Why the Courts Will 86 the Flagrantly Unconstitutional Charges Against James Comey
The case defies more than half a century of rulings on the “true threat” exception to the First Amendment.
Federal Courts
Defending the White House Ballroom, the DOJ Files a Trump Tantrum Masquerading As a Motion
The brief, which asks a federal judge to reconsider an injunction blocking the project, reads like it was transcribed from the president's Truth Social account.
Allowing Censorship of Military Retirees Like Sen. Mark Kelly Would Set a Chilling and Dangerous Precedent
To justify punishing a legislator for his speech, a FIRE brief notes, Defense Secretary Pete Hegseth relies on a Supreme Court precedent that is clearly inapposite.
Separation of Church and State
Federal Appeals Court Says Texas' Ten Commandments Law Isn't Indoctrination
The 5th Circuit upheld a controversial law requiring Texas schools to display the Ten Commandments.
Judge Says DOJ and DHS Likely Coerced Tech Firms To Censor ICE-Tracking Platforms
The platform creators filed a lawsuit claiming their First Amendment rights were violated after the Trump administration convinced Apple and Facebook to remove their content.
Pete Hegseth Wants the D.C. Circuit To Let Him Punish a Senator for Criticizing Him
The defense secretary's asserted authority to control the speech of retired military officers "would chill public participation by veterans," a brief supporting Mark Kelly warns.
San Jose's 'Creepy' and 'Deeply Intrusive' ALPR Camera System Is Unconstitutional, a New Lawsuit Says
The city has created a network of nearly 500 cameras that routinely monitor innocent people as they go about their daily lives.
The FTC's Probe of Media Matters for America Is a Blatant Assault on Freedom of Speech
In the guise of investigating "potentially unlawful advertiser boycotts," the commission is punishing the organization for its views.
A Federal Judge Dismisses Trump's Defamation Lawsuit Against The Wall Street Journal
Trump's failure to properly allege "actual malice" is consistent with his long history of filing shaky legal claims against people who say things he does not like.
In New Tariff Cases, Trump Asserts 'Unreviewable' Power To Invent a Balance-of-Payments Deficit
The Court of International Trade is weighing the legality of the import taxes that the president wants to impose under Section 122 of the Trade Act of 1974.
Innocent Property Owners Deserve 'Just Compensation' When Cops Wreck Their Homes or Businesses
Two petitions ask the Supreme Court to uphold the remedy required by the Fifth Amendment.
With His Grandiose White House Ballroom Plan, Trump Again Asserts the Power To Do As He Pleases
"No statute comes close to giving the President the authority he claims to have," U.S. District Judge Richard Leon concluded when he enjoined the project.
Nationwide Injunctions, a Crucial Check on Presidential Power, Are Not Dead Yet
Both Donald Trump and Joe Biden asked the Supreme Court to abolish nationwide injunctions, which allow federal judges to stop a federal policy from going into effect.
A Jury Approves Damages After 2 Texas Cops Snatched a Supposedly 'Abandoned' Girl From Her Home
The jurors concluded that the officers violated the Fourth and 14th amendments when they seized a 14-year-old without evidence that she was in danger.
Minnesota Bills Would Create State Right To Sue Government Officials for Constitutional Violations
Two different pieces of legislation aim to create state workarounds to the procedural quagmire of federal civil rights litigation.
A Lawsuit Settlement Highlights Trump's Hypocrisy on Government Meddling With Social Media
Despite its rejection of the Biden administration's interference, the Trump administration is still asserting authority over online speech.
The DOJ Wants To Drop Charges Against 2 Cops Who Played a Crucial Role in Breonna Taylor's Death
But for a fraudulent and misleading warrant affidavit, Taylor would not have been killed during a fruitless late-night drug raid.
ICE Insists Liberia Is the Only Place It Can Deport Kilmar Abrego Garcia
The administration insists it can only deport him to Africa. It's not clear why, other than to be vindictive.
Judges and Justices Should Be Independent, Trump Says, As Long As They Side With Him
The president says federal courts should not make decisions based on partisan considerations unless it benefits him.
Federal Judge Blocks RFK Jr.'s Arbitrary Changes to Childhood Vaccine Policy
Under Kennedy's oversight, HHS has "undermined the integrity of its actions" with respect to its immunization recommendations, the court ruled.
Yes, the First Amendment Protects Free Speech for Noncitizens
"Freedom of speech and of press is accorded aliens residing in this country," according to a 1945 Supreme Court ruling.
Virginia's Impending 'Assault Firearm' Ban Is Logically and Constitutionally Dubious
The ban, which targets guns based on criteria that make little sense, seems vulnerable to a challenge under the Supreme Court's Second Amendment precedents.
Trump's New Tariff Plan Still Asserts a Crisis That Does Not Exist
The president’s invocation of Section 122 conflates a trade deficit with a balance-of-payments deficit.
Lawsuit: Trump's Newest Tariffs Are an 'Exercise of Completely Unrestrained Executive Power'
The lawsuit, filed by attorneys general and governors from 24 states, claims that Trump is once again trying "to usurp the taxing power that the Constitution vests in Congress."
Civil Libertarians Left and Right Unite To Oppose Disarming Cannabis Consumers
A Supreme Court case illustrates the potential for trans-partisan alliances between critics of gun control and critics of the war on drugs.
An Iowa Pot User Serving 4 Years for Gun Possession Gets Another Chance To Challenge His Prosecution
Alexander Ledvina was convicted of violating a federal law at the center of a Second Amendment case that the Supreme Court is considering.
How Unstated Legal Ideas Have Deformed the Constitution
In the "three buckets" picture of the structure of the federal government, a federal entity that is not part of Congress or part of the judiciary must inevitably be in the Executive Branch.
Trump Thinks Any Judge Who Rules Against Him Is in League With the 'Radical Left'
The president's wildly inaccurate ideological labels are no more meaningful than his other ad hominem attacks on people who disagree with him.
The Trump Administration Made Habeas Corpus Great Again
More habeas corpus petitions were filed over the last year than in the past three administrations combined because of the administration's mass detention policy.
Trump's Tariff Troubles
Plus: Minnesota Medicaid funds, AI vs. jobs, Taylor Lorenz's libertarian moment, and more...
The ACLU, Long Leery of the Second Amendment, Joins the NRA in Urging SCOTUS To Uphold Pot Users' Gun Rights
"We see this as an important civil liberties issue," says an ACLU lawyer.
Iowa Officials Arrested This Guy for Criticizing Them—Twice. A Federal Judge Says They Are Liable.
A mayor and a police chief "mistook their authority to maintain order for a license to suppress criticism," says U.S. District Judge Stephanie Rose.
Trump's Rationale for His New Tariffs Contradicts the Position He Took Before His Supreme Court Defeat
The president is relying on a provision that the government's lawyers said had no "obvious application" to his goal of reducing the trade deficit.
Trump's New Tariffs Are Probably Illegal Too
Attorneys for the Trump administration even admitted that Section 122 can't be applied to address trade deficits. Trump is now trying to do that anyway.
Trump's Tantrum Over the Tariff Decision Highlights His Narcissistic Authoritarianism
The president neither understands nor appreciates the vital role of judicial independence in upholding the rule of law.
Judge Orders Takeover of Arizona Prison Health Care Following Years of Barbaric Medical Neglect
A federal judge ruled in 2022 that "no legitimate humane system would operate" like Arizona's prison health care system. Three years later, that same judge found the problems still hadn't been fixed.
Even Without the 'Emergency' Powers SCOTUS Rejected, Trump Has a Bunch of Tariff Options
There are many laws that explicitly authorize the president to impose taxes on imports, but they include limits that Trump was keen to avoid.
The Supreme Court Just Struck Down Trump's 'Emergency' Tariffs
"There is no exception to the major questions doctrine for emergency statutes," wrote Chief Justice John Roberts.
A Consumer Fraud Complaint About 'Boneless Wings' Won't Fly, a Federal Judge Rules
Aimen Halim sued Buffalo Wild Wings, saying he was tricked into buying chicken breast nuggets when he thought he was getting deboned wings.
Trump's Blatantly Unconstitutional Attempt To Punish His Congressional Critics Hits 2 Roadblocks
A grand jury and a federal judge rejected the president’s vendetta against legislators who produced a video about the duty to refuse unlawful military orders.
A Federal Judge Explains Why Trump Can't Jail Legislators for Producing a Video That Offended Him
U.S. District Judge Richard Leon notes that Sen. Mark Kelly's comments about unlawful military orders were "unquestionably protected" by the First Amendment.
The Feds Used Threats To Silence Their ICE-Tracking Speech. Now They're Fighting Back.
A lawsuit argues that Pam Bondi and Kristi Noem coerced Apple and Meta to censor two popular ICE-monitoring tools, which violates Americans' right to freedom of expression.
Do Construction Workers Have Fourth Amendment Rights? A Federal Court Will Decide.
The Department of Homeland Security argues it doesn't need a warrant to enter a construction site.
A First Amendment Lawsuit Challenges FTC Chairman Andrew Ferguson's Vendetta Against NewsGuard
The commission has targeted the news rating company with onerous record demands and a merger condition aimed at cutting off its revenue.
'This Job Sucks'
Plus: the partial withdrawal of federal agents from Minneapolis, shifting public opinion on immigration, and D.C.'s continued snowpocalypse.
