Yes, The First Amendment Does Protect So-Called ‘Hate Speech’

Even the most offensive speech is protected by the First Amendment.

Trump’s Former National Security Adviser Seeks Immunity Deal

Lt. General Michael Flynn wants immunity before he agrees to testify before Congress. This could be significant, or it could mean nothing at all.

Fourth Circuit Upholds Maryland’s Ban On So-Called “Assault Weapons”

The Fourth Circuit Court of Appeals has upheld Maryland’s ban on certain so-called “assault weapons,” but it’s unclear if the Supreme Court will even take up the case.

There’s a Criminal Defense Crisis In New Mexico, And Nobody Seems To Care

Public defenders in New Mexico are overworked, underfunded, and outmatched, but then that’s true pretty much everywhere in the country.

Support For Eliminating Electoral College Hits Two-Decade Low

Notwithstanding the election results, support for eliminating the Electoral College is at a 20-year low.

Would Senate Republicans Really Block Any Supreme Court Nomination Hillary Clinton Makes?

Two Republican Senators are exchanging barbs over the idea that the GOP should block any attempt by Hillary Clinton to nominate anyone to the Supreme Court if she becomes President.

Donald Trump’s Disturbing, Disqualifying Love Affair With Vladimir Putin

Donald Trump’s admiration and praise for the dictatorial leader of Russia should be sufficient reason to disqualify him from being President of the United States.

The Fourth Amendment Was Meant To Protect All Of Us, Not Just The “Innocent”

When it comes to the protections of the Fourth Amendment, it doesn’t matter if you’re “guilty” or “innocent,” it protects all of us.

Senate Rejects Post-Orlando Gun Control Efforts

As expected, the Senate rejected four gun control measures introduced in the wake of the attack in Orlando.

SCOTUS Declines To Review Case Challenging New York, Connecticut Gun Control Laws

Continuing a pattern that began six years ago, the Supreme Court has again declined to hear an appeal in a case involving a challenge to state gun control laws.

Court Of Appeals Rules 2nd Amendment Does Not Guarantee Right to Carry Concealed Weapons

The 9th Circuit Court of Appeals deals a setback to the gun rights movement.

Court Declines To Hear Case Involving Chicago Suburb’s Assault Weapons Ban

The Supreme Court has declined to accept an appeal challenging a law barring certain types of so-called ‘assault weapons’ in a Chicago suburb.

Protests At Princeton May Lead To Admitting Uncomfortable Truths About Woodrow Wilson

Protests by students at Princeton are causing some people to finally pay attention to some inconvenient truths about America’s 28th President.

Chicago Cop Charged With First-Degree Murder In 2014 Death Of 17 Year-Old African-American Male

A Chicago Police Officer has been charged with murder in the death of a 17 year old African-American male that, from the evidence that has been released, seems completely unjustifiable.

Supreme Court Considers Case Where Civil Asset Forfeiture And The Sixth Amendment Collide

The Supreme Court is now considering a case that deals with the problem of overly broad civil asset forfeiture laws and a Defendant’s right to counsel under the Sixth Amendment.

Gun Control Advocates May Not Like Political Reality, But They Can’t Ignore It

A new poll shows an up-tick in public support for some gun control measures, but gun control advocates can’t ignore the political reality that says those restrictions are unlikely to ever become law.

Supreme Court Rejects Challenge To Death Penalty

The Supreme Court rejected a challenge to the way the death penalty is administered, dealing a serious blow to opponents of the death penalty.

The Supreme Court as Sitting Constitutional Convention

Debating the proper role of the judiciary.

Gun Control Is No More Likely After Charleston Than It Was Before

Political reality shows us that the shootings in Charleston are not going to have any appreciable impact on the likelihood of any type of gun control law passing anywhere outside of the bluest of the blue states.

Man Complains Airline Made Him Pay to Sit Next to His Kid

We have unreasonable expectations for airlines.

Hillary Misrepresents Citizen’s United, Says She’ll Demand Promises To Overturn From Nominees

Hillary Clinton told supporters she’d require Supreme Court nominees to pledge to overturn Citizens United, a decision she completely misrepresented.

Tennessee Sacrifices Property Rights On The Altar Of ‘Gun Rights’

Legislators in Tennessee have taken the “gun rights” argument further than it was ever intended to go.

Rand Paul’s Pandering To Social Conservatives Likely To Turn Off Other Supporters

Rand Paul has been cozying up to social conservatives lately, but he risks alienating the people most likely to support his campaign for the White House.

Code Pink Scum interrupt Henry Kissinger Code Pink Scum interrupt Henry Kissinger

John McCain Calls Hearing Protesters ‘Low-Life Scum’

John McCain is not a fan of Code Pink.

Stealing Isn’t a Crime When Police Do It

Civil asset forfeiture gives “highway robbery” a whole new meaning.

Most PATRIOT Act ‘Sneak And Peek’ Warrants Used In War On Drugs, Not War On Terror

Not surprisingly, a law passed in the wake of the September 11th attacks has been used mostly for things that have nothing to do with terrorism.

Do We Need A Bigger House Of Representatives?

Would increasing the size of the House of Representatives be the cure for what ails Congress?

The Supreme Court Has A First Amendment Problem Right At Its Front Doorstep

The Roberts court has been very good on First Amendment issues, but it needs to address the First Amendment issue right outside its front windows.

Has Obama Institutionalized Bush’s Worst?

Dan Froomkin says Obama is as bad as Bush, if not worse.

Federal Judge Strikes Down D.C. Law Barring Carrying Handguns In Public

In a logical extension of the Supreme Court’s decision in D.C. v. Heller, a Federal Judge has struck down D.C.’s law barring people from carrying handguns in public.

Conservatives Attack Hillary Clinton For Being A Criminal Defense Attorney 40 Years Ago

Once again, Republicans are attacking someone for doing a job the Bill of Rights itself makes necessary and important.

Texas High School Student Suspended For Refusing To Stand During Pledge Of Allegiance

A pretty clear violation of the First Amendment.

Once Again, The Supreme Court Upholds Legislative Prayer

The Supreme Court has again ruled that prayers that open legislative sessions are not unconstitutional.

Supreme Court to Rule on Cellphone Searches

The Justice Department thinks police should be able to search the smart phones of anyone arrested for anything.

Hate Crimes, Freedom Of Speech, And Equal Protection Of The Law

Continuing the discussion from earlier this week on hate crimes.

Republicans Against The Sixth Amendment

Republicans attack an attorney for doing his job. So much for that whole “constitutional conservative” thing, I guess.

No Justice Stevens, We Don’t Need To “Fix” The Second Amendment

The Second Amendment isn’t broken, and you don’t fix things that aren’t broken.

Supreme Court Declines To Hear About “I ♥ Boobies” Bracelets

The Supreme Court turns down a case dealing with student’s First Amendment rights.

Ninth Circuit Strikes Down California Law On Carrying Guns In Public

Another Circuit Court finds that the Second Amendment protects a right to carry a weapon in public.

Federal Court Upholds Most Of New York State Gun Control Law

A Federal Judge in New York upholds, for the most part, that state’s new gun control law.

Federal Judge Rejects Challenge To N.S.A. Data Mining

Another Federal District Court ruling on the Constitutionality of the NSA’s data mining program, this time more favorable to the NSA.

‘We Thought He Was Going To Be The Next Messiah’

The President is neither messiah nor devil, and the media does the public no favors when it treats him as either.

Is Prayer At The Start Of A Legislative Session Constitutional?

Do prayers opening legislative sessions violate the First Amendment? The Supreme Court is set to decide that issue.

NSA Chief Apparently Finds Free Press To Be Very Inconvenient

NSA Director General Keith Alexander really doesn’t like the idea of a free press.

Despite Gridlock, Americans Prefer Divided Government To One-Party Rule

Divided government is the worst political system ever, except for all the others.

Of Course the NSA is Lying to You

My latest for The National Interest, “Clapper’s Bodyguard of Lies,” has posted.

Police Take Over Private Home, Giving Rise To Possible Third Amendment Violation

A case from Nevada provides another example of police abuse, and a possible claim arising under the long-forgotten Third Amendment.

The Fourth Of July And The Fourth Amendment

Contemporary Americans accept actions by the state that were once the cause for revolt.

SCOTUS Fumbles On The Fifth Amendment

Yesterday, the Supreme Court narrowly decided a case on the right against self-incrimination that is likely to do great harm to individual rights.