Civil Liberties
Today Marks 80 Years Since Congress Last Bothered To Declare a War
Presidents once treated congressional authorization as a requirement for the U.S. to enter conflicts. What went wrong?
Biden's Gun Control Push Combines Slipperiness With Self-Righteous Certitude
The president implies that anyone who resists his agenda is complicit in the murder of innocents.
6 Months in Jail for Speaking to Newspaper About Your Court Case
In most states, if a court issues a gag order and you don't appeal it, you can go to jail for violating it even if you later argue that it violates your First Amendment rights.
Court Dismisses Defamation Lawsuit Over "Woman Accused of Defaming Dozens Online Is Arrested"
The case may get refiled, but it’s not looking promising.
Pro-Life Identification Falls to Lowest Level Since 1996
Plus: Michigan prisons ban Spanish and Swahili dictionaries, a win against New York's ban on "unauthorized" legal advice, and more...
One Year Later, No One Has Been Punished for the IRS Leak of Billionaires' Tax Data
The IRS isn’t just a powerful federal agency, it’s a weapon against the public.
She Let the Kids, Ages 3 and 5, Wait Briefly in the Car. Now She Can't Be a Teacher.
Many parents are on the child abuse and neglect registry, and they don't even know it.
To Promote Public Safety, Michigan Authorizes Cops To Rob Travelers at Airports
The change represents a substantial reversal of civil forfeiture reforms aimed at protecting innocent property owners.
Georgetown Ends Investigation of Ilya Shapiro for Bad Tweet, Will Not Fire Him
"I look forward to teaching and engaging in a host of activities relating to constitutional education," said Shapiro.
Could Congress Prohibit Abortion If Roe Is Overturned? (Updated)
Questions about the scope of federal power will remain.
Federal Civil Rights Claim Over "Trump Train" / Biden Campaign Bus Incident Can Go Forward
A federal statute imposes liability for conspiracies "to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner" for the election of federal candidates, or for "injur[ing] any citizen in person or property on account of such support or advocacy."
"The ACLU Never Stopped Defending Free Speech"
David Cole writes, Ira Glasser and Wendy Kaminer respond. [UPDATE: Added Cole's reply.]
Roy Moore Can Proceed with Libel Suit Over Allegation That He Had Solicited Sex at Mall from 14-Year-Old
Press accounts had said he “had been banned from the mall because he repeatedly badgered teen-age girls” and that he had told a 14-year-old girl at the mall “she looked pretty.” "But viewing the evidence in the light most favorable to Moore, the court finds that telling viewers that Moore was banned from the mall for soliciting sex from a 14-year-old Santa’s Helper is more stinging than telling viewers that Moore complimented a 14-year-old girl on her appearance or telling them more generally that Moore was banned from the mall for soliciting young girls.”
Anti-LGBT Panics Are Bad for Everyone's Liberty
Politicians respond to often unfounded fears with aggressive laws that interfere with individual and family choices.
"BBC 'Altered Gender in Trans Rape Claim'"
"I can't think of any other situation where we would change the words of an alleged rape victim."
James Kirchick: How Homophobia Warped the Cold War
The Secret City author explains how panic about homosexuality led to discrimination, bad policy, and, eventually, freedom.
Bipartisan Support for Red Flag Laws Elides the Practical and Constitutional Issues They Raise
Because there is no reliable way to identify future mass shooters, it is inevitable that many innocent people will lose their Second Amendment rights.
Jury Awards Johnny Depp $15 Million in Lawsuit Against Amber Heard
Heard won $2 million on one of her counterclaims.
ACLU Would Like You To Ignore Partisan Activism, Mission Drift
National Legal Director David Cole insists that the critics are wrong, but he fails to contend with much of the substance of their critiques.
The Colorado and Ohio Model Programs That Train Teachers to Defeat Active Shooters
Faculty/Administrator Safety Training & Emergency Response (FASTER)
The Senate's Latest Gun Bill Will Fail, but Not Because of the Filibuster
Democrats love to blame their troubles on Senate rules. They should look in the mirror instead.
Texas Can't Start Enforcing Social Media Law, Says SCOTUS
Plus: Who's bringing fentanyl across the border? Will Austin become a sanctuary city for abortion? And more...
Politicians Should Resist the Urge To 'Do Anything' in Response to School Shootings
While that impulse is understandable, it can lead to policies that do more harm than good.
Thoughts on the Supreme Court's Reinstatement of the Preliminary Injunction Against the Texas Social Media Law
The ruling is not a final decision on the merits. But it likely signals that at least five Supreme Court justices believe the law is unconstitutional.
Supreme Court Reinstates Stay of Texas Social Media Law (Pending Appeal); Justices Alito Dissents
Justices Thomas and Gorsuch join Justice Alito's dissent, and Justice Kagan disagreed with the majority without opinion. This is not a decision on the merits of the law, but Justice Alito's dissent notes why the answer to the merits question is "quite unclear."
Cops, Gun Restrictions, and Mass Shootings
Plus: The editors contemplate the recent Libertarian National Convention.
SCOTUS Lets Tony Timpa's Family Pursue Claims Against Cops Who Killed Him While Supposedly Trying To Help Him
The lawsuit over Timpa's deadly prone restraint, initially blocked by qualified immunity, was revived by the 5th Circuit.
Destroying Islamic Fundamentalism With Books
Ideas Beyond Borders is bringing ideas about pluralism, civil liberties, and critical thinking to hotbeds of Islamic extremism.
If You Want Protection for Your Loved Ones, Do It Yourself
No hollow promise can replace our attachments to our children, spouses, friends, and our own lives.
Does Pulling Funding from CUNY Law School Because of School's Anti-Israel Resolution Violate First Amendment?
$50K in funding was withdrawn by a Brooklyn councilwoman, and transferred to a different organization.
Unfazed by the Second Amendment, Democrats Want To Ban Gun Purchases by Young Adults
Two federal appeals courts recently concluded that such age restrictions are unconstitutional.
City Can Choose What Gets Painted on City Roadways
Painting "Black Lives Matter" doesn't require New York to allow other groups to paint other slogans.
Private Gun Carriers' Self-Defense Against Public Shooters
The Charleston (West Virginia) incident from a few days ago, the FBI 2021 statistics, and more.
A response to the latest vilification campaign against the NRA
David Kopel at the National Firearms Law Seminar
Obscenity (Including as to Minors) and "the Work Taken as a Whole"
An isolated sexually themed passage, even a graphic one, doesn't make a work obscene.
While Dying Children Called 911 for Help, 19 Uvalde Police Waited in the Hallway. For 45 Minutes.
"There were 19 officers in there," said a police spokesperson. "In fact, there were plenty of officers to do whatever needed to be done."
Why Isn't Johnny Depp v. Amber Heard Foreclosed by Depp's Loss in an English Libel Case?
It's chiefly because Virginia doesn't recognize nonmutual collateral estoppel, of course!
Excluding Public from Area of Homeless Encampment Sweeps Violates the First Amendment
So a district court held Tuesday.