201. Crypto Wars 2.0
Debating Susan Landau over encryption and law enforcement
Criminal Justice
Court Discloses Speech-Restrictive Barley House Settlement Agreement
I'm delighted to report that the District Court agreed with our position.
Short Circuit: A roundup of recent federal court decisions
Hot cells, effluent injections, and illegal downloading.
Supermajority Required for Finding of Unconstitutionality
Interesting provisions in some state supreme courts -- but are they constitutional when applied to claims that statutes violate the federal Constitution?
America's Secret Death Penalty Drugs
Governments have gone to great effort to keep the sources and methods of their death penalty regimes secret.
The "Too Irrational to Be a Terrorist" Defense Goes Nowhere
ISIS supporter Joshua Van Haften "also believes, for example, that Britain's Prince William is the Antichrist, that people can use numerology to predict the future, and that most Western political leaders are closet Satanists."
Felons Who Want Their Voting Rights Back Are Getting Unconstitutionally Screwed, Says Judge
The state uses a panel of partisan officials with absolute discretion to determine who gets to vote again
Super Bowl Sex Trafficking Myth Gives Good Cover for Federal Security Theater
Minneapolis is being transformed into a police state.
Donald Jr.'s Trump Tower Meeting Was Not a Crime, and Neither Was Lying About It
Special Counsel Robert Mueller is investigating the president's role in writing an ass-covering statement that was misleading but not illegal.
Three Years Ago, D.C. Passed Strong Transparency Laws For Asset Forfeiture. Nothing Happened.
"Without this information, we're all left in the dark."
Ban on Carrying Guns Within 1,000 Feet of Park Struck Down
...by the Illinois Supreme Court in a decision this morning.
Restrictionists Are Misleading You About Immigrant Crime Rates
Restrictionists are inflaming public opinion to justify a harsh crackdown
Neil Gorsuch and Samuel Alito Butt Heads Over the Fourth Amendment, Again
Gorsuch advances another property rights theory of the Fourth Amendment that Alito rejects.
En Banc D.C. Circuit Upholds Constitutionality of CFPB
A divided D.C. Circuit holds Congress may insulate the Consumer Financial Protection Bureau from Presidential Control. Will the Supreme Court agree?
Starting Today, San Francisco Is Erasing Everybody's Misdemeanor Pot Convictions
Retroactivity is a powerful tool we don't use often enough.
The Dubious Legal Claim Behind #ReleaseTheMemo
Did DOJ actually need to disclose who funded the Steele dossier? Very likely not.
The Ongoing Cato Unbound Debate over "The Captured Economy"
Several commentators (myself included) continue the debate over Brink Lindsey and Steven Teles' important new book.
Trump Says In SOTU That Administration Will Pursue Prison Reforms
"We will embark on reforming our prisons to help former inmates who have served their time get a second chance."
No, Libertarians Have Not Thrown in With Trump
Jonathan Chait's accusations to the contrary ignore a great deal of the actual libertarian reaction to the president's policies. But some libertarians are indeed too soft on both Trump and right-wing nationalism generally.
Ohio Deputy Shoots and Kills Unarmed 16-Year-Old Outside Courtroom
Spurs calls for officers to stop carrying guns in court
Short Circuit: A roundup of recent federal court decisions
Bathtime photos, forfeiture shenanigans, and a wine caper.
In Supporting the Gymnastics Victims, Judge Aquilina Got It Right
That the judge supported the gymnastic victims in being heard should be a cause for celebration, not concern--and ample caselaw makes clear that it was entirely within the boundaries of proper judicial behavior.
ALEC Urges State to Reform Drug-Free School Zone Laws
"Most Drug-Free Zone laws were established decades ago but have not been reformed despite evidence they're arbitrary and often unnecessarily broad."
Here Are 5 Criminal Justice Reform Measures That Americans Say They Support
A new poll says voters want change. They can get it if they truly want it.
ACLU Sues Pennsylvania For Putting Death Row Inmates in Permanent Solitary Confinement
"This is a profoundly damaging practice. It destroys people."
Baltimore Cops on Trial for a Criminal Conspiracy That Looks a Lot Like Everyday Policing
Armed robbery, extortion...and keeping the money for themselves.
Texas Cops Charge 'Child Sex Trafficking Victim' With Felony
They also arrested her younger friend for prostitution.
Larry Nassar Sexually Abused More Than 100 Girls. That Doesn't Mean He Should Be Raped in Prison.
"Our Constitution does not allow for cruel and unusual punishment," said Aquilina. She should have stopped there.
Fairfax Police Chief Releases Video of Fatal U.S. Park Police Shooting
The FBI has not released the names of the cops or any other information since opening an investigation.
The Internet Makes Life Better and Safer for Sex Workers. Obviously.
A large new study out of the U.K. proves it.
Man Incarcerated for 6 Years Without a Trial Because He Demanded a Speedy Trial
What the 2nd Circuit's opinion in U.S. v. Tigano reveals about the state of our criminal justice system
9th Circuit Revives Suit by Couple Whose Children Were Seized Over Bathtime Photos
A social worker took three little girls from their home without a court order because she thought the pictures were "sexually explicit."
Washingtonians to Vote on Making It Easier to Convict Cops for Using Deadly Force
The measure would also require officers to render first aid directly after shootings and undergo new training.
A Year After Reforms, Virginia Still Suspends Nearly 1 Million Driver's Licenses For Court Debts
That's one out of every six licensed drivers in the state.
Militarized Police Events Are Now Routine
And illustrate the pressing need for civilian oversight.
My Upcoming Speaking Engagements
My upcoming public speaking engagements for the next few months. Covering topics like political ignorance, federalism, immigration, and others.
Alabama Raked in $2.2 Million in Civil Asset Forfeiture in 2015
A new bill introduced by state lawmakers would require a criminal conviction for the government to keep someone's property.
Police Wrongdoing Cost New Jersey Taxpayers $42 Million in the Last 10 Years
In scores of secret settlements, local governments have sought to hide cops' crimes and brutality.
The Feds Are Just 'Safeguarding' Money Seized Through Asset Forfeiture and Civil Fines
U.S. prosecutors in Northern Georgia alone helped collect millions in asset forfeiture actions, civil and criminal fines last year.
We Have Opinions (from SCOTUS)
The Supreme Court issues three opinions, for a grand total of four so far this term.
