Civil Liberties
America's Losing Its Free Speech Consensus
Americans shouldn't have to fight to the death to defend their foes' right to speak, but they should at least stop trying to censor, shame, shun and destroy each other.
In the Israeli Battle Over Judicial Review, Democracy Is the Problem, Not the Solution
Opponents of the reforms favored by Prime Minister Benjamin Netanyahu's coalition should acknowledge the threat posed by unconstrained majority rule.
Police Found a Blunt in Their Car. So They Seized Their Kids.
"Then my baby started crying so I reached for my son, and as I'm reaching, a man held me and told me, 'Don't touch him. He's getting taken away from you,'" said the children's mother.
James Madison's Decentralized Republic
The Constitution was intended to preserve state sovereignty, not create an all-powerful central government.
The Supreme Court Tackles the First Amendment Right To Encourage Illegal Immigration
Understanding what’s at stake in United States v. Hansen
How Should Law Schools Handle Protests at Student Events?
It may be too late for Stanford Law School, but it's not too late for other institutions of higher learning.
Texas Bill Would Create Unit of Unaccountable Border Cops
All officers and employees of the unit would “have immunity from criminal and civil liability” for performing the activities authorized by H.B. 20.
A Florida Bill To Censor Professors Just Got Even Worse
The bill now bans a battery of poorly-defined "Critical Theory" concepts, and prevents schools from funding programs that promote "diversity, equity, and inclusion."
Blame America's Air Traffic Control System for Your Flight Delay
In countries that privatized, there are fewer delays and costs are lower. But labor unions and the private plane lobby stand in the way.
House Republicans Pass Bill To Prevent Federal Meddling in Online Speech
The bill is overbroad and could have unintended consequences.
Bill Bratton: Fighting Crime Without Shredding Civil Liberties
The former head of the NYPD and the LAPD talks about how bad leadership creates police brutality and why he's still against pot legalization.
Women Who Get Abortions Could Be Charged With Homicide Under South Carolina Bill
Plus: ACLU sues over low-flying helicopter during protests, Canada's Online News Act, and more...
Louisville Police Abuses Show Civil Liberties Are Meaningless Without Accountability
Supervisors and judges tolerated outrageous constitutional violations, including illegal searches and brutal assaults.
Biden's Plan To Unilaterally Expand Background Checks for Gun Buyers Is Legally and Logically Dubious
The president wants to redefine federally licensed gun dealers in service of an ineffective anti-crime strategy.
My Forthcoming Article on "The Case for Expanding the Anticanon of Constitutional Law"
It argues for increasing the number of cases in the Supreme Court's "Hall of Shame" and proposes three worthy additions.
Texas Man Files Wrongful Death Lawsuit Against Friends Who Helped His Ex-Wife Obtain an Abortion
"I know either way he will use it against me.... And after the fact, I know he will try to act like he has some right to the decision," said the woman in text messages to her friends named as defendants in the suit.
Beauty Pageants Have First Amendment Right to Limit Contestants to "Natural Born Females": No Rehearing En Banc
The Ninth Circuit has just decided not to rehear this case, so the panel opinion remains the law.
Yes, There Are Libertarians During Bank Runs
Plus: The editors recommend the best books for sparking interest in free market principles.
Flaco, New York City's Escaped Owl, Is a Flying Free-Range Metaphor
In just two weeks, he has learned to hunt and survive. There's a lesson there.
The DOJ Says Marijuana Use, Which Biden Thinks Should Not Be a Crime, Nullifies the Second Amendment
Even as the president bemoans the injustice of pot prohibition, his administration insists that cannabis consumers have no right to arms.
North Carolina Using Eminent Domain To Seize Homes and a Church for Electric Car Factory
Under the Kelo v. New London Supreme Court decision, a state can take private land to give to a private developer for almost any reason it wants.
Five Women Sue Texas Over the State's Narrow Abortion Exception
The law allows abortions when there is a "medical emergency"—but what qualifies as an emergency?
N.Y. AG Appeals, to Defend Law Mandating Posting of "Hateful Conduct" Policies by Social Media Platforms (Including Us)
Volokh v. James going to the Second Circuit.
Credit Cards 'Pause' Efforts To Track Gun Purchases After Pushback
It’s a win for self-defense rights in ongoing campaigns to conscript businesses for political causes.
The Drug Exception to the Second Amendment
Conservatives have been slow to recognize the threat that drug prohibition poses to gun rights and other civil liberties.
A Police Officer Shot and Killed a 17-Year-Old Boy as He Fled. Now, His Mother Is Suing.
"I hurt every day," said the victim's mother. "I cry all day, every day."
Journal of Free Speech Law: "Different Strokes for Different Folks: Academic Freedom, Civility,
and Educational Diversity Among Private Colleges and Universities," by Prof. James Weinstein (Arizona State).
Democrats Deride the Twitter Files Reporters as 'So-Called Journalists'
Members of Congress showed their true colors at a Thursday hearing.
Carroll v. Trump Libel Suit: Trump's Access Hollywood Tape Admissible, as Is
other women's testimony about Trump's alleged past sexual assaults.
Mask On, Mask Off: New York Trying Everything Except Not Telling People What To Do
Mayor Eric Adams frets that COVID-19 masks are making it too easy for shoplifters to evade facial recognition.
Let Massholes Be Massholes, Says Bay State's High Court
Criticism of public officials doesn't have to be polite, the Massachusetts Supreme Judicial Court confirmed.
Federal Court Issues Flawed Decision Striking Down Missouri Gun Sanctuary Law
The ruling has significant shortcomings and may be overruled on appeal. The Biden Administration's position in this litigation is wrong for much the same reasons as the Trump Administration was wrong to target immigration sanctuaries.
Cops Harass Parents Who Let 6-Year-Old Daughter Take a Walk Outside, Arrest Dad
He did "what any dad would—he went to hug his crying kid," says former town councilman Keith Kaplan.
These New Laws Stop Cops From Lying to Kids
Yes, even children should have access to an attorney.
