Second Amendment Roundup: Looking for Historical Tradition in All the Wrong Places
The Government drops reference to the slave codes as a historical analogue in Rahimi.
Civil Liberties
Stop Publishing Mug Shots—Even Donald Trump's
Mug shots are not taken to humiliate a defendant before they've been convicted. But that's the purpose they widely serve now.
California Public Records Requester Can File Anti-SLAPP Motion Objecting to Attempt to Block Request
The motion allows early dismissal of a lawsuit, here the lawsuit that aimed to block UC Irvine from responding to a public records request from the Center for Scientific Integrity (the Retraction Watch people).
Federal Judge: "Public Interest" Requires That Restrictions on "Medical Misinformation" Not Be Enjoined
So a court concludes in a case brought by presidential candidate Robert F. Kennedy, Jr.
Candidates Spar Over National Abortion Ban in First Republican Debate
Plus: Invade Mexico?!, "Trump added $8 trillion to our debt," and more...
Why We Should Care About Pseudonymity in Litigation
Like other features of legal procedure—such as the jury trial, the mechanism for appointing judges, the availability of appeal—pseudonymity both deeply affects the fairness of litigation and, often, the substantive outcomes.
30 Years Later, Politically Incorrect PCU Has a Lot To Say About College
“The whole woke movement, it’s obviously an echo of those times.”
Both Biden and Trump Are Bad Candidates
The next presidential election may be between the two men. Can't we do better?
Lawsuit Over Alec Baldwin's Publicly Labeling Woman "Insurrectionist" for Her Jan. 6 Activities Dismissed by Court
Plaintiffs sued for defamation, and also for negligence and intentional infliction of emotional distress stemming from the comments aroused by Baldwin's posts.
Public School May Hang "Black Lives Matter" Posters Without Displaying Other Viewpoints
The government gets to pick and choose which speech it displays on its property, and doesn't have to give others a right to reply (except in public fora, which don't include school walls).
U.S. Emulates Communist China in New TikTok Draft Agreement
Plus: Americans vote too much, Indiana abortion ban to take effect, and more...
Court Reduces $1.4M Verdict to $71.5K in #TheyLied Renaissance Faire Libel Case
Defendant had accused plaintiffs, "the King and Queen of [the Pittsburgh] Renaissance Faire," of failing to properly deal with allegations of sexual harassment, and of retaliating against sexual harassment victims; the jury found that the defendant knew the statements were false, or at least recklessly disregarded the risk of falsehood.
Court Rules in Favor of Pro-Life Protesters Arrested for Chalk Messages
While chalking on D.C. sidewalks and streets is illegal, the protesters say they were targeted for their beliefs.
Government Blocking of "Tornado Cash" Cryptocurrency-Related Service Was Legal, Didn't Violate First Amendment
So a federal court held Thursday.
First Amendment Protects Sign at University Saying "God Created Male and Female and Artemis Langford Is a Male"
Langford had been in the news for joining a sorority, which has caused a good deal of controversy at the University of Wyoming.
Jay Bhattacharya & John Vecchione: Biden's Social Media Meddling Was Illegal
Plaintiffs in Missouri v. Biden allege that federal pressure to remove and suppress COVID-19 material on Facebook and Twitter violates the First Amendment.
No Sealing of Plaintiff's Expunged Court Records That Are Central to Plaintiff's Libel Claim
"[T]he fate of Plaintiff's claims hinges to some extent on the truth or falsity of Defendant's statements regarding Plaintiff's conviction of a crime. Whether Defendant's statements are false—a determination that relies at least in part on Plaintiff's criminal records—is directly relevant to the public."
Appeals Court Rules in Much-Anticipated Abortion Pills Case
Plus: Court urged to stop Arkansas' social media age verification law from taking effect in September, legalizing medical marijuana linked to lower insurance premiums, and more...
The Lab Leak Theory Still Counts as Misinformation in a New Study of COVID-19 Claims
A new study of COVID-19 narratives makes the very mistake it purports to correct.
Without a Diversion Agreement, Hunter Biden Could Go to Prison Under an Arbitrary Gun Law His Dad Supports
Special Counsel David Weiss will face a Second Amendment challenge if he prosecutes the president's son for illegally buying a firearm.
First Circuit Allows Police Officer Pseudonymity in Federal Lawsuit Over "Exculpatory Evidence List" Placement
I had asserted the contrary, arguing that the state allowance of pseudonymity in trying to get removal from the list didn't justify pseudonymity in a federal court lawsuit seeking damages for such placement; but the court disagreed.
Fani Willis Is Abusing Georgia's Terrible RICO Law
Trump and his acolytes' conduct was indefensible, but the state's RICO law is overly broad and makes it too easy for prosecutors to bring charges.
Was Biden's Social Media Meddling Illegal?
Join Reason on YouTube and Facebook on Thursday at 1:30 p.m. Eastern for a live discussion with Jay Bhattacharya and John Vecchione about their legal case against the Biden administration.
Illinois Court Rejects Claim for Group Libel of Poles Living During World War II Era
People may be able to successfully sue based on allegedly false and defamatory statements about themselves, or about very small groups of people that include themselves—but not based on statements about whole countries or ethnic groups.
Arizona's Public Universities Drop Controversial DEI Statements for Job Applicants
It may be part of a larger reassessment of subjecting all areas of life to ideological tests.
The Arbitrary Ban on Gun Possession by Drug Users Invites Wildly Uneven Enforcement
Violators are rarely caught, while the unlucky few who face prosecution can go to prison for years.
Plaintiff Professor's Losing Libel Lawsuit May Lead to His Former Lawyers Foreclosing on His Home
(Part of the fees also stemmed from defending against Ohio State's investigating his alleged research misconduct.)
By Trying To 'Move On,' DeSantis Admits His Fight With Disney Was a Political Stunt All Along
It was never a principled fight against special privileges granted to a private company.
Journal of Free Speech Law: "Freedom of Speech and AI Output," by Profs. Mark Lemley and Peter Henderson and Me
Just published, closing out our symposium on Artificial Intelligence and Speech.
