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The Latest Breaking News from Oliver Wendell Holmes Jr

Journal of Free Speech Law: "The Enigma of Gitlow: Positivism, Liberty, Democracy, and Freedom of Speech," by Robert Post

The keynote address from the "Gitlow v. New York at 100" symposium, held this year at the Arizona State University Sandra Day O'Connor College of Law; other papers from that symposium will be published here in the coming weeks.

Amy Coney Barrett's Case for Originalism Falls Short

The Supreme Court justice’s new book fails to practice the historical fidelity it preaches.

Insurance for natural disasters is failing homeowners − I don’t have the answers, but I do know the right questions to ask

Insurance for natural disasters is failing homeowners − I don’t have the answers, but I do know the right questions to ask

The wildfires that have devastated large parts of Los Angeles County have drawn fresh attention to the struggles many Americans face insuring their homes.

The Conversation

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"I could carve a judge with more backbone out of a banana"

What stuff are the Court's middle three Justices made of?

Study Estimates Nearly 96% of Private Property Is Open to Warrantless Searches

The Institute for Justice says its data show that a century-old Supreme Court doctrine created a huge exception to the Fourth Amendment.

Two Quotes: Hamilton and Holmes

Alexander Hamilton, The Federalist No. 70: Men often oppose a thing, merely because they have had no agency in planning it, or because it may have been planned by those whom they dislike. But if they have been consulted, and have happened to disapprove, opposition then becomes, in their estimation,…

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.

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Time to extinguish the claim that you can’t yell ‘fire in a crowded theater’

Time to extinguish the claim that you can’t yell ‘fire in a crowded theater’

A court decision against a Louisiana man who made a COVID joke illustrates the continuing influence of a misbegotten, century-old analogy that is frequently used as an excuse to punish or censor constitutionally protected speech.

Chicago Sun-Times

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."

A Connecticut Couple Challenges Warrantless Surveillance of Their Property by Camera-Carrying Bears

A Connecticut Couple Challenges Warrantless Surveillance of Their Property by Camera-Carrying Bears

The lawsuit looks iffy in light of the Supreme Court's "open fields" doctrine.

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