Law & Government
DHS is getting copyright strikes for music in its deportation videos
As masked Immigration and Customs Enforcement (ICE) agents deploy to U.S. cities, the Trump administration is also running a social media campaign. Its effort to stay viral online is colliding with copyright law. Between…
Is it legal to record video of ICE agents?
The Trump administration believes you don't have the right to record Immigration and Customs Enforcement (ICE) officers in public. This stance is both factually wrong and an attempt to chill free speech by conflating it…
Did Marco Rubio lie to Congress about Venezuela?
As the Senate considered a resolution that would have blocked the Trump administration from using military force against Venezuela, Secretary of State Marco Rubio reportedly gave a classified briefing to key members of…
Prof. Jack Goldsmith (Harvard Law) “On the Legality of the Venezuela Invasion”
This isn't my field, so I can't offer any independent judgment on it—but it is Goldsmith's, and I generally think his work is well-informed, thoughtful, and fair-minded, so I thought I'd pass along his…
Did Brett Kavanaugh just apologize for butchering the Fourth Amendment? Maybe.
Happy New Year, and welcome to the latest edition of the Injustice System newsletter. We have a bit of a conundrum to puzzle over today, so let's get started. You’re reading Injustice System from Damon Root and Reason.…
L.A. man sued after police blew up his business. Courts say he gets nothing.
The Takings Clause of the 5th Amendment "was designed to bar Government from forcing some people alone to bear public burdens," the Supreme Court said in Armstrong v. United States, "which, in all fairness and…
The Fourth Amendment’s erratic year at the U.S. Supreme Court
The right to be free from unreasonable search and seizure had an up-and-down sort of year at the U.S. Supreme Court. Back in May, the Court delivered a 9–0 decision that left civil libertarians cheering for its expansion of…
Mercy Otis Warren, the Founding Mother who opposed the Constitution
Among the many yellowing paperbacks on my shelves is a copy of The Anti-Federalist Papers and the Constitutional Convention Debates. It's a sort of greatest hits collection of contemporaneous arguments for and against…
A bipartisan push to revive the Robinson-Patman Act could make grocery prices even higher
Groceries, like almost everything these days, are seeing prices rise. Millions of Americans have tempered some of these hikes by purchasing bulk goods at wholesale prices at warehouse club retail stores such as Costco,…
Yes, the First Amendment applies to non-citizens in the U.S.
The First Amendment says that "Congress shall make no law…abridging the freedom of speech." But one prominent conservative judge, whose name has been mentioned as a possible U.S. Supreme Court nominee by President…
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