Can a Florida School District Ban a Children's Book About Gay Penguins?
The answer's more complicated than you might think.
Civil Liberties
Resourceful Indigenous Kids Survive 40 Days in Amazon Jungle
In the U.S., we arrest parents who let their 8-year-olds walk half a mile.
Arkansas Ban on Gender Transition Treatments for Minors Ruled Unconstitutional
Plus: New rules limit asylum applications, the bad math behind economic doomerism, and more...
Journal of Free Speech Law: "Structuring a Subsidy for Local Journalism," by Prof. Kyle Langvardt
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Reporters Convicted of 'Trespass' for Doing Their Jobs
The guilty verdict came the same day the Justice Department blasted Minneapolis for harassing the press.
He's Facing Life in Prison for Owning Firearms Without a License
The government appears to agree that Charles Foehner shot a man in self-defense. He may spend decades behind bars anyway.
Europe's Bitcoin-Busting Mistake
The E.U.'s new virtual currency regulations will endanger privacy and trigger an exodus of tech talent from Europe, hobbling its role in the future of finance.
Journal of Free Speech Law: "From Hot News to Link Tax: The Dangers of a Quasi-Property Right in Information," by Paul Matzko
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Federal Circuit Rules Temporary-but-Recurring Flooding of Property by the Government is an Automatic per se Taking
If the government floods private property on a recurring basis, it is automatically required to pay compensation, and owners' claims are not subject to a balancing test.
Upcoming Symposium Opportunity on "Rethinking Penn Central"
The Pacific Legal Foundation is sponsoring a symposium on this important issue, which may be of interest to legal scholars and others.
Journal of Free Speech Law: "How Local TV News Is Surviving Disruption as Newspapers Fail: Lessons Learned," by Prof. Laurie Thomas Lee
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Journal of Free Speech Law: "Moderating the Fediverse: Content Moderation on Distributed Social Media," by Prof. Alan Rozenshtein
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
54% of Protestant Churches Rely in Part on Armed Church Members for Security
Only 20% rely on armed private security personnel, and 5% on uniformed police officers.
Confused TikTok Mom Asks for Help When Random Child Comes Over To Play With Her Kid
"I don't know this kid, I don't know his mom, I don't know where he lives," she said in a viral video.
Court: Public School Likely May Ban Student from Wearing "There Are Only Two Genders" T-Shirt,
notwithstanding the First Amendment.
Justice Department Finds 'Deeply Disturbing' and Illegal Policing in Minneapolis
Minneapolis police used gratuitous force, discriminated against black and Native American residents, and retaliated against people exercising their First Amendment rights.
Journal of Free Speech Law: My "The Reverse Spider-Man Principle: With Great Responsibility Comes Great Power"
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Feds May Need Warrants To Search Cell Phones at the Border After All
Snooping through emails, video, and photos isn’t the same as stumbling on containers full of cocaine.
A Civil Rights Attorney Started Filming a Traffic Stop. Then Police Arrested Her.
Her arrest may have been retaliation for her involvement in a lawsuit against the local police department.
Congress Had Questions About the CDC Stifling Dissent. Rochelle Walensky Refused To Answer.
Plus: Court using anti-pornography software to track a criminal defendant, $25 million verdict against Starbucks over fired employee, and more...
Journal of Free Speech Law: "Content Moderation in Practice," by Laura Edelson
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Seattle Ordinance That Forbids, Among Other Things, Chalking Is Likely Unconstitutional
[UPDATE 5/19/24: This trial court decision has since been reversed by the Ninth Circuit.]
The New Right Isn't So New
Left-wing totalitarianism and right-wing authoritarianism are not our only options.
A.I. Needs Section 230 To Flourish
A new bill from Sens. Josh Hawley and Richard Blumenthal would stifle the promise of artificial intelligence.
Louisiana Gov. Said He Opposed the Death Penalty. Then Almost Every Death Row Inmate Applied for Clemency.
Only two clemency applications from death row inmates in Louisiana have been granted in the past 50 years.
Intelligence Services Evade 4th Amendment by Paying for Your Data
The Office of the Director of National Intelligence warned that the practice threatens civil liberties, risks "mission creep," and could increase intelligence agencies' power.
Government Entity May Turn off All Comments on Its Social Media Page
It just can't limit such comments in a viewpoint-based way.
"Hamtramck Council Approves Banning LGBTQ+, Other Flags on City Property"
Actually, the resolution just dictates what flags may be flown on city flagpoles; and that, I think, is constitutionally permissible.
Armslist Not Liable for Hosting Gun Sale Ads That Led to Purchases by People Who Used the Guns Criminally
The Seventh Circuit so holds, applying Wisconsin tort law, and not reaching the 47 U.S.C. § 230 issue.
Congress Considers Conditions on the Government's License To Steal
The FAIR Act includes several substantial reforms that would make it harder to take property from innocent owners through civil forfeiture.
Why Is It So Hard for Victims of Police Abuse To Get Justice?
Joanna Schwartz on how law enforcement "became untouchable"
If Employee Is Fired for Off-the-Job Political Speech, Can He Be Denied Unemployment Compensation
on the grounds that the firing was for "misconduct" (such as violation of a social media policy)?
Journal of Free Speech Law: "Brokered Abuse," by Prof. Thomas Kadri
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
DeSantis Complains About the Weaponization of State Power. He Should Reexamine His Own Record.
If the Florida governor wants better behavior, he should model better behavior.
Did NYC Schools Retaliate Against Parents Who Asked Too Many Questions?
Parents of disabled children say the schools filed false neglect reports against them.
Codifiers' Errors and 42 U.S.C. 1983
with relevance to both a 1980 precedent and a recent article by Alex Reinert
Allegations That Particular Conduct Stemmed from a Racist Motivation Generally Aren't Defamatory
(though false allegations about the details of the conduct may be).
The Public Has a Right To See the Nashville Shooter's Writings
Government officials have neither the right nor the credibility to stand in the way.
