Ketanji Brown Jackson and the Future of Progressive Originalism
The liberal justice seems ready to fight legal conservatives on their own ground.
Fourth Amendment
This Mom Was Jailed for Leaving Her Teen Home Alone. Now, She's Suing.
An appeals court rejected a qualified immunity defense.
11th Circuit Says a Judge Should Not Have Interfered With the FBI's Review of the Mar-a-Lago Documents
The appeals court says Donald Trump's status as a former president does not entitle him to special treatment.
Wildlife Agents Placed a Camera on His Property Without a Warrant, Then Raided His Home After He Removed It
How a Prohibition-era legal precedent allows warrantless surveillance on private property.
The Federal Government's Plan to Track Truckers' Every Movement Is a Privacy Nightmare
This surveillance would be unconstitutional—and there’s no reason to believe it will make anyone safer.
The Best Ever Libertarian Gift Guide
Until next year's, because capitalism is always making things better.
Watch Florida Cops Arrest a Legally Blind Man After Confusing His Walking Stick for a Gun
The two sheriff's deputies have been disciplined, and the sheriff called the arrest "unacceptable."
The Babylon Bee Joins The Onion in Decrying an Ohio Law That Makes Parody a Felony
The two fake news organizations want the Supreme Court to review the case of a man who was arrested for making fun of the police.
Michigan Court Allows Town To Use Drones To Snoop Without Warrants. One Couple Is Suing.
The Institute for Justice argues evidence from warrantless searches can’t be used for zoning enforcement.
Federal Judge Decides Safe Deposit Boxes Aren't Safe From FBI
Judge Gary Klausner admits that the FBI probably hid their true motives in rifling through the contents of hundreds of safe deposit boxes, but says that's fine.
Who Sabotaged the Nord Stream Pipelines?
Plus: Gov. Ron DeSantis gets accused of fair-weather fiscal responsibility, warrantless drone searches might be illegal, and Lizzo's flute playing sparks a fake controversy.
A Parodist Asks SCOTUS To Let Him Sue the Cops Who Arrested Him for Making Fun of Them
The 6th Circuit ruled that qualified immunity prevented Anthony Novak from vindicating his First Amendment rights.
"Mr. Huff Alleges That the Officers Did Not Identify Themselves at Any Time Prior to The Shooting …
and that Officer Ord fired his weapon at the same time as he shouted, 'Hands up!'"
Trump Lawyers' 'Diligent Search' for Classified Documents at Mar-a-Lago Missed More Than 100
That failure adds to the evidence that Trump or his representatives obstructed the FBI's investigation.
The Redacted Mar-a-Lago Search Warrant Affidavit Sheds Light on the FBI's Concerns and Trump's Defense
There are still lingering questions about the former president's criminal liability and the threat posed by the documents he kept.
Anti-Cheating 'Room Scans' During Online Tests Are Unconstitutional, Rules Ohio District Court
An Ohio judge ruled on Monday that Cleveland State University's use of "room scans," a popular method for preventing cheating during online exams, violates the Fourth Amendment.
Trump Reportedly Retained Hundreds of Documents That Were Marked As Classified
We still know almost nothing about their contents, which is relevant in assessing the decision to search Mar-a-Lago.
Arkansas Cops Suspended After Video of Beating Goes Viral
The video shows three officers kicking, punching, and slamming the man's head into the pavement. State police are now investigating.
FBI Misled Judge in Obtaining Warrant To Seize Hundreds of Safe Deposit Boxes
New court documents show that the FBI planned for months to seize and forfeit property found inside safe deposit boxes in an L.A. raid under the pretext of doing an inventory.
If We See an Expurgated Version of the Mar-a-Lago Search Warrant Affidavit, What Will It Tell Us?
Although U.S. Magistrate Judge Bruce Reinhart is inclined to unseal the document, redactions demanded by the Justice Department could make it hard to understand.
It's Not Clear Why Trump Thinks Disclosing the Mar-a-Lago Search Warrant Affidavit Would Help His Case
Reinforcing the FBI's suspicions was the whole point of that document, which is likely to remain sealed.
Trump's Defense Suggests His Treatment of Classified Material Was Remarkably Cavalier
Whatever threat it may have posed, the trove of government documents seized by the FBI does not reflect well on the former president's judgment.
Donald Trump's Handling of Classified Material Looks Worse Than Hillary Clinton's
The former president thought his 2016 opponent should go to prison for recklessly endangering national security.
Democrats Don't Trust 'the Police,' but They Do Trust the FBI, Provided It Is Targeting Donald Trump
As the response to the Mar-a-Lago raid illustrates, Republicans are inconsistent in the other direction.
Judicial Rubber-Stamping of Search Warrants Can Be Deadly
Lethal drug raids in Louisville and Houston were based on fishy police affidavits that turned out to be fraudulent.
Texas Residents Sue After Police Allegedly Hold Them at Gunpoint and Break Man's Dialysis Port
The lawsuit says police in Rosenberg, Texas, have a history of excessive force and unlawful searches, especially against those with medical vulnerabilities.
Four Cops Implicated in Breonna Taylor's Death Now Face Federal Charges
So far no one has been held criminally liable for the disastrous drug raid, which was based on a flimsy and falsified search warrant affidavit.
Prosecutors Who Want Credit for Investigating Police Corruption Are Happy To Steal Money From Innocent People
The Harris County, Texas, District Attorney's Office oversees civil forfeitures that make a mockery of justice.
Which Is More Scandalous: The Training for Armed Teachers or the Training for Police Officers?
On average, the minimum requirement for cops is about 650 hours, compared to about 1,300 hours for barbers.
What Is the FBI Trying To Hide About Its Raid on Innocent Americans' Safe Deposit Boxes?
Federal prosecutors want to keep key details about the planning and execution of the March 2021 raid at U.S. Private Vaults out of the public's sight.
A Houston Drug Cop's Lies Sent This Man to Prison for 25 Years
The case shows how lax supervisors, incurious prosecutors, deferential judges, credulous jurors, and inattentive defense attorneys abet police misconduct.
Homeland Security Is Buying Its Way Around the Fourth Amendment
Plus: The Respect for Marriage Act, the Farm Workforce Modernization Act, and more...
This Appeal Asks the Supreme Court To Reject Warrantless Gun Seizures Justified by 'Special Needs'
The Institute for Justice urges SCOTUS to renounce that open-ended exception to the Fourth Amendment.
Government Databases Invite Privacy Abuse in China and the U.S.
The surveillance state’s appetite for sensitive information is dangerous under any flag.
Even at His Sentencing Hearing, Derek Chauvin Did Not Manage To Express Remorse for Killing George Floyd
Despite the stakes, the former Minneapolis police officer could not bring himself even to feign regret for his actions.
The Clarence Thomas Court Is Good News for Gun Rights, Bad News for Criminal Justice Reform
Like it or not, the Thomas Court is here.
Seizing Russian Assets Violates the 'Fundamental Right' to Property, Says Swiss President
"You have to ensure the citizens are protected against the power of the state. This is what we call liberal democracies."
Stephen Breyer Officially Retires Tomorrow, Opening a Seat for Ketanji Brown Jackson
“My retirement from active service,” Breyer told the president, “will be effective on Thursday, June 30, 2022, at noon.”
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.
In The Listeners, Brian Hochman Details History of Eavesdropping
Wiretapping and eavesdropping used to be the norm. Perhaps privacy was always an illusion after all.
What Are Ya, Some Kind of Comedian?
Qualified immunity denied in case alleging a probable-cause-less arrest based on plaintiff's (comedian Hannibal Buress's) speech "roast[ing a police officer's] ass."
It's a Bad Year for Criminal Justice Reform at the Supreme Court
A recent pair of cases spotlights the sorry state of affairs.
SCOTUS Just Made It Even Harder To Sue an Abusive Federal Agent
The Supreme Court continues to shield federal officers who are accused of violating constitutional rights.
This Man Says He Spent 17 Days in Jail After American Airlines Wrongly Fingered Him As a Shoplifting Suspect
Michael Lowe is suing the company in Texas, saying its negligence led to a life-changing ordeal.
To Promote Public Safety, Michigan Authorizes Cops To Rob Travelers at Airports
The change represents a substantial reversal of civil forfeiture reforms aimed at protecting innocent property owners.
SCOTUS Lets Tony Timpa's Family Pursue Claims Against Cops Who Killed Him While Supposedly Trying To Help Him
The lawsuit over Timpa's deadly prone restraint, initially blocked by qualified immunity, was revived by the 5th Circuit.
Mothers' Lawsuits Claiming Univ. of Pittsburgh Medical Center Interfered with Parental Rights Can Go Forward
The claims arise out of “UPMC’s purported disclosure of their confidential medical information to [child protection authorities] for the purpose of targeting them with highly intrusive, humiliating and coercive child abuse investigations starting before taking their newborn babies home from UPMC’s hospitals shortly after childbirth.”
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?
