Supreme Court Refuses to Consider Eviction Moratorium Takings Case
But Justice Clarence Thomas wrote a strong dissent to denial of certiorari.
Civil Liberties
Abortion, Colorado River, and Interpleader
The true superpower of the lawyer is to turn all questions into questions about procedure—often, about procedure about procedure.
Did the Secret Service Surveil James Comey Without a Warrant After '86 47' Post?
The former FBI director's cringey Instagram photos are not an "exigent circumstance" that allows law enforcement to circumvent the Constitution.
Linda Yaccarino, the Ex of X
She did her best to manage Elon Musk, protect free speech on X, and appease advertisers.
#TheyLied Defamation Case Based on Allegations of False Accusations of Rape Can Go Forward
Anti-SLAPP motions generally can't be used to resolve he said/she said factual disputes in such matters.
Nothing New Under the Sun, Here as to Rules That Focus on a Defendant's Being Motivated by Ill Will
"[V]ery agreeable to the theorist, but utterly unfit for the practical purposes of society ...."
Trump Won't Enforce the TikTok Ban. Is That Constitutional?
The Constitution requires the president to “take Care that the Laws be faithfully executed.”
ICE Is Snooping on Your Medical Bills
The immigration agency has reportedly gained access to a private database designed to fight insurance fraud.
The 'Big Beautiful Bill' Funds an Expensive Immigration Crackdown
Billions upon billions of dollars are allocated for border screening technology, immigration detention facilities, more ICE agents, and building a border wall.
Georgia Couple Whose Daughters Were Taken After False Child Abuse Claims File Lawsuit
Matt and Tuckey Hernandez lost their daughters for two years after their infant's medical issues were misidentified as abuse.
Warning: These Social Media Rules Will Erode Civil Liberties
Plus: Pittsburgh lowers prostitution penalty, FSC v. Paxton, the Diddy verdict, and more…
The Surprising Origins of Modern Freedom
Sophia Rosenfeld joins Nick Gillespie to discuss how personal choice became central to modern ideas of freedom and why that shift carries political, cultural, and psychological consequences.
The Trump Administration Says Its Speech-Based Deportation Policy 'Does Not Exist'
The government’s lawyers also say that supposedly nonexistent policy is perfectly consistent with the First Amendment.
Trump Can Take Revenge on the 'Deep State': Pardon Snowden
Why Edward Snowden deserves not only a presidential pardon, but a hero's welcome home.
$725K Settlement in University of North Texas Academic Freedom Case
The case settled while motions for summary judgment were pending; the plaintiff, Prof. Timothy Jackson, had prevailed against an earlier motion to dismiss, and the Fifth Circuit had also rejected defendants' appeal as to procedural matters.
Anti-Israel/Anti-Zionist Speech Doesn't Violate School Board Members' Ethics Obligations, When Said in the Member's Personal Capacity as Professor
But speech sharply critical of Reps. Ilhan Omar and Rashida Tlaib, and of Sharia (and thus perhaps of traditionalist Islam) had been found, by the same commission, to be unethical.
The Republican-Appointed Judge Decrying Trump's 'Deeply Disturbing' Attacks on the Rule of Law
When Arizona Supreme Court Justice Clint Bolick is worried about our constitutional order, we should all pay heed.
Gun Rights Groups Welcome the Demise of Illogical and Constitutionally Dubious Federal Firearm Taxes
The taxes on sound suppressors, short-barreled rifles, and short-barreled shotguns, originally enacted in 1934, were meant to be prohibitive, imposing bans in the guise of raising revenue.
Trump vs. the Declaration of Independence
Several of the items on the Declaration's list of grievances against King George III also apply to Donald Trump today.
Judge Denies Pseudonymity, Because Plaintiff's Sensitive Personal Information Wouldn't Likely Emerge in the Case—But then Disclosed That Information In Its Order
"[T]he heart of the district court's analysis in denying Brooks's initial motion was its conclusion that the litigation would not require Brooks to disclose the information that he had filed under seal. But, in some respects, the district court's order did just that—it put the information that Brooks had filed under seal on the public docket."
Celebrate Independence Day by Insulting a Politician
Perhaps the one thing Americans still have in common is our eagerness to criticize government.
Government Employees May Generally Be Disciplined for Sufficiently Controversial Public Political Speech
From the Eleventh Circuit, a reminder that First Amendment protections against government employer action are much weaker than the protections against the government as sovereign (especially, but not only, when the speech is also "disrespectful, demeaning, rude, and insulting").
NIMBYism Stifles Housing Construction in Previous Growth Areas
In recent years, exclusionary zoning and other regulatory restrictions have begun to block housing construction in areas where it was once relatively easy.
Florida Can Forbid Transgender High School Math Teacher From Using Feminine Pronouns to Refer to Herself in Class, 11th Circuit Says
The appeals court vacated a preliminary injunction that had been based on her First Amendment rights
Florida Teachers Have No First Amendment Right to Indicate Their Preferred Pronouns and Honorifics in Class
So an Eleventh Circuit panel held today, by a 2-1 vote.
Florida Plans To Deputize 9 National Guardsmen as Immigration Judges To Increase Deportations
Legal experts are concerned that immigration judges with only six weeks of training will not uphold constitutional protections for migrants.
By Settling Trump's Laughable Lawsuit Against CBS, Paramount Strikes a Blow at Freedom of the Press
The company's surrender to Trump's extortion vindicates his strategy of using frivolous litigation and his presidential powers to punish constitutionally protected speech.
The First Amendment Protects CNN's Reporting on ICEBlock and Iran
The Justice Department cannot constitutionally prosecute a news outlet for covering the news.
Lawsuit Against Google for Accurately Reporting Negative Stories About Plaintiff Dismissed
Plaintiff claimed that the search results violated his "right of publicity," and also that the output was defamatory because it "uses a 'negative algorithm' that promotes negative stories about Garmon while suppressing positive stories about him—or, at least, pushing the positive stories down the list of search results."
New York City Tried To Seize Lucy the Pig. Mayor Eric Adams Says the Family Can Keep Her—If She Leaves Town.
The owners faced fines of up to $18,000 for keeping the pig within city limits.
Trump Says the Courts Have No Business Questioning His Dubious Definition of 'Alien Enemies'
The U.S. Court of Appeals for the 5th Circuit is considering whether the president properly invoked the Alien Enemies Act to deport alleged gang members.
