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 ...

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 ...

Writing in concurrence, Justice Brett Kavanaugh claimed that it was only "common sense" to allow immigration agents to stop ...

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 ...

That approach "improperly narrow [ed] the requisite Fourth Amendment analysis," Kagan held. "To assess whether an officer ...

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 ...

I posted yesterday about why I wrote my new book, The Digital Fourth Amendment. In this post, I want to give an overview of the book. What's the subject, and what's the argument? Welcome to 2025. If ...

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 ...

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 ...

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 ...

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 ...

In April 2018, a remarkable event occurred that forever impacted criminal investigations. The Golden State Killer was finally arrested. And, more interestingly, was the method law enforcement used to ...