Trump Mounts a 'Direct Assault on the First Amendment' by Portraying Journalism As Consumer Fraud
The president-elect's lawsuit against The Des Moines Register is a patently frivolous and constitutionally dubious attempt to intimidate the press.
Litigation
Given George Stephanopoulos' Carelessness, ABC's Defamation Settlement With Trump Seems Prudent
The host of This Week repeatedly and inaccurately asserted that Trump had been "found liable for rape."
An Alabama D.A. Filed Legally Impossible Charges Against School Board Members Who Crossed Him
A board employee and a local reporter were arrested on the same bogus charge of divulging nonexistent grand jury secrets.
Federal Judge Enjoins Enforcement of the Illinois 'Assault Weapon' Ban
U.S. District Judge Stephen McGlynn says the law bans firearms covered by the Second Amendment and is not supported by historical precedent.
Trump's Legal Complaints Against 2 News Outlets Reflect His Disregard for Freedom of the Press
The Republican presidential candidate argues that CBS and The Washington Post broke the law by covering the election in ways he did not like.
SCOTUS Case Involving Cannabis Fraud Highlights the Illogic of Federal Drug Testing Mandates
A trucker lost his job because he tested positive for marijuana after consuming a supposedly THC-free CBD tincture.
SCOTUS Revives Lawsuit Against Missouri Cop Who Jailed a Man 'for Being an Asshole'
Mason Murphy says Officer Michael Schmitt violated his rights by punishing him for constitutionally protected speech.
A Texas Cop Endangered Himself by Jumping Onto a Moving Car. Then He Shot the Driver.
The Supreme Court will review a 5th Circuit decision that let the officer off the hook without considering the recklessness that turned a routine traffic stop into a deadly encounter.
A Lawsuit by Christian Zionists Says Biden's West Bank Sanctions Violate the First Amendment
By targeting "persons undermining peace, security, and stability," the plaintiffs argue, the president is threatening to punish people for opposing a two-state solution.
Ruling in Favor of DIY Distillers Affirms Limits on Congressional Power
A federal judge rejected the government’s excuses for banning home production of liquor.
Divided Over Purdue Pharma Deal, SCOTUS Unites in Accepting a Dubious OxyContin Narrative
The majority and the dissenters agree that the drug was "central" to "the opioid crisis," even though there is little evidence to support that thesis.
Biden Notes Trump's History of 'Sexual Assault' but Highlights '34 Felonies' That Victimized No One
Facing an opponent who has been credibly described as a sexual predator, Biden instead emphasizes Trump's cover-up of a consensual encounter.
These Strange Bedfellows Want SCOTUS To Remind the 5th Circuit That Journalism Is Not a Crime
An ideologically diverse mix of individuals and organizations supports a Texas journalist who was arrested for asking questions.
Zoning Regulations Empower Control Freaks—and Bigots
The Institute for Justice has launched a project to reform land use regulation.
California Students Get $1 Million After They Were Expelled for Wearing Supposedly Racist Acne Masks
School officials falsely accused the boys of posing for a photo in blackface.
Does the Constitution Protect the Right To Get High?
Columbia law professor David Pozen recalls the controversy provoked by early anti-drug laws and the hope inspired by subsequent legal assaults on prohibition.
SCOTUS Misses a Chance To Protect Peaceful Protesters
Under a legal theory endorsed by the 5th Circuit, Martin Luther King Jr. could have been liable for other people’s violence.
Supreme Court Says Officials Who Block Critics on Social Media Might Be Violating the First Amendment
The justices established guidelines for determining whether that is true in any particular case.
Two New York Cases Lend Credibility to Trump's Complaint of Partisan Persecution
Neither Manhattan D.A. Alvin Bragg nor New York Attorney General Letitia James can explain exactly who was victimized by the dishonesty they cite.
Goodbye, Navalny
Plus: A listener asks if the editors have criteria for what constitutes a good law.
How a New York Judge Arrived at a Staggering 'Disgorgement' Order Against Trump
The law that Attorney General Letitia James used to sue the former president does not require proof that anyone was injured by his financial dishonesty.
Qualified Immunity Is Not Limited to Police Brutality. It Protects a Wide Variety of Abusive Officials.
An analysis of appeals involving the doctrine finds that less than a quarter "fit the popular conception of police accused of excessive force."
Cops Arrested Him for a Fictitious Traffic Violation Because He Flipped Them Off
A federal judge allowed a lawsuit against the officers to proceed, finding evidence of several constitutional violations.
He Was Arrested for Making a Joke on Facebook. A Jury Just Awarded Him $205,000 in Damages.
The verdict vindicates the constitutional rights that Louisiana sheriff's deputies flagrantly violated when they hauled Waylon Bailey off to jail.
The 5th Circuit Says Criminalizing Journalism Is Not Obviously Unconstitutional
The appeals court dismissed a civil rights lawsuit by a Laredo gadfly who was arrested for asking questions.
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.
7 Reasons Trump's Lawyers Say He Is Not Disqualified From Running for President
His Supreme Court petition raises serious questions about how to interpret and apply Section 3 of the 14th Amendment.
California's 'Repugnant' Restrictions on Public Gun Possession Just Took Effect
After a federal judge deemed the state's location-specific gun bans unconstitutional, the 9th Circuit stayed his injunction.
Who Decides Whether Trump Can Run, and What Sort of Evidence Suffices?
Letting state officials determine whether a candidate has "engaged in insurrection" opens a huge can of worms.
'I Relied on Others,' 'Documents Were Filed in the Wrong Place,' and Other Memorable Excuses
The year's highlights in blame shifting.
Trump's Promise to 'Indemnify' Cops 'Against Any and All Liability' Is Absurd for 2 Reasons
Police officers already are routinely indemnified, and suing them for abuse is much harder than Trump claims.
Giuliani Never Puts Up, but He Never Shuts Up Either
The former Trump lawyer could have avoided a massive defamation verdict by presenting his "definitively clear" evidence of election fraud.
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.
'Everything I Said About Them Is True,' Giuliani Insisted Days Before a Jury Debated His Defamation Debt
The former Trump campaign lawyer re-upped his false claims about two Georgia election workers in the middle of a trial aimed at determining the damages he owes them.
State-Licensed Pot Suppliers Say Federal Prohibition Is Unconstitutional As Applied to Them
A federal lawsuit argues that it is time to reassess the Commerce Clause rationale for banning intrastate marijuana production and distribution.
The Bipartisan Urge To Control Online Speech
Democrats and Republicans are united in thinking their political agendas trump the First Amendment.
SCOTUS Will Decide When the Government's Social Media Meddling Violates the First Amendment
The justices agreed to consider whether the Biden administration's efforts to suppress online "misinformation" were unconstitutional.
California Quietly Repeals Restrictions on Doctors' COVID-19 Advice
Several federal judges had expressed skepticism about the constitutionality of penalizing physicians for departing from a government-defined "consensus."
Holding Protest Leaders Liable for Others' Violence Threatens First Amendment Rights
A lawsuit against a Black Lives Matter activist could have a chilling impact on constitutionally protected activity.
A Federal Judge Enjoins Several Maryland Restrictions on Carrying Handguns
The decision is another rebuke to states that have imposed broad, location-specific limits on the right to bear arms.
Trump's Absurd Property Valuations Confirm His Disregard for Reality
The former president's lawyers argued that even the square footage of his apartment was a "subjective" judgment for which he cannot be held accountable.
Arbitrary Restrictions Explain Why Trump Was Not Allowed To Buy That Glock
Before correcting the record, the former president's spokesman inadvertently implicated him in a federal crime.
New Mexico Gov. Michelle Lujan Grisham's Unconstitutional Gun Edict Was a Huge, Bipartisan Flop
The governor's attempt to rule by decree provoked widespread condemnation instead of the applause she was expecting.
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.
The 5th Circuit Agrees That Federal Officials Unconstitutionally 'Coerced' or 'Encouraged' Online Censorship
The appeals court narrowed a preliminary injunction against such meddling but confirmed the threat that it poses to freedom of speech.
Former Prisoner Can Sue Officials Who Illegally Detained Him for 2 Months, 5th Circuit Says
The case is just one example of miscalculations that routinely keep Louisiana prisoners behind bars after they complete their sentences.
A Ruling Against a Man Arrested for a COVID-19 Joke Highlights the Influence of a Pernicious Analogy
A federal judge compared Waylon Bailey’s Facebook jest to "falsely shouting fire in a theatre."
Arkansas Business Owner Sues Over Government Garbage Monopoly
X-Dumpsters owner Steven Hedrick rents roll-away dumpsters to people, but now his city forces residents to contract with the county.
