The Nixon administration did everything it could to curb antiwar activism. Then the courts said it had gone too far.
Bill of Rights
The former president may be a hypocrite, but at least he knows his own rights.
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?
Forcing private companies to host speech violates the First Amendment.
Already abused for political purposes, the power of government shouldn’t be expanded based on lies.
Politicians deputize the private sector to restrict rights protected from the government.
People doubt the government's role as a protector but send mixed messages about their value of freedom.
The Third Amendment Lawyers Association argues in a recent amicus brief that the federal eviction ban requires landlords to quarter soldiers.
Without a Bill of Rights, the land down under quickly goes where America may eventually follow.
Holding a sign in a public park should not cause an arrest.
We expect British royals to favor muzzling commoners, but too many lawmakers feel the same way.
Power-seeking public officials thrive on our fear.
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.
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.
The case both addresses important legal issues, and could have substantial practical implications.
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.
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.
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.
What the 2nd Circuit's opinion in U.S. v. Tigano reveals about the state of our criminal justice system
A new bill may end this absurd practice
Her positions on gun ownership and political speech are at odds with the Bill of Rights.
It's not irrational to have lost faith in government.
The Kentucky senator says his GOP rival fails to understand, "You can use the Fourth Amendment and still get terrorists."
Congress passed the Bill of Rights 225 years ago today. Why the struggle for food freedom is at the heart of those amendments.
People power in the parks.
Teacher probably should have run that one by the folks at home
The symbolism, it is thick