Trump's Threats Against Musk and Newsom Reflect an Authoritarian Intolerance of Dissent
Even if the president was joking in both cases, he already has used his powers to punish people whose views offend him.
Litigation
Gavin Newsom Defends Federalism Against Trump's Unilateral National Guard Deployment
In a federal lawsuit, California's governor argues that the president's assertion of control over "the State's militia" is illegal and unconstitutional.
Denver Case Highlights the Potentially Deadly Hazards of Police Raids Based on Secondhand Information
Michael Mendenhall wants the Supreme Court to reconsider a precedent that allows home invasions based on nothing but hearsay.
A Federal Judge Lists 8 Ways That Trump Violated the Constitution by Punishing a Disfavored Law Firm
The president's crusade against attorneys whose work offends him, which defies the First Amendment and undermines the right to counsel, has provoked several judicial rebukes.
Trump's Mass Cancellation of Student Visas Illustrates the Lawlessness of His Immigration Crackdown
A federal judge blocks the administration's "Student Criminal Alien Initiative," which targeted foreign students who had no criminal records.
A Federal Judge Says New Mexico Cops Reasonably Killed an Innocent Man at the Wrong House
U.S. District Judge Matthew Garcia rejected the argument that the officers "recklessly created the need to apply deadly force by going to the wrong address."
The Supreme Court Unanimously Rejects a 'Very Narrow Approach' to Deadly Force by Police
The decision revives a lawsuit against a Texas officer who shot a driver after endangering himself by jumping onto a moving car.
Defenders of Trump's Birthright Citizenship Order Offer an Implausible Take on a 127-Year-Old Precedent
Briefs urging the Supreme Court to stay injunctions against the order challenge "the conventional wisdom" about the meaning of an 1898 decision interpreting the 14th Amendment.
Rumeysa Ozturk's Op-Ed Is Still the Only Public Justification for Her Arrest
"It is unthinkable that a person in a free society could be snatched from the street, imprisoned, and threatened with deportation for expressing an opinion the government dislikes," says FIRE.
Trump's Tariffs Usurp the Legislature's Tax Power
The president’s sweeping import levies have no basis in the statute he cites.
Trump's Understanding of Due Process Is Just As Farcical As His Definition of 'Alien Enemies'
A new ACLU lawsuit argues that the government still is not giving alleged gang members the "notice" required by a Supreme Court order.
By Openly Retaliating Against Disfavored Law Firms, Trump Attacks Free Speech and the Right to Counsel
Two of his targets are seeking permanent injunctions against the president's blatantly unconstitutional executive orders.
Trump's Actions Contradict His Avowed Commitment to First Amendment Rights
The president has launched a multifaceted crusade against speech that offends him.
Treating Journalism As Consumer Fraud, Trump Claims Coverage of a Presidential Poll Was Not 'News Reporting'
The president's lawyers also conflate fraud with defamation, misconstrue the commercial speech doctrine, and assert that false speech is not constitutionally protected.
On Remand, the 5th Circuit Again Blocks a Lawsuit by a Texas Reporter Arrested for Newsgathering
Even if Laredo cops punished Priscilla Villarreal for constitutionally protected speech, the appeals court says, they would be protected by qualified immunity.
Joe Rogan Is Right: It Is 'Kind of Crazy' To Deport Innocent People Mistakenly Identified As Gang Members
The Trump administration says it is shameful even to suggest that immigration agents could make such errors.
Texas A&M's Drag Ban Shows the Threat to Campus Free Speech Is Bipartisan
Conservatives are picking up the unconstitutional weapons that intolerant progressives have deployed against them.
FIRE Says the Law Trump Is Using To Deport Mahmoud Khalil Is Unconstitutional. Trump's Sister Agreed.
As a federal judge, Maryanne Trump Barry said the provision is unconstitutionally vague. That's especially problematic when it is used to punish speech.
Trump's Reading of the Alien Enemies Act Defies the Usual Meaning of Its Terms
To justify the immediate deportation of suspected Venezuelan gang members, the president is invoking a rarely used statute that does not seem to apply in this context.
A Federal Judge in Utah Orders Local Officials To Return a Religious Group's Psychedelic Sacrament
The ruling by U.S. District Judge Jill Parrish emphasizes that religious freedom must protect "unpopular or unfamiliar religious groups" as well as "popular or familiar ones."
A Nevada Math Professor Who Was Disciplined for Criticizing Curriculum Changes Will Get His Day in Court
The 9th Circuit revived a First Amendment lawsuit by Lars Jensen, who says his community college punished him for complaining about dumbed-down courses.
Mexico Aims To Reshape the U.S. Firearm Industry by Suing Gun Makers
The Supreme Court will decide whether this threat to the Second Amendment is legally viable.
Trump Tries To Carve Out a First Amendment Exception for 'Fake News'
The president's portrayal of journalism he does not like as consumer fraud is legally frivolous and blatantly unconstitutional.
Pervasive Police Corruption in Albuquerque Explains Why a Teetotaler Was Arrested for DWI
A driver who was acquitted of drunk driving joins a class action lawsuit provoked by a bribery scheme that went undetected for decades.
The Disappointing Results of Trump's 'Deferred Resignation' Plan Are Part of a Pattern
Elon Musk, the president's cost-cutting czar, has a habit of overpromising and underdelivering.
What Is the SEC Hiding?
To settle with the Securities and Exchange Commission, you must swear silence.
Trump Is Flat-Out Lying About the 60 Minutes Interview With Harris
The full transcript shows the president's complaints about the editing of the interview are not just wildly hyperbolic and legally groundless. They are demonstrably false.
Why Is Paramount So Keen To Settle Trump's Laughable Lawsuit Against CBS?
The company is worried that the president's complaints about a 60 Minutes interview with Kamala Harris could block a pending merger.
Decrying First Amendment Threat, FIRE Will Defend Pollster Whom Trump Sued for 'Consumer Fraud'
The president-elect frivolously claims that J. Ann Selzer and The Des Moines Register owe him damages because of an erroneous preelection poll.
Medical Marijuana Legalization Takes Effect in Nebraska After Lawsuit Dismissal
Voters overwhelmingly favored the new policy, which a former state legislator unsuccessfully tried to block.
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.
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.
