Joshua Windham

Senior Attorney

Memberships

The North Carolina Bar

Joshua Windham is a senior attorney at the Institute for Justice and the co-director of IJ’s Project on the Fourth Amendment. He earned his J.D. from the University of North Carolina School of Law in 2016. Since joining IJ, Josh has focused on defending property rights and economic liberty in state and federal courts across the country. 

Josh’s property rights cases have defended ordinary Americans against unreasonable searches of their land, seizures of their property, and surveillance of their movements and private lives. In particular, Josh is an expert on the open fields doctrine—the misguided legal rule that government officials may search private land without a warrant. 

For example, Josh was the lead attorney in Punxsutawney Hunting Club v. Pennsylvania Game Commission and Rainwaters v. Tennessee Wildlife Resources Agency, in which the Pennsylvania Supreme Court and Tennessee Court of Appeals, respectively, held that their state constitutions require a warrant to search land that is visibly marked as private. And he has written several articles on the open fields doctrine’s scope, flaws, and harms, including Good Fences? Good Luck, The Open Fields Doctrine Is Wrong, and Hunting Open Fields. 

Josh’s economic liberty cases have defended entrepreneurs and small businesses against irrational licensing laws, certificate of need laws, and healthcare restrictions. He was the lead attorney in Ladd v. Real Estate Commission, in which the Pennsylvania Supreme Court held that the Pennsylvania Constitution demands greater protection for economic liberty than the U.S. Constitution. His forthcoming law review article, The Right to Earn a Living in Pennsylvania, reinforces that decision. 

Joshua's Cases

Landowners Sue to Stop Warrantless Searches 

4th Amendment Project | Open Fields Doctrine | Other Property Rights Abuses | Private Property

Landowners Sue to Stop Warrantless Searches 

For years, wildlife officers in Pennsylvania have been ignoring the privacy rights of hunters under the so-called “open fields doctrine,” which posits that private land doesn’t receive privacy protections. This IJ suit challenges the constitutionality of this doctrine, and seeks to protect the Fourth Amendment rights of all Pennsylvanians.

Institute for Justice Asks U.S. Supreme Court to Hold Government Officials Accountable For Destroying Idaho Home with Grenades

Immunity and Accountability | Private Property | Rule of Law

Institute for Justice Asks U.S. Supreme Court to Hold Government Officials Accountable For Destroying Idaho Home with Grenades

If you tell police they can go into your home, does that mean they can also legally stand outside and pepper it with shotgun-fired tear gas grenades—destroying everything inside? That is the question asked by a petition to the Supreme Court of the United States filed by IJ on behalf of Idaho resident Shaniz West.

Texas Bans Doctors from Offering Medication to Their Patients Just to Protect Pharmacies from Competition

Economic Liberty | Health

Texas Bans Doctors from Offering Medication to Their Patients Just to Protect Pharmacies from Competition

In most states, patients can purchase medication directly from the doctor prescribing it. But in Texas, doctors are banned from dispensing unless they practice in certain “rural” areas more than 15 miles from a pharmacy—a condition that prevents the overwhelming majority of Texas doctors from providing this beneficial service. Dr. Michael Garrett has teamed up with IJ to push back against this unconstitutional ban.

AirBnB Property Manager Files Constitutional Challenge To Pa. Real Estate Licensing Regime

Economic Liberty | Occupational Licensing

AirBnB Property Manager Files Constitutional Challenge To Pa. Real Estate Licensing Regime

Sally helps people list their homes for short-term vacation rentals, but one day she received a call from the Pennsylvania Department of State arguing she was engaging in unlicensed real estate. She was told she would need to spend three years working for an established broker, pass two exams, and set up her own brick-and-mortar office in Pennsylvania. Instead, she enlisted the help of IJ to fight back against this unreasonable restriction on her economic liberty.

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Joshua's Research & Reports

4th Amendment Project | Open Fields Doctrine

The Open Fields Doctrine Is Wrong

This year marks the centennial of the Fourth Amendment “open fields” doctrine. That doctrine holds that the vast majority of private land in the United States receives zero Fourth Amendment protection—and thus government officials…

Good Fences? Good Luck

4th Amendment Project | Open Fields Doctrine

Good Fences? Good Luck

Released in the Cato Institute’s Regulation magazine, IJ’s study “Good Fences? Good Luck” is the first study to put a number on the amount of private property vulnerable to warrantless searches by federal agents thanks to a…

Joshua's Amicus Briefs

Joshua's Legislation

4th Amendment Project | Open Fields Doctrine

Protecting Real Property From Warrantless Searches Act

A State Solution to the Open Fields Doctrine Under the Fourth Amendment  The Fourth Amendment protects the right to be secure from government’s power to search and seize. Ordinarily, courts enforce that right by…

Joshua's News, Articles & Publications

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Joshua's Hearings

North Carolina CON Law Oral Argument

  • North Carolina Supreme Court
  • April 17, 2024

On April 17, 2024 the Institute for Justice (IJ) presented oral argument before the Supreme Court of North Carolina presenting the theory that Dr. Jay Singleton’s constitutional right to economic liberty had been violated.

Joshua's Letters & Statements

Joshua's Podcasts

August 03, 2026

Unpublished Opinions 26 | The Batman Approach

John Wrench is joined by Kirby West and Josh Windham to discuss some of the major threats to liberty, including warrantless mass surveillance, the facial/as-applied […]

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February 03, 2026

Unpublished Opinions 22 | The Lorax Doctrine

John Wrench welcomes Josh Windham and Kirby Thomas West for a gameshow episode that proves Schiller’s insight that one becomes fully human through play. A […]

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November 19, 2025

Unpublished Opinions 20 | And Fascism

Your IJ roundtable is back with hot takes and tepid reflection. John Wrench, joined by Sam Gedge and Josh Windham, share tips on how to […]

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July 31, 2025

Unpublished Opinions 17 | Stand By

Lots of hot takes on the Supreme Court, the Supreme Court, and even as varied a subject as the Supreme Court. With sub-categories: whether the […]

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December 08, 2023

Mr. Thornton's Woods | Season 3, Ep. 1

In 1984, the Supreme Court ruled that the Fourth Amendment’s protections against warrantless searches do not apply to “open fields.” Which means that government agents […]

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June 21, 2021

Supreme Court Shuts Down Police on Entering Your Home Without a Warrant

The government argued that if police aren’t investigating a crime, they should be able to access your property

This term, the U.S. Supreme Court issued a unanimous opinion in Caniglia v. Strom, a case about the “community caretaking” exception to the general principle […]

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