Is Investigating a School Sexting Incident the Same as Possessing Child Porn? A Judge Says No.
Bradley Bass' case in Colorado says a lot about just how powerful prosecutors are.
Courts
The Deck Is Stacked Against Americans Who Try To Sue Government Officials
It's a threat to our fundamental rights, but courts refuse to change their approach.
Google Supreme Court Case Tests Whether Tech Firms Are Liable for User Content
Section 230 helped the internet flourish. Now its scope is under scrutiny.
District Court Halts New York Law Forcing Online Platforms To 'Respond' to 'Hateful' Speech
"Today's decision is a victory for the First Amendment that should be celebrated by everyone who hopes to see the internet continue as a place where even difficult and contentious issues can be debated and discussed freely," said one attorney.
PredictIt Helps Forecast Election Results. Bureaucrats Are Trying To Kill It.
Election betting markets are often more reliable than pundits. Did the site steal user funds? No. Did they lie to people? No. Harm anyone? No.
How a Drafting Error Made It Harder for New Yorkers To Obtain Relief From Marijuana Felony Records
Because legislators omitted a crucial letter, there is no straightforward way to downgrade convictions for offenses that are no longer felonies.
West Virginia Family Court Judge with History of Arranging Warrantless Searches Resigns
We may have finally discovered a limit to judicial immunity.
Federal Inmates Suffering From Unconstitutional Medical Neglect Could Get Relief Under Rule Change
The U.S. Sentencing Commission might make medical neglect a qualifying condition for compassionate release.
Judge Rules DeSantis Violated First Amendment by Ousting Reform Prosecutor but Declines To Reinstate Him
"In short, the controlling motivations for the suspension were the interest in bringing down a reform prosecutor," the judge wrote.
Don't Underestimate Clarence Thomas
Justice Thomas' footprints are all over the Court's recently concluded term.
A Michigan Supreme Court Justice Hired an Ex-Con. Another Justice Shamed Him Into Resigning.
Justice Richard Bernstein said Pete Martel's hiring as clerk was unacceptable because "I'm intensely pro-law enforcement."
Is Texas About To Use Expired Drugs To Execute Death Row Inmates?
Defendants say this practice violates the state’s own laws. The attorney general is pushing onward anyway.
Why Is Sesame Suddenly in Everything?
Plus: spending bill on its way to Biden, Don't Be a Feminist reviewed, lawsuit over Yesterday trailer can go forward, and more...
Judge Agrees Consumers Can Sue Over Misleading Movie Trailers
The weird judge-invented "commercial speech" exception to our right to free expression breeds strange results in suit against distributors of the 2019 movie Yesterday.
Absolute Immunity Puts Prosecutors Above the Law
By giving powerful law enforcement officials absolute immunity from civil liability, the Supreme Court leaves their victims with no recourse.
A Bad Day for School Choice Advocates at the Kentucky Supreme Court
The state high court rules against the Education Opportunity Act.
This Principal Investigated a Sexting Incident. So the Police Charged Him With Possessing Child Porn.
Bradley Bass is facing 12 years in prison, despite the fact that he was doing his job as a school administrator.
Republicans Will Have To Rely on New Deal–Era Court Precedents If They Want a Federal Abortion Ban
The Supreme Court said in 1942 that local activity, not just interstate activity, was subject to congressional regulation.
Manhattan D.A. Said This Woman Acted in Self-Defense. He Prosecuted Her For Almost a Year Anyway.
Alvin Bragg has finally moved to stop prosecuting Tracy McCarter for murder.
How a Gorsuch LGBT Ruling May Doom Affirmative Action in College Admissions
The link between Bostock v. Clayton County and Students for Fair Admissions v. University of North Carolina
'Arbitrary and Capricious': Judge Blocks U.S. From Expelling Migrants Under COVID-Era Title 42 Order
The judge granted the Biden administration a stay, which will keep the policy in place through late December.
The Originalist Debate About Affirmative Action
The Supreme Court grapples with the original meaning of the 14th Amendment in Students for Fair Admissions v. University of North Carolina.
Resistant Jurors Can Help Protect Abortion Rights (No Matter What the Law Says)
In the event of prosecution, jury nullification allows regular people to exercise a veto over the power of the state.
Cryptotoken LBC is Legally a Security, Federal Judge Declares, and Requires Regulation by the SEC
This is bad news for any virtual currency that was pre-mined, including ethereum.
Lawsuits Keep Rolling Back Unconstitutional Vegan 'Meat' Bans
No one is confused about whether Tofurky is turkey.
Study: Text Message Reminders Can Help Stop People from Missing Parole or Probation Meetings
It’s a little thing, but thousands of people end up in jail over these types of avoidable technical violations.
This Court Case Could Make It a Crime To Be a Journalist in Texas
Priscilla Villarreal found herself in a jail cell for publishing two routine stories. A federal court still can't decide what to do about that.
The Supreme Court Could End Affirmative Action
In the two cases, brought against Harvard and the University of North Carolina, anti-affirmative action group Students for Fair Admissions argues that race-conscious admissions violate the Civil Rights Act
What Happens When a County Employee Acts Like a Police Officer?
A highway engineer got qualified immunity for detaining drivers—despite not being a cop.
Adnan Syed's Exoneration Shows How Hard It Is To Free Innocent People
Convincing evidence of his innocence has been available for years. But the criminal legal system prioritizes procedure and bureaucracy over liberty.
A Jury Acquitted Them of Various Charges. They Served Prison Time for Them Anyway.
The Supreme Court may soon consider if acquitted conduct sentencing is illegal.
Manhattan D.A. To Prosecute Domestic Violence Victim for Murder After Saying It Wasn't Murder
Alvin Bragg campaigned on Tracy McCarter’s innocence. Once in office, that was apparently less politically expedient.
A Case That Pits Gun Rights Activism Against Federalism
Gun control advocates may embrace the 10th Amendment.
Judges Who Sent Kids to Detention Centers for Financial Kickbacks Ordered To Pay Over $200 Million
Former Judges Mark A. Ciavarella and Michael T. Conahan are now serving lengthy prison sentences for what became known as the "kids-for-cash" scandal.
A Florida Appeals Court Denied a Parentless Minor a Waiver of Parental Consent for an Abortion
The case shows the power given to judges when parental consent or notification is required for a minor's abortion.
Walgreens 'Helped Fuel' Opioid Crisis in San Francisco, Says Judge
Plus: Americans want to vote on abortion, why the housing crisis has gone national, and more...
Does This Woman Have a Constitutional Right to Her 'FCANCER' License Plate?
The Delaware DMV recalled Kari Overington’s plate over “perceived profanity.” Now the ACLU is helping her take on the state.
He Was Arrested for Promoting Jury Nullification. A Federal Court Says That Was Illegal.
Michael Picard's free speech rights were violated when he was booked for telling passersby to "Google Jury Nullification."
Federal Courts Greenlight State Abortion Bans While State Courts Halt Enforcement
Plus: Video game play time doesn't affect well-being, crypto groups applaud the Virtual Currency Tax Fairness Act, and more...
House Democrats Revive Their Court-Packing Push
Adding progressive justices to the bench would eventually backfire.
Supreme Court Makes It Effectively Impossible To Sue Federal Cops, Smashing a 51-Year-Old Precedent
A federal badge will now serve as an impenetrable shield against civil liability.
