Michael Ramsey's "The Originalist Case Against the Insular Cases"
An important new article explains why the Supreme Court's precedents denying many constitutional rights to residents of America's overseas territories are wrong.
Bill of Rights
Guns and Grammar
Though awkward and antiquated, the Second Amendment’s syntax and grammar unambiguously protect gun rights.
TikTok or Not, Americans Still Have a Right To Receive Communist Propaganda
A unanimous Supreme Court decision established as much in 1965.
'The Constitution Is Not a Suicide Pact'
How a 1949 Supreme Court dissent gave birth to a meme that subverts free speech and civil liberties
The Return of the Women's Libbers
Plus: Israel in the Golan Heights, trouble in China's government, Whoopi Goldberg tries to explain health insurance, and more...
After 100 Years, End the Open Fields Doctrine
Federal agents are allowed to search private property without a warrant under this Prohibition-era Supreme Court precedent.
More Than Half of Americans Think the First Amendment Provides Too Many Rights
"Evidently, one out of every two Americans wishes they had fewer civil liberties," said one researcher. "This is a dictator's fantasy."
Americans Favor Freedom of the Press, Sort Of
Half the country says suppressing “false information” is more important than press freedom.
Social Media Platforms Have Property Rights Too
The push to regulate social media content infringes on rights guaranteed by the Fifth Amendment.
Federal Judge Questions 'Evolving Standards' Test for Cruel and Unusual Punishment
The Supreme Court judges Eighth Amendment cases with "evolving standards of decency." Some conservative jurists don't like it.
How Hippies Saved the Fourth Amendment
The Nixon administration did everything it could to curb antiwar activism. Then the courts said it had gone too far.
It's All About the Jimmy Hats
Rethinking the constitutional defense of reproductive rights after Dobbs via the Ninth Amendment
Donald Trump Pleads the 5th After Years of Saying Only Guilty People Do That
The former president may be a hypocrite, but at least he knows his own rights.
How Would You Change the Constitution?
I asked scholars, podcasters, and passersby how they'd change the nation's founding charter. Here's what they told me.
The Founders Loved Jury Trials. Almost No One Gets One Anymore.
John Adams called jury trials part of the "heart and lungs of liberty." Today, defendants are often punished for exercising that very right.
Georgia Cops Rummaged Through Student-Athletes' Luggage in a Fruitless Search for 'a Little Bit of Marijuana'
When did the K-9 arrive? And what was the probable cause for the search?
Texas' Social Media Law Recycles Left-Wing Media Theory
Forcing private companies to host speech violates the First Amendment.
Biden's False Gun Claims Are a Lousy Basis for Law
Already abused for political purposes, the power of government shouldn’t be expanded based on lies.
San Jose's Insurance Requirement Is Privatized Gun Control
Politicians deputize the private sector to restrict rights protected from the government.
Government Is Lousy at Protecting Civil Liberties, Say Americans
People doubt the government's role as a protector but send mixed messages about their value of freedom.
Is the CDC's Eviction Moratorium a Third Amendment Violation?
The Third Amendment Lawyers Association argues in a recent amicus brief that the federal eviction ban requires landlords to quarter soldiers.
Australia Is the Canary in the Coal Mine of Eroding Liberty
Without a Bill of Rights, the land down under quickly goes where America may eventually follow.
Man Arrested for Public Signs Wins Settlement From Sheriff's Office and Spurs Reform
Holding a sign in a public park should not cause an arrest.
Prince Harry's First Amendment Aversion Is Funny; the Governments That Agree Are Scary
We expect British royals to favor muzzling commoners, but too many lawmakers feel the same way.
Will Coronavirus Fears Lead to an Assault on Gun Rights?
Power-seeking public officials thrive on our fear.
It's Bill of Rights Day. Do Americans Still Care?
The greatest threat to protections for our freedom may be people's fear that people who disagree with them are exercising their rights.
Supreme Court Rules that Excessive Fines Clause Applies to States and Constrains Civil Asset Forfeiture
The decision in Timbs v. Indiana is a significant step forward for property rights and civil liberties, though a key issue remains to be resolved by lower courts.
Judge Rules Police Cannot Require People to Unlock Their Own iPhones With Thumb or Iris
Compelled use of facial and finger recognition features runs afoul of the Fifth Amendment.
Today's Supreme Court Oral Argument in Timbs v. Indiana Suggests Justices are Likely to Apply Excessive Fines Clause to State Asset Forfeitures
The Court seems very likely to rule that the Excessive Fines Clause of the Eighth Amendment applies to state governments, and that at least some asset forfeitures violate the Clause. Potentially a big win for property rights and civil liberties.
This Week, Supreme Court Will Hear an Important Case that Could Help Curb Asset Forfeiture Abuse
The case both addresses important legal issues, and could have substantial practical implications.
The Supreme Court Will Hear Two Big Criminal Justice Cases Later This Year
The Court could strike a major blow for civil asset forfeiture reforms in the states and finally do away with an awful double jeopardy loophole.
Reason Staffers Share Their Favorite Constitutional Amendments
The U.S. Constitution was signed on this day 231 years ago.
Supreme Court Will Hear Case on the Excessive Fines Clause that Could End Up Curbing Asset Forfeiture Abuse
The case will decide whether the Excessive Fines Clause of the Eighth Amendment applies to the states. If so, it will also have to address how much it restricts asset forfeiture.
My "The Hill" Op Ed on the Bill of Rights and the Travel Ban
Prof. Michael Mannheimer and I have coauthored an op ed explaining why the Bill of Rights limits federal power over immigration, and renders Trump's travel ban unconstitutional.
Constitutional Law Scholars' Amicus Brief in the Travel Ban 3.0 Case Explains Why the Bill of Rights Restricts Federal Power over Immigration
The brief, which I coauthored on behalf of myself and six other legal scholars explains why the Bill of Rights constrains federal power over immigration no less than other types of federal power.
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
Celebrating Individual Rights on Independence Day
At the country's founding, there were no walls to stop people from coming ashore and few rules to stop anyone from trying out new ideas.
Why Is Michigan Still Forcing Minors to Take Unconstitutional Breathalyzer Tests?
A new bill may end this absurd practice
Trump, Terrorism, and Freedom: New at Reason
"I tend to err on the side of security, I must tell you."
Nat Hentoff, 1925–2017
One of the most vocal civil libertarians of the past century has died.
Clinton Is a Threat to the 2nd Amendment—and the 1st
Her positions on gun ownership and political speech are at odds with the Bill of Rights.
Whether Donald Trump or Hillary Clinton Is Elected President, Liberty Loses
It's not irrational to have lost faith in government.
The Bill of Rights Revisited
The Bill of Rights largely embodied uncontroversial traditional rights of Englishmen.
Rand Paul Blasts Chris Christie's "Learning Problem"
The Kentucky senator says his GOP rival fails to understand, "You can use the Fourth Amendment and still get terrorists."
