A Ruling Against a Man Arrested for a COVID-19 Joke Highlights the Influence of a Pernicious Analogy
A federal judge compared Waylon Bailey’s Facebook jest to "falsely shouting fire in a theatre."
Criminal Justice
Alabama Set To Try New, Untested Execution Method
The state has filed a motion to set an execution date for Kenneth Eugene Smith, who survived a previous execution attempt.
GOP Debate Stuff We Didn't Hate
Plus: A listener question about the continued absurdity of sports stadium subsidies
Bipartisan Boom in Trump Mug Shot Merchandise Demonstrates the Healing Power of Commerce
Haters and lovers of the former president can both express their diametrically opposed views with a Trump mug-shot mug.
'No Reasonable Officer' Would Have Arrested a Guy for a COVID-19 Joke, the 5th Circuit Says
The appeals court ruled that a Facebook post alluding to World War Z was clearly protected by the First Amendment.
It Isn't 'Divisive Rhetoric' That Kills People
Plus: kids and screen time, banks and the FBI, and more...
Penis Squeezing Not Protected by Qualified Immunity
Plus: FIRE fights college's vague "greater good" policy, Biden administration pushes double talk on tariffs, and more...
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.
Politicians Continue To Make a Mockery of 'Emergency Spending'
Legislators abuse the emergency label to push through spending that would otherwise violate budget constraints.
Should the Philadelphia D.A.'s Office Have Been Sanctioned for Failing to Protect Crime Victims' Rights?
My amicus brief to the Third Circuit argues that the district court appropriately sanctioned the Philadelphia D.A.'s Office for making misleading representations about whether they had conferred with a crime victims' family.
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.
Let's Sue Bad Cops: Puzzle #3
"Doctrine that lets government officials get away with way too much"
Could Louisiana's Governor Empty the State's Death Row?
Gov. John Bel Edwards has directed the state to review 56 death-row clemency applications after he made comments opposing capital punishment in April.
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.
Denver Cop Kills Man Holding a Marker
Plus: The Atlantic says anti-racists are overcorrecting, NYC targets landlords of unlicensed cannabis growers, and more...
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.
Trump's Georgia Indictment Raises Familiar Questions of Knowledge and Intent
The defendants will claim their alleged "racketeering activity" was a sincere effort to rectify election fraud.
'This Is Not an Emergency'
How Florida prison officials let a man's prostate cancer progress until he was paralyzed and terminally ill.
Trump and 18 Others Charged With Election-Related Crimes in Georgia
Plus: The beauty of microschools, the futility of link taxes, and more...
Why Stripping Fox's Broadcast License Is a Terrible Idea
Plus: A listener inquires about the potential positive effects of ranked-choice voting reforms.
Cops Invented a Reason To Cite Man Who Flipped Them Off
Body camera footage shows that Delaware police cited Jonathan Guessford for flipping them off, even though they later agreed it was his right to do so
Owner of Kansas Newspaper Dies Amid 'Shock and Grief' After Police Raid
Plus: New Zealand libertarianism, Barbie economics, and more...
Hunter Biden and Donald Trump Should Both Have Jury Trials
End the government’s plea-bargaining racket with open and adversarial jury trials.
Idaho Keeps Scheduling This Inmate's Execution Even Though It Lacks the Means To Kill Him
A federal judge ruled in favor of an Idaho death-row inmate who says that the state is "psychologically torturing" him.
5th Circuit Says Prosecuting a Cannabis Consumer for Possessing Guns Violated the Second Amendment
The decision casts further doubt on the constitutionality of a federal law that makes it a felony for illegal drug users to own firearms.
A Louisiana Man Was Jailed for Criticizing Police. A Federal Court Wasn't Having It.
The decision supports the notion that victims are entitled to recourse when the state retaliates against people for their words. But that recourse is still not guaranteed.
Police Reform and Police Recruitment Don't Have To Be at Odds
Better policing could solve the police-recruiting crisis.
Twitter Fined for Failing To Quickly Turn Over Trump Data to Jack Smith
Plus: A warning about trigger warnings, Biden blocks uranium mining near Grand Canyon, and more...
Is Tou Thao More Culpable Than the Other Cops Who Helped Derek Chauvin Kill George Floyd?
The former Minneapolis officer's 57-month sentence is based largely on the premise that he was "in the best position" to save Floyd.
Appeals Court Rules Woman Who Had $8,000 Seized Through Asset Forfeiture Will Get Her Day in Court
Cristal Starling lost $8,000 after she missed one of several filing deadlines to contest the seizure of her money by police. A federal appeals court says she and others like her should be given more leeway.
Indiana Law Lets Cops Push Bystanders Back 25 Feet. A New Lawsuit Says It's Unconstitutional.
The law makes it harder to record and observe police activity.
Here Is Why Trump's Lawyers Say His Post-Election Conduct Was Constitutionally Protected
When he alleged fraud and sought help from government officials, they say, Trump was exercising rights guaranteed by the First Amendment.
Have We Lost Track of the Trump Indictments Yet?
Plus: Why don't journalists support free speech anymore?
Southwest Airlines Falsely Accuses Mom of Trafficking Biracial Daughter
Plus: Backpage trial pushed back, Bidenomics doens't resonate, and more...
Connecticut Mom Jailed, Charged With Manslaughter After 2-Year-Old Dies From Window Fall
"You don't have to punish me because I am already punishing myself," says Tabitha Frank.
Alabama Woman Jailed for 2 Months for Using CBD Oil While Pregnant
Etowah County, Alabama, has charged hundreds of pregnant women and new mothers with "chemical endangerment" over minor drug offenses.
Trump's Prosecution Could Be Stymied by the Blurry Line Between Deceit and Self-Delusion
His state of mind when he tried to overturn the outcome of the 2020 election remains a mystery, perhaps even to him.
Review: Did the Waco Siege Inspire More Violence? Showtime Series Explores the Question
The assault on Mount Carmel was meant to bolster the ATF's reputation. It failed.
Did Drug Decriminalization Cause a 'Catastrophe' in Oregon?
Many of the problems the state is experiencing are caused by the continuing impact of prohibition.
