Civil Liberties
An Un-Bearable Fourth Amendment/Property Rights Case
A Connecticut case raises the issue of whether a government agency violated the Fourth Amendment by attaching a camera to a bear known to frequent the plaintiffs' property. While the facts may seem silly, the case does raise some serious issues.
How School Choice Can Mitigate Harmful Culture War Policies in Public Education
Current culture wars are just one more manifestation of the reality that public education routinely devolves into indoctrination and imposition of majoritarian ideology on dissenters. But school choice can help mitigate that problem.
Fast Reloading of Guns in the 19th Century
Manufacturing improvements made affordable many types of guns that previously had been available only to the wealthy
Should Libertarians Be Noncombatants in the Pride Wars?
Plus: A listener question considers the pros and cons of the libertarian focus on political processes rather than political results.
NYC's Child Protection Agency Lobbying To Weaken Parents' Rights Bill
A bill advancing the New York State Assembly would require child welfare agents to inform parents of their legal rights when beginning an investigation of child abuse or neglect.
A Connecticut Couple Challenges Warrantless Surveillance of Their Property by Camera-Carrying Bears
The lawsuit looks iffy in light of the Supreme Court's "open fields" doctrine.
Michigan Supreme Court To Decide If Government Can Warrantlessly Spy on You With Drones
The state court of appeals held previously that unconstitutionally collected evidence could still be used for civil enforcement.
S. Ct. Will Decide "TRUMP TOO SMALL" Trademark / First Amendment Case
The question: Does the First Amendment allow content-based but viewpoint-neutral restrictions on which trademarks may be registered—here, a restriction on marks that "[c]onsist[] of or comprise[] a name ... identifying a particular living individual except by his written consent"?
Trump-Appointed Judge Rules Tennessee's Anti-Drag Law Unconstitutional
Plus: Librarians take on Arkansas book restrictions, another migrant stunt may have originated in Florida, and more...
E.U.'s Digital Services Act Threatens Americans' Free Speech
Online platforms should resist binding us all to the rules of censorship-happy jurisdictions.
Journal of Free Speech Law: "Sober and Self-Guided Newsgathering," by Prof. Jane Bambauer
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Court Strikes Down Tennessee Ban on Pornographic Performances by "Male or Female Impersonators" Where Minors Can See Them
Properly crafted restrictions on displays of pornographic material where minors can see it are constitutional; but the court rules, among other things, that this restriction (1) discriminatorily targets drag shows, (2) lacks an exemption for minors escorted by parents, (3) applies even to venues that try to card attendees but are duped by a fake ID.
Uganda's New Anti-Gay Law Could Undermine AIDS Prevention
The new law dictates a life sentence for anyone caught having gay sex and the death penalty for anyone convicted of "aggravated homosexuality."
YouTube Abandons Election Misinformation Policy That Censored Political Speech
"We find that while removing this content does curb some misinformation, it could also have the unintended effect of curtailing political speech."
He Spent a Decade in Jail Without Being Convicted. Now His Lawyer Says His Case Should Be Dismissed.
Maurice Jimmerson has spent 10 years in jail awaiting trial for a 2013 murder charge.
Journal of Free Speech Law: "Getting to Trustworthiness (But Not Necessarily to Trust)," by Prof. Helen Norton
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Journal of Free Speech Law Publishing Symposium on "Media and Society After Technological Disruption"
The symposium was edited by Prof. Justin "Gus Hurwitz" & Prof. Kyle Langvardt, and will be published later this year as a book by Cambridge University Press.
Woman Suing Cuba Gooding, Jr. Over Alleged Rape Can't Proceed as "Jane Doe" at Trial
The court had allowed her to litigate pseudonymously at earlier stages in the process, but just held that this doesn’t extend to trial.
The Marvelous Mrs. Maisel Celebrated Selfishness as a Virtue
The show's final season boldly declared that success requires putting yourself first and accepting the trade-offs.
Hunter Biden, Second Amendment Warrior?
Plus: Flaws in studies linking teen social media use to depression, debt ceiling deal passes Senate, and more...
Unsuccessful Plaintiff Can't Get Case Retroactively Sealed, Despite Alleged Harm to Employment Prospects
The case had involved a doctor who had sued over his license being restricted based on allegations of mental incompetency.
Georgia Arrests 'Cop City' Bail Fund Organizers for Fraud, Money Laundering
As with other cases in recent months, Georgia law enforcement has used specious classifications to charge nonviolent protesters with domestic terrorism.
Fast reloading of guns in the 19th century
Manufacturing improvements made affordable many types of guns that previously had been available only to the wealthy
Josh Hawley Wants the Government To Silence A.I.
The Missouri senator is once again pursuing misguided tech regulation.
California Lawmakers Want To Make Tech Companies Subsidize News Media
Plus: Debt ceiling deal passes House, Congress wants to childproof the internet, lactation consultant licensing law is unconstitutional, and more...
The Source of Law in Tyler v. Hennepin County
a sub silentio invocation of the general law and positive law approaches
NYPD Claims It's Illegal To Film in a Police Station
A growing number of "First Amendment auditors" are testing the limits of what police will and will not allow them to film.
Clea Conner: America Needs More and Better Debates
The CEO of Open To Debate wants us to disagree more productively—especially when it comes to presidential debates.
Childproofing the Internet
How online “child protection” measures could make child and adult internet users more vulnerable to hackers, identity thieves, and snoops.
Social Security and Medicare Are Ticking Time Bombs
Even taking all the money from every billionaire wouldn't cover our coming bankruptcy.
Ron DeSantis Dangerously Blurs the Line Between State and Private Action
Whether the putative target is the "biomedical security state," wokeness, "Big Tech censors," or Chinese Communists, the presidential candidate’s grandstanding poses a clear threat to individual rights.
My New Brennan Center Article on Tyler v. Hennepin County and the Cross-Ideological Case for Stronger Judicial Protection for Constitutional Property Rights
The Tyler home equity theft case is just the tip of a much larger iceberg of property rights issues where stronger judicial protection can protect the interests of the poor and minorities, as well as promote the federalist values of localism and diversity.
Teaching Kids To Swim Is a Great Way To Protect Them From Actual Danger
"Parents have told me that once their children learn to swim they have more confidence and self-esteem," says Joseph Brier, a swim instructor.
German Police Investigate Roger Waters Over Concert Wardrobe
Laws against displaying Nazi-esque iconography are well-intended, but they pose a threat to free speech and the principles of a free society.
What Do Gadsden Flags and Pride Flags Have in Common?
Sexual minorities aren't the only ones who love to wave identity flags.
Second Amendment Roundup: U.S. Seeking Cert on Prohibited Persons
The Administration is hoping that bad facts will make bad law.
