Trump Promises To Give Police 'Immunity From Prosecution'
The pledge, while mostly legally illiterate, offers a reminder of the former president's outlook on government accountability.
Federal Courts
Illinois Won't Let Him Do His Job Filing Paperwork—Unless He Gets a Private Detective License
David Knott helps clients retrieve unclaimed property from the government. The state has made it considerably harder for him to do that.
Backpage: A Blueprint for Squelching Speech
How the Backpage prosecution helped create a playbook for suppressing online speech, debanking disfavored groups, and using "conspiracy" charges to imprison the government's targets
Judge Acquits Backpage Co-Founder Michael Lacey on Most Counts
The court found insufficient evidence to sustain 53 of 84 remaining counts against Lacey.
U.S. Sentencing Commission Restricts Federal Judges' Ability To Use Acquitted Conduct at Sentencing
The little-known but outrageous practice allowed judges to enhance defendants' sentences using conduct a jury acquitted them of.
Federal Appeals Court Says Texas Inmate's Decade-Long Lawsuit Over Sleep Deprivation Can Keep Going
Michael Garrett and other Texas inmates get less than four hours of sleep a night. He argues it's cruel and unusual punishment.
Abortion Fallout
Plus: Illegal homes in California, Erdogan's party does poorly in local elections, and more...
The Justice Department Quietly Ends Reprosecution of Man Who Received Clemency From Trump
Philip Esformes was sentenced for charges on which a jury hung. After receiving a commutation, the federal government vowed to try to put him back in prison.
Sarah Silverman's Lawsuit Against OpenAI Is Full of Nonsense Claims
And a federal judge just said so.
This Prosecutor Secretly Worked for the Judges Overseeing His Cases. Will His Victims Be Able To Sue?
Ralph Petty likely violated the Constitution. In a rare move, a federal court signaled this week that lawsuits against him may not be dead on arrival.
Federal Judge Temporarily Blocks Enforcement of Houston Ordinance Against Feeding the Homeless
The judge found that Food Not Bombs' activity was clearly expressive conduct under the First Amendment.
Disney Can't Prove DeSantis Retaliated Against It, Federal Judge Rules
Disney has vowed to appeal the ruling.
She Was Arrested for Her Journalism. A Federal Court Says She Can't Sue.
Priscilla Villarreal, also known as "Lagordiloca," has sparked a debate about free speech and who, exactly, is a journalist.
Feds Will Try Backpage Co-Founder Michael Lacey for a Third Time
It's a frightening reminder of how far the government will go to get their way—and to warn tech companies against platforming speech it doesn't like.
How To Get Away With Murder (According to Trump's Lawyers)
Step 1: Become president. That's the hardest part.
Federal Appeals Court Rules in Favor of Reform Prosecutor Removed from Office by Ron DeSantis
"The First Amendment prevents DeSantis from identifying a reform prosecutor and then suspending him to garner political benefit," U.S. Circuit Judge Jill Pryor wrote.
Bedlam in the Country
Plus: Migrant shelter stabbing, Hollywood doom, Cuban spies, and more...
9th Circuit Temporarily Restores the Right To Bear Arms As It Mulls California's New Gun-Free Zones
The state's law, which a federal judge enjoined last month, prohibits firearms in most public places.
A Bad Year for Drag Queen Foes
New anti-drag laws were deemed unconstitutional in every state where they were challenged this year.
Social Media Censorship and The First Amendment
Stanford's Jay Bhattacharya debates St. John University's Kate Klonick on the federal government's role in social media censorship.
Abortion-Funding/-Supporting Groups' Challenges to Texas Abortion Laws Can Proceed for Now
The district court just dismissed certain procedural objections to them, though it wasn't asked to consider the substantive arguments.
Sentencing Commission Again Proposes Restricting Judges' Use of Acquitted Conduct
Judges can sentence defendants for charges they were acquitted of by a jury, a practice that troubles criminal justice advocates, civil liberties groups, and several Supreme Court justices.
This Innocent Woman Is on the Hook for Thousands After a SWAT Team Destroyed Her Home
An error-prone investigation in search of a fugitive led police to Amy Hadley's house.
5th Circuit Reluctantly Rules Against Victim of a Prosecutor Who Was Also a Law Clerk
Ralph Petty's "conflicted dual-hat arrangement" as an advocate and an adjudicator was "utterly bonkers," Judge Don Willett notes.
Social Media Censorship: Jay Bhattacharya vs. Kate Klonick
Stanford's Jay Bhattacharya debates St. John University's Kate Klonick on the federal government's role in social media censorship.
Civil Rights Groups Urge Federal Appeals Court To Strike Down Mississippi's Jim Crow–Era Felon Voting Ban
A broad coalition of civil rights groups and think tanks, including Reason Foundation, say that Mississippi's "mandatory, permanent, and effectively irrevocable" voting ban for certain offenders violates the Constitution.
FBI Seized $86 Million From People Not Suspected of Any Crime. A Federal Court Will Decide if That's Legal.
On Thursday, a federal appeals court will hear about the FBI's "blatant scheme to circumvent" the Fourth Amendment.
Seattle Banned Landlords From Rejecting Tenants Based on Criminal Records. Will the Supreme Court Step in?
The political push behind the law was well-meaning. But it will backfire on many prospective renters.
The Backpage Defendants Never Stood a Chance
Moral panic plus government power is an inescapably potent combination.
Goodbye to Detroit's Asset Forfeiture Racket
Wayne County was seizing cars and using its less-fortunate residents as piggy banks.
This Cop Was Acquitted for His Role in the Breonna Taylor Raid. The Feds Are Prosecuting Him—Again.
Maybe Brett Hankison shouldn't have been found not guilty, but he was. The Constitution says it should stop there.
Gun Hobbyists (and Liberty) Win Big in Court
Fifth Circuit judges slap the ATF for making up illegal rules against homemade guns.
He's Going to Prison for Twitter Trolling. That's Not Justice.
Douglass Mackey's case raised questions about free speech, overcriminalization, and a politicized criminal legal system.
New York's Online Hate Speech Law Raises Serious First Amendment Concerns
Even content creators outside of New York would feel its effects.
"Large Libel Model" Lawsuit Against OpenAI Headed Back to Georgia Court
OpenAI tried to remove Mark Walters' lawsuit to federal court, but has now withdrawn that attempt.
Weed Is Legal in Illinois. Police Searched His Car Anyway.
An officer conducted the search of Prentiss Jackson's vehicle after claiming he could smell "a little bit of weed." It ultimately resulted in a lengthy prison term.
Tony Timpa Wrongful Death Trial Ends With 2 Out of 3 Cops Getting Qualified Immunity
The trial—and, in some sense, Timpa's life—was about transparency.
Federal Judge Declines To Stop Drag Show Ban at Texas College
The judge ruled that drag performances are not inherently expressive and that schools could regulate "vulgar and lewd" conduct.
The Tony Timpa Wrongful Death Lawsuit Against Police Shows Why Jury Trials Are So Important
Trials are incredibly valuable fact-finding tools—particularly when the defendants are public employees.
Seven Years Since He Died Under a Cop's Knee, His Mom Is Getting Her Day in Court
Tony Timpa's story shows how far the government goes to prevent victims of abuse from seeking recourse.
Analyzing Removal Jurisdiction over Section Three Lawsuit in Colorado
Time to brush off your federal courts outlines.
A Cop Jailed Her for 2 Years on Fake Charges. Will She Ever Get Justice?
St. Paul police officer Heather Weyker has thus far managed to get immunity for upending Hamdi Mohamud's life.
Are We Living Through a Standing Realignment?
Recent Supreme Court cases suggest that both the left and the right are already repositioning themselves.
What Explains the Discourse on 303 Creative?
Procedure, soundbites, popular views, and more combined to create legally unfounded memes.
Did Factual Revelations Undermine 303 Creative?
Recent reporting doesn't materially undermine, and could even strengthen, the case for standing.
Was There Standing in 303 Creative?
The Court had ample reason to find a "credible threat" of enforcement, consistent with existing case law.
From Prof. Richard Re: The Remarkable Discourse on 303 Creative
Is the legal left beginning to adopt a hawkish attitude toward standing?
