Civil Liberties
Florida Bill Would Make Allegations of Race Discrimination 'Defamation Per Se'
The state Senate bill, which is extremely similar to another House proposal, aims to scrap major First Amendment protections in defamation cases.
Guns, Germs, and Drugs Are Largely Responsible for the Decline in U.S. Life Expectancy
The Washington Post hectors Congress to make U.S. life expectancy a "political priority."
9th Circuit Temporarily Restores the Right To Bear Arms As It Mulls California's New Gun-Free Zones
The state's law, which a federal judge enjoined last month, prohibits firearms in most public places.
No Sealing for Defendant After Pro Se Plaintiffs' Sex Trafficking Allegations Were Dismissed
A good illustration of the strong policy of openness in American court cases, even when defendants argue that unfounded allegations in court records are intruding on their privacy and damaging their reputations.
May Court Suspend Father's Supervised Parenting Time Until Father Gives Password to Thumb Drives That Might (or Might Not) Contain Child Pornography?
The father had an earlier history of sexually assaulting children.
Video of Federalist Society "Seat at the Sitting" Panel on Upcoming Supreme Court Cases
The panel covered many cases and featured views many would not expect at a Fed Soc event.
How a Teen Locker Room Butt Slap Triggered a 2-Year Investigation
The story shows what can happen when those accused of misconduct are subjected to opaque investigations with little due process.
In 2024, Teens Will Get Pregnant in Driverless Cars
Plus: State officials attempt to ban Donald Trump from 2024 election ballots.
Judge Blocks Attempt To Dismiss Lawsuit Challenging Idaho Abortion Ban
A state judge ruled that a lawsuit seeking clarification on Idaho's vague abortion ban can move forward, despite dismissing some of the suit's claims.
News Website Publisher Gets Harassment Restraining Order Against Insistent Seeker of Coverage
The trial court found that "Decker continued contacting Siewert after she had asked him to stop five times" and "Decker's intent was to impose his will on Siewert to make her write about certain issues and to cover those issues in the way that he wanted them covered."
Federal Judge Questions 'Evolving Standards' Test for Cruel and Unusual Punishment
The Supreme Court judges Eighth Amendment cases with "evolving standards of decency." Some conservative jurists don't like it.
California's 'Repugnant' Restrictions on Public Gun Possession Just Took Effect
After a federal judge deemed the state's location-specific gun bans unconstitutional, the 9th Circuit stayed his injunction.
October 7: A Turning Point for Free Speech?
Restricting speech about the world's most pressing problems does not make them go away, nor does it settle any disputes.
Court Rejects Fan's Libel Claims Against L.A. Clippers Player Russell Westbrook and the Utah Jazz
Westbrook and the Jazz characterized the fan's insults to Westbrook as racist; in context, the court concluded, these were constitutionally protected statements of opinion.
Who Decides Whether Trump Can Run, and What Sort of Evidence Suffices?
Letting state officials determine whether a candidate has "engaged in insurrection" opens a huge can of worms.
In Which States Is an Employee Protected from Firing for Making and Posting Porn Videos Off-Duty?
Colorado, North Dakota, probably Montana, and maybe New York.
10 Stories That Drove Free-Range Parents Crazy in 2023
And some good news, after all.
Hong Kong Police Targeting Overseas Activists and Speech
Police have set bounties on 13 activists, some living in the U.S.
A Bad Year for Drag Queen Foes
New anti-drag laws were deemed unconstitutional in every state where they were challenged this year.
Can the Government Be More Effective?
William D. Eggers discusses what he's learned about making the government less intrusive.
'I Relied on Others,' 'Documents Were Filed in the Wrong Place,' and Other Memorable Excuses
The year's highlights in blame shifting.
Fifth Circuit Rejects Younger Abstention Claim by Prosecutor Seeking to Prosecute Netflix for Airing "Cuties"
A rare federal court decision denying Younger abstention.
First Amendment Likely Protects Even Unlicensed Engineers' Right to Provide Expert Opinion in Government Proceedings
(Note that the court dealt with a professional licensing board's threat of punishment for such engineers; it doesn't deal with the separate question whether a government body may refuse to accept testimony from an unlicensed expert.)
Prediction: 2024 Will See Deadly Political Violence in the Streets
And there's still time left in 2023, the way things are going lately in New York.
Tweet Accusing Man of Rape Led to Gag Order Against the Accuser
The trial judge concluded the Tweet was “harassment by defamation.”
Trump's Promise to 'Indemnify' Cops 'Against Any and All Liability' Is Absurd for 2 Reasons
Police officers already are routinely indemnified, and suing them for abuse is much harder than Trump claims.
Social Media Censorship and The First Amendment
Stanford's Jay Bhattacharya debates St. John University's Kate Klonick on the federal government's role in social media censorship.
