Criminal Justice
A State Assault Case Against an ICE Agent Could Illustrate the Limits of Supremacy Clause Immunity
That defense applies only when an officer "reasonably" believed he was acting within his federal authority.
Pennsylvania Family Says the DEA Battered Down Their Door While Raiding the Wrong Home
The family is suing the federal agency and their local police department for violating their Fourth Amendment rights.
Filming Cops Is a First Amendment Right. The Feds Keep Harassing People for It Anyway.
Most federal appeals courts have recognized the right to record police. DHS employees nevertheless seem to view it as a crime.
Should a Murder Victim Have Rights in the Criminal Justice Process?
The conventional view in American criminal justice is that the victim's representative should be able to assert rights on behalf of the deceased victim in a homicide case--a view that Professor Peter Reilly and I defend in a new law review article.
Jared Polis' Controversial Commutation of Tina Peters' Prison Sentence Upholds Freedom of Speech
Colorado's governor agreed with a state appeals court that the former Mesa County clerk had been punished for her wacky beliefs about the 2020 election as well as her illegal conduct.
Samurai vs. Squatters: On the Street With the Hired Swords Reclaiming California Property Owners' Stolen Homes
California has failed to protect private property from squatters. Desperate owners are turning to katana-wielding enforcers to reclaim their homes.
An Alabama Mom Delivered a Preterm Baby in a Jail Cell. She Says Staff Refused To Help.
The mother is suing after she delivered her preterm baby on the jail's floor following 24 hours of labor with no medical assistance.
Cops Get Qualified Immunity After Michigan Man Spends 13 Hours in Vomit and Dies in Jail
A court granted qualified immunity to all 11 deputies accused of violating John Griswold’s 14th Amendment rights.
Reason Receives 17 Nominations for Southern California Journalism Awards
Nominees include stories on America's gerontocracy, the war on chocolate, how Texas beat California on housing, and more.
How the ACLU Started Defending the Second Amendment
The civil liberties group, which long maintained that there is no constitutional right to arms, sang a different tune at the Supreme Court this year.
Don't Blame ChatGPT for the Florida State Shooting
A new lawsuit claims that ChatGPT gave the shooter information about busy times on campus and how to use guns.
He's a U.S. Citizen and Combat Veteran. ICE Tear-Gassed, Jailed, and Falsely Accused Him.
"I didn't do anything wrong," George Retes, a U.S. citizen imprisoned for three days, tells Reason.
Secret ICE Memo Tells Local Police Not To Disclose Immigration Enforcement Info Without ICE's Permission
The agency's transparency policies may undermine federal and state laws designed to ensure the free flow of information necessary to hold government actors accountable.
Whatever Evidence the DOJ Has Against James Comey, It Cannot Transform '86 47' Into a Death Threat
Acting Attorney General Todd Blanche implausibly claims prosecutors can prove Comey "knowingly and willfully" threatened to murder the president.
Trump's Responses to Kimmel and Comey Highlight His Contempt for Freedom of Speech
The president is not shy about using government power to punish people for saying things that offend him.
Why the Courts Will 86 the Flagrantly Unconstitutional Charges Against James Comey
The case defies more than half a century of rulings on the “true threat” exception to the First Amendment.
The James Comey Indictment Looks Like Vindictive Prosecution
Such claims are hard for most defendants to prove. But most defendants haven't drawn the public ire of the president.
Zyn Pouches Are Safer Than Cigarettes. Why Are Some Politicians Targeting Them?
Making less harmful products harder to get pushes people toward more dangerous ones.
A SCOTUS Case Exposes the Dangers of 2 Misguided Fourth Amendment Doctrines
"Geofence" searches illustrate the perilous combination of modern technology and deference to law enforcement.
The Evidence Revolution: Why 'Take Nobody's Word for It' Really Matters
Beyond Belief explains how the "evidence revolution" is helping practitioners, policymakers, and the public understand what really works.
Why the Federal Government Can't Charge Anyone With 'Domestic Terrorism'
Federal law defines the term but there is no federal statute to charge someone with "domestic terrorism."
By Dropping Her Criminal Probe of Jerome Powell, Jeanine Pirro Confirms Its Political Motivation
Even Republican critics of the Federal Reserve chairman's performance rejected the notion that he had broken the law by lying about the renovation of the central bank's headquarters.
The Correspondents' Dinner Shooting Is No Excuse for More Security Theater
Calls for more aggressive security measures evoke the post-9/11 security theater that brought us the TSA.
Advocates for Asian Massage Workers Decry 'Sexist, Racist' Raids in Seattle
Bothell police set out in search of sex trafficking and ended up shutting down five businesses for code violations.
Shooter Reportedly Targets Trump Officials at White House Correspondents' Dinner
Gunman subdued at security checkpoint.
The FBI's Alleged Probe of a Reporter for 'Stalking' Breaks New Ground in Criminalizing Journalism
The bureau reportedly investigated the author of a New York Times story that made FBI Director Kash Patel look bad.
California Law Generally Requiring Federal Law Enforcement Officers to Display ID Violates Supremacy Clause
So the Ninth Circuit held yesterday.
Houston Irks Texas Gov. Greg Abbott by Reminding Cops To Comply With the Fourth Amendment
The governor is threatening to defund the police because of an ordinance noting that an ICE administrative warrant "does not justify a stop, arrest, or continued detention" by city officers.
DOJ Indicts Southern Poverty Law Center for Secretly Funding Extremists
"The SPLC is manufacturing racism to justify its existence," said acting Attorney General Todd Blanche.
Prison Doesn't Work the Way You Think
Economist Jennifer Doleac discusses why long sentences don’t reduce crime, how first-time defendants benefit from leniency, and why clearance rates are key to crime reduction.
ICE Is on a $45 Billion Building Spree. Can Small Towns Support These New Migrant Warehouses?
The government is selling the policy with the same arguments you’d expect for subsidized factories or sports stadiums.
3 Disasters That Legal Weed Didn't Unleash—Despite the Forecasts
From higher crime to teenage stoners, here are things that the weed debate got wrong.
Afroman on Becoming the 2028 Libertarian Presidential Nominee
Afroman discusses his free speech court victory, why he thinks he could unite America, and whether he feels pressure to always be high.
Alabama Supreme Court to Cops: It's OK To Force a Pastor Watering Flowers To Show His ID
The court ruled that police can demand a physical ID under the state's stop-and-identify law.
San Jose's 'Creepy' and 'Deeply Intrusive' ALPR Camera System Is Unconstitutional, a New Lawsuit Says
The city has created a network of nearly 500 cameras that routinely monitor innocent people as they go about their daily lives.
62-Year-Old Protester Acquitted on All Charges for Wearing Penis Costume
The judge felt there was probable cause for an arrest but he declined to go so far as to convict.
Federal Judge Delivers Due Process Win Against DOJ Registry Overreach
The Justice Department is permanently blocked from prosecuting Californians who fail to register when the state no longer requires it.
'Blue Power' and the Rise of Police Union Politics
Stuart Schrader's new book details how police unions became a dominant force in U.S. politics.