No First Amendment Right to Display Van as "Lawn Ornament"
And that's so even if the van is red, white, and blue.
Volokh Conspiracy
Does Jury Nullification Undermine the Rule of Law?
In theory, yes. But not in the world we actually live in, where law enforcement is already rife with numerous discretionary decisions made unavoidable by the fact that we have far too many laws.
The United States Is Both a Republic and a Democracy
"Democracy" has long included representative democracy as well as direct democracy; and "Republic" was used by the Framers to refer to regimes that were not representative.
Lebanon Bans "The Post"
The reason: Steven Spielberg shot some scenes for Schindler's List in Israel.
The Effects of Collective Bargaining in the Public Sector
New research seems to show adverse consequences from allowing collective bargaining for teachers and cops
Short Circuit: A roundup of recent federal court decisions
Killing economic liberty, killing killer owls, and inappropriate dolphin sex.
Where Are the Supreme Court's Opinions?
The Supreme Court is releasing opinions at the slowest rate in over a century.
Yes, the Positive Law Model of the Fourth Amendment is Originalist
Orin asked me to correct the record; I'm correcting it.
Three Reactions to the Oral Argument in Byrd v. United States
The Justices grappled with some hard questions in the rental car Fourth Amendment case. Here are some reactions.
Cato Unbound Symposium on "The Captured Economy"
The symposium focuses on Brink Lindsey and Steve Teles' important new book describing how several forms of government regulation slow economic growth, increase inequality, and reduce opportunities for the poor.
Third Libel Law Defeat for "Badass Lawyer" Todd Levitt
It's a fine line between being a "badass" and ....
Court Vacates Ban on "Memes" That Depict Local Community Activist
Richard Rynearson's online criticisms of Clarence Moriwaki, the court held, were protected by the First Amendment, and thus couldn't justify an antistalking order.
The Public Domain is So Hungry
At the close of this year, for the first time since 1997, copyrighted works will fall into the public domain, free for all to use.
California Bill Cutting Back Zoning Could Increase Access to Housing and Jobs for Millions
By greatly reducing zoning restrictions on housing construction, Bill 827 could massively expand opportunity for large numbers of people.
Short Circuit: A roundup of recent federal court decisions
A game of chicken, a chicken raid, and a family unfriendly food truck.
Exciting Developments in Supreme Court Appellate Jurisdiction
Some would call it the second coming of Marbury v. Madison.
Trump v. Bannon et al.
Does Donald Trump have a cause of action for breach of contract against Steve Bannon? [UPDATED 1/9/18]
Jeff Sessions Escalates the Federal War on Marijuana—and his Assault on Federalism
The attorney general's reversal of an Obama policy limiting prosecution of marijuana businesses in states that have legalized marijuana is a limited, but potentially dangerous step.
Will AG Sessions Make Federalism Go Up in Smoke?
The Attorney General's threat to federally prosecute marijuana businesses in non-prohibition states is lawful, but contrary to federalism principles.
Demise of Trump Voter Fraud Commission Is a Victory for Federalism
The President shut down the commission because numerous states refused to turn over voter data, citing concerns about privacy and state sovereignty.
Can Land Uninhabitable by an Endangered Species Nonetheless Be 'Critical Habitat' Under the Endangered Species Act?
The Supreme Court is asked to review an expansive interpretation of the Fish & Wildlife Service's authority to designate critical habitat for listed species.
You Fiend—You Used Google Street View in Committing Your Crime!
A 2010 Louisiana statute calls for an extra year in prison if you use such an atrocious tactic.
Lindsay Lohan, Grand Theft Auto V, the First Amendment, and the Right of Publicity
An amicus brief we recently filed in an interesting and important New York high court case.
A Few Thoughts on Collins v. Virginia
My take on a Fourth Amendment case that will be argued next Tuesday.
Is Lucia Still Cert-Worthy?
While the Trump Administration supports Supreme Court review, it's not clear there's enough in the case to interest the justices.
When Judges Rule from Beyond the Grave
It seems some judges hold their offices for life . . . at least.
Short Circuit: A roundup of recent federal court decisions
Tactile cash, new lead paint rules, and bedding for illegal immigrants.
Four Thoughts on Byrd v. United States
When do unauthorized drivers have Fourth Amendment rights in rental cars?
Patient Privacy and Transgender Medical Professionals
An interesting incident from England, as reported by the Sunday Times.
Can California Stop Employers From Consenting to Federal Immigration Inspections?
An interesting federalism question raised by a new law that goes into effect on Monday.
Hillary Clinton Is "Most Admired" Woman by Americans
Reports a Gallup poll -- which also reports that a whopping 9% of respondents so labeled her (and her favorability-unfavorability rating is 36%-61%).
Should You Lose Your Liquor License Partly Because You Rudely Criticized Police?
Yes, said San Antonio police officers, arguing that a bar's license shouldn't be renewed -- "those remarks show what kind of people Bottom Bracket's owners really are and that they should not be allowed to operate a bar."
College Presidents Say: "Hate Speech Is Not Free Speech"
But there's no "hate speech" exception to the First Amendment.
Interesting Story on Black Gun Ownership
In the Huffington Post, not usually a source of positive views on guns.
California Prosecuting Man for Insulting Posts on Islamic Center's Facebook Page
The government's theory would equally criminalize insulting posts on a NRA page, or on a pro-Trump organization's page, or on a Communist Party page.
Atheist Arrested in Bangladesh—Atheism Might Be Banned in Egypt
Two recent stories in the news, plus a third item about Malaysia.
Public Ignorance and GMO Foods
Fear of GMO foods is an example of the broader problem of political and scientific ignorance.
James Zogby: Calling Hummus "Israeli Food" = "Cultural Genocide"
Zogby is a Democratic National Committee member, Chair of The [Bernie] Sanders Institute, and founder and president of the Arab American Institute.
Oregon Court Holds That Statements Opposing Same-Sex Marriage Weren't Illegal Threats of Discrimination
A separate holding from today's Klein v. BOLI (Sweetcakes by Melissa case), from the Oregon Court of Appeals.
