Civil Liberties
New Mexico Anti-Gun Decree Follows a Dangerous Path of 'Emergency' Rule
No response to authoritarian government actions is quicker or more reliable than non-compliance.
A Blatantly Unconstitutional Gun Edict Highlights the Hazards of Emergency Powers
New Mexico Gov. Michelle Lujan Grisham thinks violent crime gives her a license to rule by decree.
The Trial Begins: DOJ Sues Google Over Search Engine Dominance
Plus: FDA approves new COVID-19 vaccine, Elizabeth Warren goes after Elon Musk, and more...
The 5th Circuit Agrees That Federal Officials Unconstitutionally 'Coerced' or 'Encouraged' Online Censorship
The appeals court narrowed a preliminary injunction against such meddling but confirmed the threat that it poses to freedom of speech.
Gavin Newsom Spins Revisionist History of His COVID Record
Plus: internet censorship, outdoor dining land grabs, and more...
Free Speech, Social Media Firms, and the Fifth Circuit
The Fifth Circuit was right to rule it was illegal for the federal government to coerce social media firms, but wrong to uphold a Texas law requiring those firms to post material they prefer to keep out.
New Mexico's Governor Suspends the Right To Bear Arms, Saying the Second Amendment Is Not 'Absolute'
Local police officials are leery of enforcing Michelle Lujan Grisham's ban on public carry, which gun rights groups have challenged in federal court.
A Cop Jailed Her for 2 Years on Fake Charges. Will She Ever Get Justice?
St. Paul police officer Heather Weyker has thus far managed to get immunity for upending Hamdi Mohamud's life.
How Hippies Saved the Fourth Amendment
The Nixon administration did everything it could to curb antiwar activism. Then the courts said it had gone too far.
Are We Living Through a Standing Realignment?
Recent Supreme Court cases suggest that both the left and the right are already repositioning themselves.
Former Prisoner Can Sue Officials Who Illegally Detained Him for 2 Months, 5th Circuit Says
The case is just one example of miscalculations that routinely keep Louisiana prisoners behind bars after they complete their sentences.
Over a Year After Dobbs, Abortions Have Increased Nationwide
Despite state-level bans, new data show around 46,000 more abortions were performed during the first six months of 2023 than during the same period in 2020.
What Explains the Discourse on 303 Creative?
Procedure, soundbites, popular views, and more combined to create legally unfounded memes.
Judge Rules Minneapolis' Zoning Reforms Are Getting Too Much Housing Built
Plus: Political campaigns will have to disclose if they use AI in their ads, the effort to rehabilitate rent control rumbles on, and more...
Did Factual Revelations Undermine 303 Creative?
Recent reporting doesn't materially undermine, and could even strengthen, the case for standing.
Two-Thirds of College Students Think Shouting Down A Public Speaker Can Be Acceptable
Even at schools with solid speech policies, many students show little tolerance for opposing political beliefs.
Free "2023 Supplement" for "Firearms Law and the Second Amendment"
Covering the many developments in 2022-23.
U.K. Government Finally Admits It Can't Scan for Child Porn Without Violating Everybody's Privacy
A surveillance authority in the country’s troubling Online Safety Bill won’t be enforced, officials say. But for how long?
Jared Polis: Democrats Are 'More Pro-Freedom Than Republicans'
The Colorado governor finds common ground with many libertarians. But does he really stand for more freedom?
Was There Standing in 303 Creative?
The Court had ample reason to find a "credible threat" of enforcement, consistent with existing case law.
Arbitrary Rental Inspections Violate Search and Seizure Protections, Says Iowa Court
Warrantless home invasions are intrusive and dangerous for those on the receiving end.
Do the Proud Boys Deserve To Be in Prison Forever?
Plus: A listener question concerning porn verification laws.
Police Tore Up His Protest Sign. Now They Owe Him $50,000
Police also wrongly cited him for "improper hand signal" after the man flipped them off.
Responding to Reader Comments on The Five Internet Rights
Seven-layer stacks, messy anecdotes, and the conservative case for net neutrality.
'Free Speech Absolutist' Elon Musk Threatens Anti-Defamation League With Defamation Lawsuit
Plus: The doubling of the deficit, young Americans souring on college, and more...
May a Judge Sanction Lawyers by Requiring Them to Get Remedial Training from a Particular Ideological Organization?
An important question, whether the judge orders lawyers to be trained on religious liberty by the Alliance Defending Freedom, on transgender rights by Lambda Legal, or on race discrimination law by the ACLU.
From Prof. Richard Re: The Remarkable Discourse on 303 Creative
Is the legal left beginning to adopt a hawkish attitude toward standing?
SCOTUS' Ruling in Gay Wedding Website Case Was a Defeat for Compelled Speech
"The opportunity to think for ourselves and to express those thoughts freely is among our most cherished liberties," Justice Neil Gorsuch wrote in the majority opinion.
If You Need Pain Pills, Politicians Want To Monitor Your Body Chemistry
Our political leaders envision a future in which high-tech implants snitch about our use of painkillers.
Arkansas Social Media Age Verification Law Likely Violates First Amendment
So concludes a federal judge, issuing a preliminary injunction against enforcement of the law.
Texas S. Ct. Refuses to Block "Gag Order" on Senators Judging Impeachment of Attorney General Paxton
One Justice dissents, with a detailed opinion.
Organization Serving Disabled People Claims Newspaper Discriminatorily Targeted It for Criticism
A N.J. judge has thrown out the lawsuit, on the narrow grounds that, even if the newspaper deliberately discouraged people from attending the group's charity gala, the N.J. Law Against Discrimination doesn't apply to charity galas.
Cardi B's "Wet Ass Pussy" Doesn't Infringe Plaintiff's Song
"The concept of using 'p**** so wet' as a rhetorical device in a song is neither original nor unique to Plaintiff, and, in any event, '[c]opyright does not protect ideas or themes.'"
