The Arbitrary Ban on Gun Possession by Drug Users Invites Wildly Uneven Enforcement
Violators are rarely caught, while the unlucky few who face prosecution can go to prison for years.
Civil Liberties
Plaintiff Professor's Losing Libel Lawsuit May Lead to His Former Lawyers Foreclosing on His Home
(Part of the fees also stemmed from defending against Ohio State's investigating his alleged research misconduct.)
By Trying To 'Move On,' DeSantis Admits His Fight With Disney Was a Political Stunt All Along
It was never a principled fight against special privileges granted to a private company.
Journal of Free Speech Law: "Freedom of Speech and AI Output," by Profs. Mark Lemley and Peter Henderson and Me
Just published, closing out our symposium on Artificial Intelligence and Speech.
'This Is Not an Emergency'
How Florida prison officials let a man's prostate cancer progress until he was paralyzed and terminally ill.
D.C. Circuit Revives Viewpoint Discrimination Suit Against District of Columbia
The District allowed "Black Lives Matter" protestors to violate the city's defacement ordiance, but enforced the law against groups with a different political message.
The Battlefields of Cable
How cable TV transformed politics—and how politics transformed cable TV
Why Stripping Fox's Broadcast License Is a Terrible Idea
Plus: A listener inquires about the potential positive effects of ranked-choice voting reforms.
Cops Invented a Reason To Cite Man Who Flipped Them Off
Body camera footage shows that Delaware police cited Jonathan Guessford for flipping them off, even though they later agreed it was his right to do so
Owner of Kansas Newspaper Dies Amid 'Shock and Grief' After Police Raid
Plus: New Zealand libertarianism, Barbie economics, and more...
The IRS Misplaced Millions of Taxpayer Records. Again.
The only effective means of keeping tax collectors from misusing data is keeping it from them.
Journal of Free Speech Law: "Where's the Liability in Harmful AI Speech?," by …
Profs. Peter Henderson, Tatsunori Hashimoto, and Mark Lemley, just published in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
Journal of Free Speech Law: "Generative Artificial Intelligence and Trade Secrecy," by Prof. David S. Levine
Just published, in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
Journal of Free Speech Law: My "Large Libel Models? Liability for AI Output"
Just published, in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
Idaho Keeps Scheduling This Inmate's Execution Even Though It Lacks the Means To Kill Him
A federal judge ruled in favor of an Idaho death-row inmate who says that the state is "psychologically torturing" him.
5th Circuit Says Prosecuting a Cannabis Consumer for Possessing Guns Violated the Second Amendment
The decision casts further doubt on the constitutionality of a federal law that makes it a felony for illegal drug users to own firearms.
A Louisiana Man Was Jailed for Criticizing Police. A Federal Court Wasn't Having It.
The decision supports the notion that victims are entitled to recourse when the state retaliates against people for their words. But that recourse is still not guaranteed.
Journal of Free Speech Law: "The European Liability Regime For Large Language Models"
"Is It a Platform? Is It a Search Engine? It's Chat GPT!," by Prof. Beatriz Botero Arcila, just published in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
Journal of Free Speech Law: "An AI's Picture Paints a Thousand Lies: Designating Responsibility for Visual Libel,"
by Prof Jon M. Garon, just published in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
Journal of Free Speech Law: "Bots Behaving Badly: A Products Liability Approach to Chatbot-Generated Defamation,"
by Prof. Nina Brown, just published in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
Police Reform and Police Recruitment Don't Have To Be at Odds
Better policing could solve the police-recruiting crisis.
Review: The Peculiar Politics of Killer Mike
The rapper is a Bernie Sanders supporter who speaks out about gun rights and free speech.
Immigration, Invasion, and Habeas Corpus
If Texas is right to argue that illegal immigration and cross-border drug smuggling qualify as "invasion," then the writ of habeas corpus can be suspended at any time - thereby enabling executive detention without trial.
Journal of Free Speech Law: "Section 230 Won't Protect ChatGPT," by Prof. Matt Perault
Just published, in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
Twitter Fined for Failing To Quickly Turn Over Trump Data to Jack Smith
Plus: A warning about trigger warnings, Biden blocks uranium mining near Grand Canyon, and more...
Political Activist Brandon Straka Loses Jan.-6-Related Libel Lawsuit Against NBC
"The material challenged in the plaintiff's complaint cannot be understood by a reasonable person as anything but substantially, if not literally, true."
Journal of Free Speech Law: "Negligent AI Speech: Some Thoughts About Duty," by Prof. Jane Bambauer
Just published, in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
Supreme Court Lets Biden's 'Ghost Gun' Regulations Stand Pending Ongoing Lawsuit
The plaintiffs in VanDerStok think that BATF's 2022 regulations defining certain gun-making kits as legally the same as guns overreached its constitutional authority.
Alleged "Psychic Intuition" Isn't Enough to Make a Federal Claim "Plausible" Enough to Withstand Dismissal
An allegedly psychic "Internet sleuth" alleged a professor was involved in the University of Idaho student murders; the professor sued; then the "sleuth" countersued.
Why Kamala Harris Won't Be Asked About the Suicide of a Newspaperman She Persecuted
When it comes to conflicts with people engaged in unpopular or disfavored speech, too many journalists side with the feds.
Qualified Immunity May Shield FBI Agents Who Abused the No-Fly List
The feds routinely abuse people’s rights and claim they shouldn’t be held accountable.
A Ham-Handed Bill Attacks the First Amendment in the Name of Protecting Minors From Online Harm
The Kids Online Safety Act imposes an amorphous "duty of care" that would compromise anonymous speech and restrict access to constitutionally protected content.
Video Privacy Protection Act Claim Can Go Forward Against Google Based on Google's Alleged …
disclosure of an elementary school student's YouTube video watching history to the school, which was investigating him for supposed sexual harassment of teacher.
Texas Attorney General Blocks Injunction, Will Keep Enforcing Anti-Abortion Law
For now, doctors who end pregnancies when a woman’s life is at risk can still be prosecuted.
Ohio's Issue 1 Doesn't Mention Abortion. But That's Why People Are Voting Today.
Plus: What media gets wrong about "book bans," Yellow Corporation to default on $700 million pandemic aid loan, and more...
Virginia Court Rejects Retroactive Attempt to Seal Name Change Records
The decision came despite the applicant's objection, ten months after the name change, that the change was needed to prevent "potential endangerment and/or discrimination through publicly disclosed record of the transgender applicant."
Here Is Why Trump's Lawyers Say His Post-Election Conduct Was Constitutionally Protected
When he alleged fraud and sought help from government officials, they say, Trump was exercising rights guaranteed by the First Amendment.
Have We Lost Track of the Trump Indictments Yet?
Plus: Why don't journalists support free speech anymore?
Ukraine's Sluggish Counteroffensive Raises Questions About U.S. Support
Should the U.S. continue to bankroll the counteroffensive?