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Texas and Florida Say the First Amendment Must Be Sacrificed to Save It: Supreme Court Arguments About Two Social Media Laws Highlight a Dangerous Conflation of State and Private Action Feb. 28, 2024
A social media platform is like a telegraph, Texas Solicitor General Aaron Nielson told the Supreme ... Read More
Two New York Cases Lend Credibility to Trump's Complaint of Partisan Persecution: Neither Manhattan DA Alvin Bragg Nor New York Attorney General Letitia James Can Explain Exactly Who Was Victimized by the Dishonesty They Cite Feb. 21, 2024
As Donald Trump tells it, all of the civil and criminal cases against him are part of a Democratic c... Read More
Did Decriminalization Boost Drug Deaths in Oregon?: Recent Research Finds 'No Evidence' That It Did, Undermining a Key Claim by Critics of That Policy Feb. 14, 2024
Oregon is considering legislation that would recriminalize low-level drug possession, reversing a la... Read More
Based on Loose Reasoning, a Federal Judge Upholds the Gun-Free School Zones Act: The Decision Likens the Federal Law to Reconstruction Era Restrictions on Firearms Near Polling Places Feb. 07, 2024
A federal law prohibits gun possession within 1,000 feet of an elementary or secondary school. That ... Read More
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 Jan. 31, 2024
Five years ago, the Harris County, Texas, Institute of Forensic Sciences sent me reports on the auto... Read More
Accused of Dictatorial Ambitions, Trump Doubles Down on Authoritarianism: His Understanding of Effective Leadership and Policing Should Repel Anyone Who Cares About Civil Liberties and the Rule of Law Jan. 24, 2024
Donald Trump, a longtime admirer of foreign autocrats, recently has been inveighing against the dang... Read More
The Chevron Doctrine Discomfits the Weak: Excessive Judicial Deference Gives Administrative Agencies a License to Rewrite the Law in Their Favor Jan. 17, 2024
In two cases the Supreme Court is considering, herring fishermen in New Jersey and Rhode Island are ... Read More
Gavin Newsom Defies the Supreme Court's 'Very Bad Ruling' on the Right to Bear Arms: California Made Carry Permits Easier to Obtain but Nearly Impossible to Use Jan. 10, 2024
California Gov. Gavin Newsom thinks the Constitution should be amended to accommodate the gun regula... Read More
Former NIH Director Says Ignoring 'Collateral Damage' Inflicted by COVID-19 Policies Was 'Really Unfortunate': Francis Collins' Remarks Highlight the Folly of Attaching 'Infinite Value' to a Life Saved by Government Regulation Jan. 03, 2024
As federal officials considered how the government should respond to an emerging pandemic in 2020, F... Read More
'I Relied on Others,' 'Documents Were Filed in the Wrong Place,' and Other Memorable Excuses: The Year's Highlights in Blame Shifting Dec. 27, 2023
After two former Georgia election workers sued Rudy Giuliani for falsely accusing them of committing... Read More
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 Dec. 20, 2023
In a recent CNN poll, 71% of Republicans said Joe Biden "did not legitimately win enough votes to wi... Read More
Hunter Biden's Multiplying Charges Exemplify a Profound Threat to Trial by Jury: Prosecutors Have Enormous Power to Coerce Guilty Pleas, Which Are the Basis for Nearly All Convictions Dec. 13, 2023
Under a plea deal that fell apart last July, Hunter Biden would have spent no time behind bars after... Read More
O'Connor's Parting Dissents Highlighted the Twin Perils of Local Tyranny and Federal Overreach: The Late Supreme Court Justice Eloquently Defended Property Rights and State Autonomy Dec. 06, 2023
The month before Justice Sandra Day O'Connor announced her retirement in 2005, she dissented from Su... Read More
Laws Requiring Permission to Obtain Guns Look Vulnerable: The 4th Circuit's Rejection of Maryland's Handgun Licensing System Suggests Similar Schemes in Other States Are Unconstitutional Nov. 29, 2023
According to a landmark 2022 Supreme Court decision, the Second Amendment constrains the requirement... Read More
Trump Gag Order Raises Unsettled Constitutional Questions: A D.C. Circuit Judge Says the Government's Defense of the Order Gives Short Shrift to 'the First Amendment's Vigorous Protection of Political Speech' Nov. 22, 2023
"I'll be the only politician in history" who "won't be allowed to criticize people," former Presiden... Read More
The Supreme Court Should Not Let Bureaucrats Invent Crimes by Rewriting the Law: The Trump Administration's Unilateral Ban on Bump Stocks Turned Owners of Those Rifle Accessories Into Felons Nov. 15, 2023
On Dec. 26, 2018, every American who owned a bump stock, a rifle accessory that facilitates rapid fi... Read More
Remember the Teen Vaping 'Epidemic'? Policies Inspired by That Exaggerated Threat Continue to Undermine the Harm-Reducing Potential of E-Cigarettes Nov. 08, 2023
Remember the "epidemic" of underage nicotine vaping? For years, activists, politicians and public he... Read More
Jews, Like Palestinians, Are 'Indigenous' to the Middle East: The Hamas-Embraced Idea That Jews Have No Place in Israel Fosters Extremism on Both Sides Oct. 18, 2023
Leftists who openly celebrated the horrifying Hamas attacks in southern Israel argued that the end &... Read More
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 Oct. 11, 2023
During a 2016 Black Lives Matter protest in Baton Rouge, Louisiana, someone picked up a rock or a pi... Read More
Defenders of the Florida and Texas Social Media Laws Contradict Themselves: If Facebook et al. Are Pushing a 'Radical Leftist Narrative,' Why Don't They Have a Constitutional Right to Do That? Oct. 04, 2023
Social media companies argue that their content moderation decisions are a form of editorial discret... Read More
