Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Criticizing the law by calling for people to break it is an American tradition.
A Connecticut case raises the issue of whether a government agency violated the Fourth Amendment by attaching a camera to a bear known to frequent the plaintiffs' property. While the facts may seem silly, the case does raise some serious issues.
Current culture wars are just one more manifestation of the reality that public education routinely devolves into indoctrination and imposition of majoritarian ideology on dissenters. But school choice can help mitigate that problem.
Manufacturing improvements made affordable many types of guns that previously had been available only to the wealthy
Plus: A listener question considers the pros and cons of the libertarian focus on political processes rather than political results.
A bill advancing the New York State Assembly would require child welfare agents to inform parents of their legal rights when beginning an investigation of child abuse or neglect.
The lawsuit looks iffy in light of the Supreme Court's "open fields" doctrine.
The state court of appeals held previously that unconstitutionally collected evidence could still be used for civil enforcement.
The question: Does the First Amendment allow content-based but viewpoint-neutral restrictions on which trademarks may be registered—here, a restriction on marks that "[c]onsist[] of or comprise[] a name ... identifying a particular living individual except by his written consent"?
Plus: Librarians take on Arkansas book restrictions, another migrant stunt may have originated in Florida, and more...
Online platforms should resist binding us all to the rules of censorship-happy jurisdictions.
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Properly crafted restrictions on displays of pornographic material where minors can see it are constitutional; but the court rules, among other things, that this restriction (1) discriminatorily targets drag shows, (2) lacks an exemption for minors escorted by parents, (3) applies even to venues that try to card attendees but are duped by a fake ID.
The new law dictates a life sentence for anyone caught having gay sex and the death penalty for anyone convicted of "aggravated homosexuality."
"We find that while removing this content does curb some misinformation, it could also have the unintended effect of curtailing political speech."
Maurice Jimmerson has spent 10 years in jail awaiting trial for a 2013 murder charge.
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
The symposium was edited by Prof. Justin "Gus Hurwitz" & Prof. Kyle Langvardt, and will be published later this year as a book by Cambridge University Press.
The court had allowed her to litigate pseudonymously at earlier stages in the process, but just held that this doesn’t extend to trial.
The show's final season boldly declared that success requires putting yourself first and accepting the trade-offs.
Plus: Flaws in studies linking teen social media use to depression, debt ceiling deal passes Senate, and more...
The case had involved a doctor who had sued over his license being restricted based on allegations of mental incompetency.
As with other cases in recent months, Georgia law enforcement has used specious classifications to charge nonviolent protesters with domestic terrorism.
Manufacturing improvements made affordable many types of guns that previously had been available only to the wealthy
The Missouri senator is once again pursuing misguided tech regulation.
Plus: Debt ceiling deal passes House, Congress wants to childproof the internet, lactation consultant licensing law is unconstitutional, and more...
a sub silentio invocation of the general law and positive law approaches
A growing number of "First Amendment auditors" are testing the limits of what police will and will not allow them to film.
The CEO of Open To Debate wants us to disagree more productively—especially when it comes to presidential debates.
How online “child protection” measures could make child and adult internet users more vulnerable to hackers, identity thieves, and snoops.
Even taking all the money from every billionaire wouldn't cover our coming bankruptcy.
Whether the putative target is the "biomedical security state," wokeness, "Big Tech censors," or Chinese Communists, the presidential candidate’s grandstanding poses a clear threat to individual rights.
The Tyler home equity theft case is just the tip of a much larger iceberg of property rights issues where stronger judicial protection can protect the interests of the poor and minorities, as well as promote the federalist values of localism and diversity.
"Parents have told me that once their children learn to swim they have more confidence and self-esteem," says Joseph Brier, a swim instructor.
Laws against displaying Nazi-esque iconography are well-intended, but they pose a threat to free speech and the principles of a free society.
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