College Debate Team Comes Out Against Debate
James Madison University's debate team says that "free speech should not extend to requiring us to platform or amplify ideas that are exclusionary, discriminatory, or hostile."
Civil Liberties
The Fox/Dominion Settlement Highlights the Importance of Discovery in Proving 'Actual Malice'
Critics argue that excessively strict pleading standards prevent plaintiffs with meritorious defamation claims from obtaining the evidence they need to support them.
Professional Duty to Warn Clients About Risk of Reputational Harm from Filing Lawsuit?
"Plaintiff was not informed by his legal counsel prior to filing suit of the potential for immediate disclosure of his name if his Motion to Proceed Under Pseudonym was denied."
Parents' Lawsuit Against School Social Worker Can Go Forward
The social worker had reported the parents for educational neglect; the parents argue this was knowingly false, because the social worker knew the parents "were in compliance with their statutory obligation to educate their child" by home schooling.
Death of 'Cop City' Protester Ruled a Homicide
Plus: The EARN IT Act is back (again), SCOTUS postpones abortion pill decision until Friday, and more...
Georgia Jail Officials Resign After Inmate Found Dead and Covered With Insects
"They put that man in that cell, left him there to die," said an attorney for the man's family. "And that's exactly what happened."
Florida Bans Most Public School Instruction on Sexual Orientation and Gender Identity
What happened to the claim that this was just about protecting young children?
The Fox-Dominion Lawsuit Shows That Mike Lee Is Wrong About Defamation
The 1964 Supreme Court decision New York Times Co. v. Sullivan makes it more difficult for public figures to prove defamation—but as we saw this week, not impossible.
No First Amendment Violation in Requiring Law Student to Meet with "Behavior Intervention Team" Related to …
allegedly "threaten[ing] ... administrators, ma[king] female instructors and students uncomfortable, and show[ing] signs of 'disjointed' thinking."
Supreme Court Decides to Hear Important Asset Forfeiture Procedural Property Rights Case
The Court will determine whether the Due Process Clause prevents the government from using asset forfeiture to seize property and hold it for many months without a timely hearing.
Elon Musk Warns Tucker Carlson: The Feds Are in Your Twitter DMs
The feds invoke national security to take away more of your rights and pretend they're keeping you safe.
Daniel Akst: The World War II Pacifists Who Changed America Forever
"Christian libertarians" Bayard Rustin and David Dellinger challenged state power and ended up leading the civil rights movement and anti-Vietnam War protests.
The Fox-Dominion Settlement Isn't a Good Argument for Cable News Speech Restrictions
Plus: Graphic novels at forefront of library culture wars, monopoly myths, and more...
FDA Head Wants 'Better Regulation' of What Government Considers Misinformation
Officials who often get it wrong can’t be trusted to reliably decree what’s true.
Cornell's President Defends Free Speech Against Illiberal Impulses
Martha Pollack rejects the pernicious premise that universities should protect students from offensive ideas.
In a $788 Million Defamation Settlement, Fox News Admits That It Spread False Claims About Election Fraud
"The truth matters," says Dominion Voting Systems, and "lies have consequences."
"40 Officers of China's National Police Charged in Transnational Repression Schemes Targeting U.S. Residents"
"Defendants accused of creating fake social media accounts to harass PRC dissidents, and working with employees of a U.S. telecommunications company to remove dissidents from company's platform."
Reporter Detained in Russia Faces Arduous Path to Freedom
Evan Gershkovich was arrested in Russia last month on espionage charges. If convicted, he faces up to 20 years in a penal colony.
Will Ohio Kill The Death Penalty?
Recent efforts from the governor, the attorney general, and state legislators suggest the state is moving away from capital punishment.
Graphic Novels Bear Brunt of New Library Wars Over Access to Books
One of America's richest art forms suffers for seeming realer than other literature. But the war against "graphic imagery" is really a war against certain truths.
Supreme Court Weighs Whether Postal Service Can Force Christian Employee To Work on Sundays
Plus: Dominion defamation suit against Fox News starts today, Republicans' debt plan, and more...
Meet Jane Doe [UPDATED]
[UPDATE: It turns out that the Maryland intermediate appellate court reached the opposite result for the same plaintiff; post bumped up so readers can see the update, which is available in the second half of this post.].]
Court Rejects Defendant's Request to Seal 9-Year-Old Libel Case
"By maintaining access to these records, the Court promotes the public's interest 'in ascertaining what evidence and records the District Court ... relied upon in reaching [its] decision,' and the Court provides 'the public with a more complete understanding of the judicial system, including a better perception of its fairness.'"
No Constitutional Right To Honk Your Car Horn, Court Says
Plus: DeSantis does better than Trump in swing-state poll, majority say abortion pill should remain available, and more...
Feds See the Document Leak as an Opportunity for Surveillance and Control
Never underestimate officials’ ability to turn embarrassing moments into awful opportunities.
Cornell Vows Free Expression–Themed Academic Year
"It is critical to our mission as a university to think deeply about freedom of expression and the challenges that result from assaults on it," said Cornell President Martha E. Pollack.
Fox News Starts Its Dominion Defamation Trial With Several Strikes Against It
Pretrial rulings recognized the falsity of the election-fraud claims that the outlet aired and rejected three of its defenses.
Texas' Foster Care System Is Grossly Mismanaged
"These things are just so inexcusable," a judge said. "It's hard to understand."
Ian Vásquez: COVID Accelerated the Global Decline in Human Freedom
Overall human freedom peaked in 2007, according to the Cato Institute, and governments' COVID response merely exacerbated the trend toward a radically less-free planet.
U.S. Intelligence Leak Suspect Identified as 21-Year-Old Jack Teixeira
Plus: More secrecy from the Global Disinformation Index, the public awaits another big Supreme Court abortion decision, and more...
When Are Slurs and Vulgarities Defamation?
The Mississippi Court of Appeals splits 5-4 on the subject.
Video of My Federalist Society "Seat at the Sitting" Talk on Tyler v. Hennepin County
My presentation covers an important takings case currently before the Supreme Court.
The Good and Bad of the Fifth Circuit's Abortion Pill Ruling
The appeals court's unpublished order avoids some of the district court's errors, but still has some significant problems, especially with regard to standing.
The Unprecedented Judicial Move in the Texas Abortion Pill Decision
It’s not the FDA’s job to tell doctors what to do.
Patient Privacy at Risk in Senate Bill Aimed at Pharmacy Managers
Prosecutors could end up with a trove of patient-level data regarding highly personal drugs like Viagra, abortion pills, and more.
Leaker of Ukraine Intelligence Was Reportedly a Gun Enthusiast Trying To Impress His Discord Friends
Plus: New developments in the Texas abortion drug ruling, fallout from the Riley Gaines event at SFSU, and more...
Matt Zwolinski and John Tomasi: Who Owns Libertarianism?
The authors of The Individualists talk Rand, Friedman, Hayek, Rothbard, and the "struggle for the soul" of the libertarian movement.
New York City Brings Back Dystopian Robot Police Dogs
'Digidog is out of the pound," New York City Mayor Eric Adams declared, not ominously.
Lawsuit Claims Portland Police Shot Unarmed Homeless Man, Then Ate Pizza While His Body Lay on the Ground
Robert Delgado's family is now seeking damages.
Spat Among Tennessee Lawmakers Illustrates a National Urban-Rural Divide
Decentralizing power is better than trying to jam one vision down the throats of the unwilling.
The Media and Politicians Keep Trying To Censor Things That Turn Out To Be True
The COVID-19 lab leak theory was labeled "misinformation." Now it's the most plausible explanation.
