Biden Signs Respect for Marriage Act Into Law
Federal recognition of same-sex marriage is now officially on the books and no longer dependent on the Supreme Court.
Civil Liberties
"Plain Text"
When the Second Amendment's plain text covers conduct, it is presumptively protected.
Senate Investigation Finds Federal Prisons Fail to Prevent or Investigate Rapes
Long delays and management failures "allowed serious, repeated sexual abuse in at least four facilities to go undetected."
Merchants of Death, Swaps, and Shake-ups
Plus: The editors briefly celebrate a noteworthy shake-up in the Senate.
California City Pays $300,000 to Marine Veteran Tackled for Filming a Cop From His Porch
The city of Vallejo, California, has paid millions in recent years to settle excessive force lawsuits against its heavy-handed police force.
This Teen Was Acquitted of Killing His Accomplice. He Was Punished for It Anyway.
Seventeen retired federal judges, appointed by both Republicans and Democrats, filed a brief supporting his appeal.
No Gag Order Against Extrajudicial Commentary in AR-15-Related Intellectual Property Case
"Armory correctly notes the InRange Video and Recoil Article are accessible "to millions of people," as is anything posted publicly on the internet. Nonetheless, Armory fails to show the InRange Video or Recoil Article reached members of the potential jury pool, let alone irreparably tainted them."
Twitter Files: FBI, DHS Reported Tweets for Election Misinformation
Content moderators had "weekly confabs" with law enforcement officials, reports Matt Taibbi.
"Free Speech, Same-Sex Marriage, and Anti-Discrimination Laws"
A podcast conversation on 303 Creative between Joshua Matz and me, hosted by Jeffrey Rosen.
Doctors Discovered a Baby's Minor Injury. Then Massachusetts DCF Seized Him in the Middle of the Night.
State actors are increasingly willing to seize children even with little evidence of child abuse.
Adam Schiff Attempts Censorship by Proxy, 'Demanding Action' To Suppress 'Hate Speech' on Twitter
Instead of debating whether the platform has been flooded by bigotry, Elon Musk should tell the congressman to mind his own business.
Pseudonymity for Would-Be Lawyer Seeking Extra Time on Bar Exam for "Mental Health" Reasons
Among other things, the court concludes that, "given that Plaintiff alleges that his 'personal background as an Arab-American and Muslim' was in part responsible for his lack of a traditional diagnosis of ADHD, his personal background may make him particularly vulnerable to the harms of disclosure."
Bari Weiss Twitter Files Reveal Systematic 'Blacklisting' of Disfavored Content
Twitter employees have indicated that shadow banning—at least by some definitions—is both real and common.
No Pseudonymity for Plaintiff in Action Claiming Florida Discriminates Based on Race in Funding Universities
Plaintiff "has alleged nothing suggesting he has any greater basis to fear retaliation than the plaintiffs in most discrimination cases."
A Federal Judge Suggests That Oregon's 10-Round Magazine Limit Does Not Implicate the Second Amendment
The new ban, which has been blocked by a state judge, so far has fared better in federal court.
CPS: Mom Can't Let Her 3 Kids—Ages 6, 8, and 9—Play Outside by Themselves
Pearisburg, Virginia, social services says kids must be watched—at all times—until they turn 13.
China Eases 'Zero-COVID' Policies After Nearly 3 Years of Harsh Lockdowns
The long-term economic and social impacts of zero-COVID can't be reversed as easily.
Apple Announces Stronger Data Encryption, to the Dismay of FBI Snoops
Photos and information you store on iCloud will be safer from hackers, spies, and the government.
School District Must Release E-Mail List of Parents to Whom It Sent Various Ideological Advocacy Messages
"[T]he District wants to be able to use government resources to collect and utilize these e-mail addresses to promote and advance the particular 'community outreach' issues and positions of District (government) leaders while denying others in the community the opportunity to utilize the e-mail addresses to share differing viewpoints."
Republicans Will Have To Rely on New Deal–Era Court Precedents If They Want a Federal Abortion Ban
The Supreme Court said in 1942 that local activity, not just interstate activity, was subject to congressional regulation.
We Should All Be Nervous About Killer Police Robots
The San Francisco Police Department assured the public it had "no plans to arm robots with guns." But assurances aren't guarantees.
Journal of Free Speech Law: "Hate Speech, Holy Prophets, and Human Rights: The Struggle for Free Speech from 1945–2021,"
by Jacob Mchangama (Justitia), Heini Skorini (Univ. of Faroe Islands) & Mathias Meier (Justitia).
Colorado's Anti-Discrimination Law Forces Artists To Echo the State's Message
A website designer asks SCOTUS to let her eschew work that contradicts her opposition to gay marriage.
Computer Code Can Be Regulated Because of What It Does, Even If Not Because of What It Says
The D.C. Circuit rejects a First Amendment challenge to the Digital Millennium Copyright Act's anticircumvention and antitrafficking provisions.
Ninth Circuit Orders Press Pass for The Gateway Pundit, Pending Appeal
The press pass is for election-related events connected to Maricopa County's ongoing ballot counting; the panel concluded that The Gateway Pundit was likely to succeed on its claim that the denial was unconstitutionally based on its viewpoints.
A 10-Year-Old Boy Shot and Killed His Mother. Wisconsin Is Charging Him As an Adult.
There is little utility to charging 10-year-olds as adults, yet Wisconsin still mandates the practice in certain cases.
California Law Strips Licenses from 'Misinformation'-Spreading Doctors
"You have this looming power over you that essentially can end your career," says Stanford's Jay Bhattacharya.
Cronyist Journalism Measure Could Prompt Facebook To Ban News
Plus: ACLU sides against religious freedom, abortions after Dobbs, and more...
