Part of the Murthy v. Missouri challengers' claim is that the First Amendment bans the government from even "substantially encouraging" private entities to block user speech. And as I noted in the ...

Happy New Year, and welcome to the latest edition of the Injustice System newsletter. We have a bit of a conundrum to puzzle ...

When I first watched White House “border czar” Tom Homan’s rant about how immigration agents can indiscriminately detain people based on physical appearance, I was aghast. Not because it was happening ...

The Fourth Amendment provides a critical privacy right against intrusions by government officials. Indeed, it creates three layers of protection. First, it broadly prohibits unreasonable searches and ...

This essay in the print edition of Reason argues that courts should overturn the "open fields" doctrine of the Fourth Amendment: In a decision issued at the dawn of Prohibition, the 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 ...

It has been seven years since Professors William Baude and James Y. Stern published “The Positive Law Model of the Fourth Amendment” in the Harvard Law Review. Early this year, Professors Danielle ...

In September, the Supreme Court rendered obsolete the Fourth Amendment’s prohibition on suspicionless seizures by the police. When the court stayed the district court’s decision in Noem v. Vasquez ...

POLK COUNTY, Fla. — Polk County Sheriff Grady Judd is often an outspoken supporter of the Second Amendment. But this week, the sheriff is wading into debate over a different constitutional right — the ...

Paul G. Summers, a lawyer, is a former appellate and senior judge, district attorney general, and the attorney general of Tennessee. The U.S. Constitution is the supreme law of America. Amendments are ...

In September, the Supreme Court rendered obsolete the Fourth Amendment’s prohibition on suspicionless seizures by the police. When the court stayed the district court’s decision in Noem v. Vasquez ...

The Federalist Society produced a webinar recently that I found fascinating, not only because I was a panelist. There was a marked divergence of opinion on Fourth Amendment law. I believe I know where ...