Civil Liberties
Executive Order Banning Flag-Burning Jeopardizes Flag-Burner's Prosecution for Illegal Fire Lighting in National Park
The Order raises the inference that his actions were targeted for their message; without the Order, there would have been a much stronger inference that he was prosecuted just for the illegal fire lighting (in violation of valid park safety regulations).
Border Patrol Seized Her $40,000—Without Charging Her With a Crime
"We created a monster," says Brad Cates, who helped write civil forfeiture laws as director of the Justice Department's Asset Forfeiture office.
Lawsuit Alleges New York Holds Juveniles in Solitary Cells Without Toilets
"Youth must ask to be released from their cells to use the bathroom or be forced to use garbage pails, water bottles, food containers, or buckets to relieve themselves," the lawsuit says.
Rand Paul Turns Against Section 230, Citing YouTube Video Accusing Him of Taking Money From Maduro
After Google refused to take down a video of him, the Kentucky senator suggested upending the legal framework undergirding the internet for three decades.
"The Enduring Legacy of Buckley v. Valeo," by Floyd Abrams
"Despite sustained criticism from all sides, Buckley's core principle persists: government cannot ration political speech."
Local Official Sues for Libel over Allegations That He Has "Severe Mental Health Issues"; Court Says …
"truth is an absolute defense."
The Insurrection Act, Which Trump Keeps Threatening To Invoke, Is Alarmingly Vague and Broad
The antiquated statute arguably allows the president to deploy the military in response to nearly any form of domestic disorder.
SCOTUS Seems Inclined To Reject Hawaii's Default Rule Against Guns on Private Property Open to the Public
The state requires carry permit holders to obtain advance permission before bringing firearms into businesses.
Video Shows Miami Beach Detectives Questioning Woman Over Facebook Post Criticizing Mayor
FIRE condemned the police visit: "This blatant overreach is offensive to the First Amendment."
"The Buckley Principles," by Lee E. Goodman
"The core First Amendment principles of Buckley v. Valeo endure after fifty years."
Buckley v. Valeo: A Retrospective Series
The introduction to an Institute for Free Speech symposium, which I'll be cross-posting over the next couple of weeks.
'We Are Not Investigating' the Shooting of Renee Good, the Deputy Attorney General Says
Todd Blanche joins other top administration officials in declaring that ICE agent Jonathan Ross was justified in killing Good. Most Americans disagree.
This 1996 Law Protects Free Speech Online. Does It Apply to AI Too?
Excluding generative AI from Section 230 could stymie innovation and cut off consumers from useful tools.
How the FCC Became the Speech Police
The constitutionally anomalous status of broadcasting invites government meddling.
ICE vs. Wine Moms, Rogan on Fauci's Crimes, and the Star Wars Prequels
A delightfully chaotic episode of Freed Up where the hosts discuss how Minnesota wine moms have taken to the streets and the Star Wars prequels somehow end up on trial—again
Video Shows Feds Shooting ICE Protester With Nonlethal Round at Point-Blank Range, Blinding Him in One Eye
The incident raises more questions about federal agents' use-of-force policies and training.
She Let Her 6-Year-Old Ride to the Park Alone. Georgia Called It Neglect.
Despite a new state law protecting childhood independence, child welfare officials accused these Atlanta parents of neglect—and put their family under surveillance.
Renee Good Was a Casualty of Trump's Order Against 'Political Violence'
The administration's written policies make it likely that more people like Renee Good will be targets, and victims, of ICE.
'We Cannot Be Afraid To Do Something Because the Left Might Do It in the Future'
Vice President J.D. Vance on the nature of power
Ohio State Student's Posts Urging "Resistance and Escalation" in Response to Israel's Actions in Gaza Protected by First Amendment
So holds a court, reversing student Guy Christensen's "disenrollment." The student also wrote, responding to the murder of two Israeli embassy employees in D.C. outside the Capital Jewish Museum, "I do not condemn the elimination of those two Zionist officials."
Federal Agents Used a Battering Ram to Enter a Minneapolis Home Without Valid Warrant, Video Shows
“Any American should be terrified by…such an egregious violation of the Fourth Amendment,” said the arrestee’s attorney.
The FBI Thinks Renee Good's Anti-ICE Activism Is Relevant in Deciding Whether Killing Her Was Justified
It is hard to see how, since that question hinges on what happened the morning that an ICE agent shot her.
Florida Governor Candidate Proposes 50 Percent Tax on OnlyFans Creator Revenue
"I will not allow a generation of smart and capable young women to sell their bodies online," said Republican gubernatorial hopeful James Fishback.
Multi-Billion Dollar Corporation Drops Suit Against Inter-American Development Bank, After Court Holds It Can't Sue as "Doe Corporation"
The case helps illustrate why the legal rules surrounding when parties can litigate under pseudonyms are so important.
19 States That Legalized Marijuana Use Nevertheless Say It Should Disqualify People From Owning Guns
They are joining the Trump administration in urging the Supreme Court to uphold a federal law that disarms "unlawful" drug consumers.
No, ICE Agents Do Not Have 'Absolute Immunity' From State Prosecution
How J.D. Vance misstated the law.
End the Fed? Or Turn It Over to Trump?
Plus: ICE shootings divide the country, the Iran uprising intensifies, and California targets billionaires with a wealth tax
Video Shows Border Patrol Threaten Legal Observer in Key Largo for Following Him
Every federal circuit court that has considered the issue, including the one covering Florida, has upheld a First Amendment right to monitor and record the police.
Trump 2.0, Year 1: A Libertarian Nightmare
Trump's second term lurches forward, powered by monarchical authoritarianism
Iran's Inflation Protests Turned Into an Uprising. Will Trump Get Involved?
The unrest started with a merchants' strike, escalated into a bloody crackdown—and might become an American war.
'Pregnant? Don't Want To Be?' Ads at South Dakota Gas Stations Spark First Amendment Battle
Mayday.Health ads that direct people to an informational website about abortion access are deceptive advertising and must be banned, the state argues. That’s unconstitutional, counters Mayday.
A Breakable Regime
Plus: Wealth tax barely understood by its proponents, Jerome Powell investigated, why sobriety sucks, and more...
Google Missed Key Deadline in Suit Alleging Google's AI Libeled Business, Court Holds
A federal district court rules that the case should go back to Minnesota state court, rather than being in federal court.
Court Refuses to Seal Case Involving Government's Motion to Authorize Disclosure of Tax Returns
"The substantial public interests implicated by questions of the proper scope of Executive power and the statutory limits on access to tax information warrant public disclosure. While this case, and ... this decision, are now unsealed, the underlying Application and its supporting materials will remain under seal, at least while the investigation remains active ...."
First Amendment Protects Islam Expert's Post-Sept. 11 Speech Urging People to Join Taliban
So a Fourth Circuit panel held today, vacating the defendant's convictions from 2005.
