Despite a Notable Victory in Oklahoma, Legal Challenges to Flock Cameras Still Face Long Odds
State and federal courts have almost uniformly ruled that searches of ALPR databases do not implicate the Fourth Amendment.
Federal Courts
A Missouri School District Censored a Parent's Negative Facebook Emoji Because It Was 'Upsetting'
Annie Palmer was banned from the district's Facebook page for expressing her displeasure at the hiring of a new elementary school principal.
Judge Says Warrantless Flock Search Violated Driver's Fourth Amendment Rights
The automated license plate reader system is “a type of indiscriminate mass surveillance," says a federal judge.
Trump Keeps Contradicting the 'National Security' Rationale for Banishing Disfavored Journalists
Attorney General Todd Blanche, who complains that CNN's coverage is "almost 100 percent negative towards the president," also has trouble keeping the story straight.
A SCOTUS Petition Argues That Pot Growers, Like Pot Smokers, Cannot Be Categorically Disarmed
The case involves a federal law that criminalizes gun possession by people convicted of nonviolent felonies.
2 Lawsuits Cast Further Doubt on the Claim That ICE Agent Jonathan Ross Killed Renée Good in Self-Defense
According to complaints filed by Good's family, Ross was not in any danger when he fired three shots into her car.
Judge Preliminarily Blesses $1.5 Million Settlement for Victims of a Tiny Town's 'Policing for Profit'
Financially motivated traffic enforcement produced a huge surge in revenue for Brookside, Alabama, where "fines and forfeitures" accounted for half the city's income in 2020.
Cops Used AI Surveillance To Detain an Innocent Texas Driver. His Lawsuit Just Got the Program Struck Down.
AI-powered license plate readers flagged an abnormal driving pattern. Then officers made up reasons to pull him over and interrogated him, and they faked a K-9 alert to justify a nonconsensual search.
The FDA Promises To Streamline the Dauntingly Complex Rules for Approving Nicotine Products
The planned reforms could promote harm reduction by addressing a huge backlog that has resulted in routine violations of a statutory deadline.
Miami Beach Can't Dodge First Amendment Lawsuit After Police Questioned Woman Over Anti-Israel Facebook Post
Miami Beach detectives questioned Raquel Pacheco at her house over her pro-Palestine Facebook comments. A judge ruled several key claims in her First Amendment lawsuit against the city can proceed.
The Protect College Sports Act Passed the Senate. It Faces a Tougher Road in the House—and in the Courts.
Lawyers—not athletes, schools, or college sports—are the real winners of the Protect College Sports Act.
The 5th Circuit Rejects Qualified Immunity for Cops Who Searched a Driver After a Bogus Traffic Stop
"It is clearly established that an officer cannot pull someone over without reasonable suspicion and thereafter concoct a fabricated traffic violation," the appeals court says.
You Can 'Recruit' a Minor for an Abortion in Tennessee
A federal appeals court has permanently blocked the recruitment provision of Tennessee's "abortion trafficking" law.
Federal Courts Are Running a Surplus Charging for Public Records
The Public Access to Court Electronic Records system rakes in about $145 million per year but only costs a fraction of that to operate.
A Tennessee 1st Amendment Auditor Is Suing After Videos of Police Led to a Predawn Arrest Raid
Joshua Gibbons says his embarrassing videos of police officers in Kingsport, Tennessee, were a motivating factor in their decision to arrest him on minor charges that were thrown out of court.
A Trump Appointee Blocks the President's Banishment of Disfavored News Outlets
U.S. District Judge Timothy J. Kelly is skeptical of the belated "national security" rationale for banning CNN, MS NOW, and Politico from the White House.
Journalists Still Barred From White House
Plus: Manhole climbers, Beshear mulling 2028 run, God bless the commenters, and more...
After Banishing Journalists for Writing 'Purposely Negative' Stories, Trump Invokes 'National Security'
The president hopes that post-hoc rationalization will override due process and freedom of the press.
Trump's Banishment of Disfavored News Outlets Reflects His Contempt for Freedom of the Press
The president has a long history of retaliating against journalists who offend him.
3 Leading News Outlets Say Their Sudden Banishment From the White House Is Unconstitutional
In a federal lawsuit, CNN, MS NOW, and Politico argue that Trump's bans violate due process and freedom of the press.
Judge Blocks Warrantless ICE Construction Site Raids After Agents in Alabama Arrested a U.S. Citizen 3 Times
Being on a construction site "does not open the floodgates to warrantless government intrusion," a federal judge ruled in a lawsuit filed by a construction worker who has been detained three times by ICE.
No Warrant, No Suspicion, No Problem: Flock and Border Cellphone Searches Excluded From 4th Amendment Rules
Cops keep carving out tech exceptions to the Fourth Amendment—and courts are giving them their blessing.
Trump Re-Ups His Threat To Raze the Kennedy Center Unless He Can Slap His Name on It
After a federal judge rejected his attempts at self-glorification, Trump said the building will "end up being ripped down" if he does not get the "recognition" he wants.
A Federal Judge Enjoins DHS From Threatening To Prosecute a Critic for Constitutionally Protected Speech
After David Streever castigated ICE's acting director in an email, investigators delivered a "warning notice" saying he "may be in violation of federal law."
The Justification for New Time Limits on Student Visas 'Borders on the Absurd,' a Federal Judge Says
Although the impact of the DHS rule "is likely to be catastrophic," a George W. Bush appointee writes, the government's rationale is "exceptionally weak."
Former Trade Officials Explain Why Trump's Section 301 Tariffs Are Illegal
Their brief says the president is asserting "essentially boundless" authority to impose "economy-wide tariffs untethered from the statute Congress enacted."
Can the Feds Ban You From Making Liquor in Your Own Home?
A challenge to the federal prohibition on home distilling could give the Supreme Court a chance to rein in Congress’ Commerce Clause power.
How a Street Brawl Led to a 5th Circuit Case That Casts Doubt on the Constitutionality of Many Federal Laws
Challenging his conviction for illegal gun possession, Curtis Squire argues that the Commerce Clause cannot justify bans on intrastate, noncommercial conduct.
Critics of AR-15 Bans Urge SCOTUS To Reject the 7th Circuit's Distinction Between Civilian and Military Arms
Given the Second Amendment's history, several briefs argue, a gun's suitability for militia service suggests Americans have a right to possess it.
Appeals Court Grants Immunity to Texas Cops Who Held Handcuffed Woman Face Down in a Fire Ant Hill
The Fifth Circuit Court of Appeals ruled that Taylor Rogers didn't show that it was clearly established that it was excessive force to be held down on a pile of fire ants while handcuffed.
Professor Investigated for Mocking a University 'Land Acknowledgment' Gets a $600,000 Settlement
The agreement follows a 9th Circuit ruling that the University of Washington violated Stuart Reges' First Amendment rights by treating his dissent as intolerable "disruption."
Will the Supreme Court Hear the 'Case About Swinging Dicks'?
Olympus Spa—an all-female, nude establishment in Washington state—sued after the government said it had broken the law by refusing to accept a preoperative transgender woman. But the case is more complicated than it looks.
NYC Law Could Force Uber and Lyft to Keep Dangerous Drivers on the Road
A federal judge temporarily blocked it from taking effect. But the legal fight is ongoing.
Trump Can't Deport Legal Immigrants for Protected Speech, Judge Rules
The court struck down the government’s use of immigration law to threaten lawful noncitizens with deportation for protected speech.
Judge Rejects Trump Administration's Plan To Break Up Google's Ad Business
Punishing a company for building the best product doesn't serve the businesses or users antitrust enforcers claim to protect.
Trump's White House Ballroom Is a Monument to His Lawlessness
By unilaterally razing and replacing the East Wing, the president again shows his disregard for the rule of law and the separation of powers.
The 8th Circuit Lets the Government Retroactively Repair Unconstitutional Gun Cases Against Pot Smokers
A SCOTUS petition argues that the practice, which allows a judicial finding of dangerousness based on a preponderance of the evidence, violates the Fifth Amendment.
Anthropic Win Reaffirms Private Sector's Right To Put Conditions on Government Dealings
Trump administration officials didn’t try to hide that they were punishing the company for its views.
The Belated Backlash Against Flock Cameras
Americans are starting to recognize the dangers of pervasive surveillance by automated license plate readers.
He Spent Nearly 6 Years in Prison Based on the Word of a Notoriously Dishonest Houston Drug Cop
In a federal lawsuit, Byron Prophet argues that police supervisors "turned a blind eye" for years as Gerald Goines framed innocent people.
Florida Students Punished for Silent Protest Against ICE Get Free Speech Victory in Federal Court
A federal judge sided with the Florida International University students who sued over their school's student expression policy.
Brendan Carr's Vendetta Against ABC Conflates the 'Public Interest' With Trump's Personal Grievances
The FCC chairman is punishing the network for news coverage and programming decisions that offend the president.
The Freedom 250 IndyCar Race Only Looked Like MAGA Propaganda if You Already Hate Trump
Plus: Should the race happen again, or just be a one-off event? Also, NCAA eligibility is all messed up, and sports can teach us about immigration.
ICE Admits It Investigated a Critic Based on Constitutionally Protected Speech
The agency’s attempt to intimidate David Streever is at the center of a First Amendment case.
Appeals Court Upholds Right To Film Police—but Grants Immunity to Cops Who Arrested a Connecticut Videographer
The 2nd Circuit is the latest federal circuit court to find a First Amendment right to record the police.
Trump's Assault on Judicial Review Undermines a Crucial Safeguard Against Tyranny
In one case after another, the president has tried to cut the courts out of the picture painted by the Framers.
Trump's Ballroom Fight Could Make Courts Rethink 'National Security' Deference
Appealing to national security is not a "get-out-of-law-free card," a federal court ruled last week.
Another Social Media 'Addiction' Trial Starts Today. Its Claims Are Weak—but Dangerous.
Meta is on trial for fomenting "FOMO," among other things. It sounds silly, but the playbook used here could work against religious groups, fast food, and much more.
