Civil Liberties
Oregon Sues Trump Administration Over 'Unlawful' National Guard Federalization
The administration ordered the federalization of 200 Oregon National Guard members for 60 days, citing the same suspect legal authority used to send troops to California earlier this year.
ICE Doesn't Want You To Know Why They Bought a Phone Cracking System
The agency has been expanding its surveillance capabilities without a public explanation.
Assata Shakur Stood With the Oppressors
The fugitive freedom fighter allied with a government known for imprisoning dissidents, curtailing civil liberties, and forging equality in the sense that people are more equally oppressed.
Trump's Executive Order Against 'Political Violence' Is an Un-American Attack on Free Speech
The order lists "anti-Americanism, anti-capitalism, and anti-Christianity" as common threads among "domestic terrorists," though all are protected by the First Amendment.
First the U.K., Next the U.S.? Britain's Digital ID Plan Should Scare Americans.
Once created, a digital ID system will prove catnip to politicians who want to track where we go, online and off.
Allegedly False Rape Accusations as Sexual Harassment for Title IX Purposes
"[P]ersistent and unfounded branding of a man as a 'rapist' cannot be easily dismissed as anything other than sex-based harassment."
Immigrants Arrested During Federal Takeover of D.C. Police Are Suing ICE and Other Federal Agencies
Five plaintiffs are arguing that several mass immigration arrests in the nation’s capital were made without probable cause.
DHS Collected DNA from 2,000 U.S. Citizens Without Due Process. It's Now in a Law Enforcement Database.
By expanding federal agents' authority to collect the DNA of immigrant detainees, the government has risked violating Americans’ rights.
California Got This One Right: ICE Agents Shouldn't Be Allowed To Wear Masks
Masked agents are the unmistakable sign of a police state.
Second Circuit Allows Claim That "Implicit Bias Trainings" Constituted Racial Harassment
The court concluded that the plaintiff, a former New York City educator and administrator, presented enough of a case to go to the jury.
Democrats to Trump: Stop Jawboning, That's Our Job!
Democrats are vowing to break up media companies that kowtowed to Trump if they take back power.
The 9th Circuit Overturns a Man's Conviction for Holding a Shotgun on the Sidewalk in Front of His House
The decision, which hinges on an exception to the Gun-Free School Zones Act, does not say whether that law is consistent with the Second Amendment.
FCC Threats Against Jimmy Kimmel Echo a Century of Speech Control
From the Fairness Doctrine to Nixon’s “raised eyebrow,” government licensing power has long chilled broadcast speech—proving the First Amendment should apply fully to the airwaves.
Why Did a Florida Sheriff Accuse a Group of Fishing Guides of Inciting Threats Against Public Officials?
The Hendry County Sheriff accused Captains for Clean Water of "fuel[ing] hostility and provok[ng] violent rhetoric," but a free speech advocacy group says they were well within the First Amendment.
Donald Trump and Peter Thiel Are Using AI To Supercharge the Surveillance State
Peter Thiel warns of a pending one-world totalitarian government—while himself pushing to supercharge the surveillance state.
Google Says Biden Admin Pressured Company To Remove Content
Plus: ICE helps arrest sex workers, the SIM farm "security threat," Waymo car crashes caused by human error, and more...
The Forced Sale of TikTok Is Crony Capitalist at the Core
Forcing the sale of a social media company for political reasons was always going to be a power grab for the White House—whether its occupant was Democratic or Republican.
Trump's Vision of Broadcast Regulation Is a Threat to Conservatives
History suggests that Republicans will regret letting the FCC police TV programming.
Free Speech Unmuted: Kimmel, the FCC, and the Government's Power Over Broadcast Speech, with Prof. Ash Bhagwat (UC Davis)
Ash Bhagwat is an expert on federal communications law, as well as on the First Amendment; he is also Jane Bambauer's and my co-Executive-Editor on the Journal of Free Speech Law.
Refereeing the Debate over the 2021 National Firearms Survey
Critics of Prof. William English's survey sometimes miss the mark, but also raise valid questions.
From Prison to Helping the FBI to an Apple TV Miniseries … to Google-Hallucinated Libel?
Jimmy Keene, on whom the Apple TV miniseries Black Bird was based, sues Google alleging its AI hallucinated accusations that he's a convicted murderer serving a life sentence.
60 Years Ago, Ayn Rand Denounced FCC Censorship. Brendan Carr Should Listen.
In her 1962 essay "Have Gun, Will Nudge," Rand explained exactly how the public interest standard would lead to censorship.
Free Speech Means You Can Criticize Anyone
Plus: Fallout from the Tom Homan bribery probe, U.S. forces strike Venezuelan drug boats, and Trump considers sending troops back to Afghanistan
Michigan Anti-Porn Bill Would Criminalize ASMR, Written Erotica, and Even Nonsexual Depictions of Trans People
Under the law, transgender people writing about their gender identity online could face 20 years in prison and a $100,000 fine.
America's Free Speech Culture Is Under Attack From Within
The First Amendment still stands, but the culture that supports it is eroding.
The FCC's Involvement in Canceling Jimmy Kimmel Was 'Unbelievably Dangerous,' Ted Cruz Says
Rand Paul concurs that the threats preceding the comedian's suspension were "absolutely inappropriate" because the agency has "no business weighing in on this."
The FCC Chair's Unprecedented, and Constitutionally Problematic, Response to Jimmy Kimmel
And Trump's much more extreme one. [EV writes: I bumped this post from yesterday, because it struck me as especially timely and substantively valuable.]
Should Elected Officials Censor Americans? Trump's Administration Says Yes.
Vice President J.D. Vance and Sen. Cynthia Lummis are among the latest conservatives to turn their backs on free speech when it comes to their ideological opponents.
Judge Strikes Trump's Complaint in Libel Lawsuit Against N.Y. Times
"The complaint continues ... with much more, persistently alleged in abundant, florid, and enervating detail." "[A] complaint is not a public forum for vituperation and invective—not a protected platform to rage against an adversary. A complaint is not a megaphone for public relations or a podium for a passionate oration at a political rally or the functional equivalent of the Hyde Park Speakers' Corner."
