Whether the First Amendment applies generally turns on who is imposing a restriction (the government vs. a private party), not on whether the speech is on public or private property.
Officers will now have to argue that killing was necessary and not just say they had a fear they were in danger.
Episode 271 of the Cyberlaw Podcast with Glenn Reynolds
A quick round up and response to Josh Blackman and Randy Barnett
Increased immigration enforcement at times sweeps in Americans
Severability doctrine & the ACA findings seem to support Judge O'Connor's ruling
Licking an ice cream tub in a supermarket and putting it back -- is that second-degree felony "tampering with consumer product" in Texas?
Cell phone radiation, bikini baristas, and an onslaught of horribles.
HBO documentary explores teen’s culpability in boyfriend’s suicide.
The state AG's current challenge to Obamacare is stronger than they say
It officially adopted the political theory of the United States: securing the individual rights of We the People
The Supreme Court deals with the unconscious driver.
Surrender the Fifth Amendment or the dog dies.
The Supreme Court has used this doctrine for many years, including in the recent gerrymandering decision. But it still doesn't actually make any sense.
Citations to nowhere, satanic cardigans, and untested rape kits.
A strange ambiguity about yesterday's decision in Rucho v. Common Cause
The Supreme Court was right to rule that the administration's rationale for adding a question about citizenship to the Census was bogus. But it would have done better to rule that inclusion of the question was beyond the scope of the federal government's enumerated powers.
Chief Justice Roberts' irked both Left and Right with his Census decision - encapsulating what we saw the entire SCOTUS term.
Why the existing system violates due process.
An interesting set of line-ups in today's Supreme Court opinions
The Roberts Court still overturns prior precedent at a lower rate than its post-War predecessors.
Spy networks, cyberattacks, and the price we pay for civilization.
A meticulous re-enactment of the misbegotten prosecution of the Central Park Five gets a lot right.
The high court ruled that prosecutor Doug Evans violated Flowers' constitutional rights when Evans sought to keep African-Americans off of the jury.
A day of relatively small opinions from SCOTUS suggests big doctrinal developments may be on the horizon
People charged—but not convicted—of crimes often have to wait weeks to see a judge if they’re too poor to pay for their freedom.
Mike Chase, the man behind the popular @CrimeADay Twitter feed, on his new book, How to Become a Federal Criminal
State lawmakers reached across the aisle for a bipartisan push against capital punishment.
If only you could use parentheses in English the way you can in math or computer programming.
Words of wisdom from the Utah Supreme Court.
Litigation financing, campaign financing, and salmagundi.
The court upheld a $1000 fine imposed by state law on Presidential electors who refused to vote as the voters instructed.
While well-intentioned, the alert system is often ineffective.
I discuss with Nadine Strossen and Jacob Mchangama what the Internet has come to
The restriction was unconstitutionally content-based, the Eighth Circuit held, because it has an exception for flags "containing distinctive colors, patterns or symbols used as a symbol of a government or institution."
A debate over recognizing a pro-Israel student group reveals ignorance and antisemitism among Williams' students
