April 30, 2021

Law for Non-Lawyers - Standards of Review (A Deep Dive Best of)

Why do property, economic, and other vital liberties get only “rational basis” review?

What does it mean when courts apply “strict scrutiny” in their review of a law? Why do property, economic, and other vital liberties get only […]

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April 13, 2021

Bitcoin and the Constitution: Is Code Speech?

And Can the 4th Amendment Keep the Government Out of Your Crypto?

Although Bitcoin and other cryptocurrencies are hitting the mainstream, the way the law will treat them is still undeveloped. In this episode, we talk about […]

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March 29, 2021

“Predictive Policing” Algorithm Creates a Dystopian Nightmare for Residents of This Florida Town

How One Sheriff’s Office Harasses and Arrests Citizens It Suspects of Future Crimes

When the Institute for Justice filed suit against the so-called predictive policing program in Pasco County, Florida, the Sheriff’s Office issued a statement saying that […]

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March 11, 2021

Talking to a Client in the Wrong Location Makes This Counselor a Criminal

Restrictions on teletherapy hurt people and violate the First Amendment

Elizabeth Brokamp is a professional counselor who just wants to help people at a time when many Americans need it more than ever. But if […]

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February 24, 2021

Uses (and Misuses) of Amicus Briefs | (A Deep Dive Best Of)

The Whys, Whens, and Hows of Being a Friend of the Court

IJ Senior Attorneys Robert McNamara and Paul Sherman discuss amicus briefs: what they are, where they came from, and how IJ—and others—use them for maximum […]

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February 08, 2021

Censorship, Dangerous Speech, and Monopolies

Why a modern day Fairness Doctrine isn’t the solution, what Section 230 really does, and what the current debate has to do with free speech, property rights, and even shopping malls in the 1980s

Big technology companies like Google, Twitter, and Facebook have come under scrutiny for the ways they are—and are not—controlling speech on their platforms. In today’s […]

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January 29, 2021

Security Guards Assault Innocent Vet at the VA—and Claim Immunity

An outrageous decision from the 5th Circuit threatens his rights—and those of everyone in three states

What should have been a routine dental appointment at his local VA took a frightening turn for 70-year-old Jose Oliva when security guards tackled him […]

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January 12, 2021

This Is What Happens When States Abolish Civil Forfeiture

Research shows that policing for profit is a big problem—but it’s one that states can fix

In 2015, New Mexico abolished a controversial practice known as civil forfeiture. Critics of the reform claimed it would be a gift to criminals, increasing […]

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January 04, 2021

Qualified Immunity: Are Government Officials Above the Law? (A Deep Dive Best Of)

How Government Officials Can Blow Up Your House with Grenades—and Get Away With It by Claiming Immunity

Over the past several months, a national spotlight has been on the doctrine of qualified immunity. Although much of the recent focus has been on […]

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December 28, 2020

Property Rights and Homeless Shelters—What Has the Supreme Court Said?

How one local government board is trying to stop people from helping the homeless—and what the law says about whether they can

The Catherine H. Barber Memorial Homeless Shelter is the only option for people experiencing temporary homelessness in all of Wilkes County, North Carolina. It’s been […]

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December 22, 2020

When Can the Government Lock You in Your House? (A Deep Dive Best Of)

Revisiting “Quarantines and the Constitution”

With new lockdowns happening all over the country and internationally, we want to revisit the government’s use of police power. Just what does your state […]

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December 07, 2020

City Officials Threw an Elderly Woman in Jail for Criticizing Them—Then Claimed Immunity

How one Texas town retaliated against a citizen for trying to improve her community

Special investigators, trumped up charges, and a night in jail. What happened to Sylvia Gonzalez is truly outrageous—and the local government’s reaction to her efforts […]

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November 13, 2020

Can the Government Require Warning Labels for Veggie Burgers?

Why the First Amendment should protect the way companies talk about their products

In 2020, debates about veggie burgers and almond milk may sound like small potatoes. But controversies about how the government can regulate the way that […]

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October 16, 2020

Law for Non-Lawyers: Precedent

Most people think they know what “precedent” means in the law, but the concept is actually more complicated than most realize! Precedent is ancient, but […]

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September 29, 2020

California Says These Firefighters Can’t Work—and the Reason Makes No Sense

How a so-called collateral consequence law means California keeps experienced firefighters from earning a living fighting fires

Wildfires are raging across the West, and California is grappling with a record-breaking season. Why, then, does the state tell qualified firefighters that they can’t […]

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September 08, 2020

How Federal Agents Can Legally Take Your Money at the Airport

The simple trick the feds use to take hundreds of millions of dollars from travelers

Law enforcement agencies routinely seize currency from travelers at airports using civil forfeiture—a legal process that allows agencies to take and keep property without ever […]

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August 20, 2020

Did the Supreme Court Just Say States Have to Fund Religion?

Unpacking the Court’s Espinoza ruling

When it handed down Espinoza v. MT Dept. of Revenue this summer, the U.S. Supreme Court added one more facet to a year that has […]

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August 13, 2020

It’s Time to Fund Students, Not Systems

Why the future of education is student-centered

With an increasing number of parents desperately seeking educational alternatives for the upcoming school year, teachers’ unions and school districts are doubling down on the […]

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August 06, 2020

Can the Government Put Cameras on Your Property Without a Warrant?

Why the 4th Amendment Doesn’t Protect You Like You Think It Does

Decades ago, the U.S. Supreme Court created the so-called Open Fields Doctrine. The result was an exception to 4th Amendment restrictions on the government’s ability […]

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July 13, 2020

Court Strips Elderly Woman of Her Home and Ruins Her Life

A tree falls on an elderly woman’s home—and a court run without due process or oversight takes everything from her

After a tree fell on her house, IJ client Sarah Hohenberg’s journey through Memphis’ Environmental Court left her bankrupt, homeless, stripped of her possessions, and […]

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June 18, 2020

Why Won’t the Supreme Court Hold Police Accountable?

What’s next in the fight against qualified immunity

This term the U.S. Supreme Court closely considered eight different petitions dealing with the controversial doctrine of qualified immunity. Ultimately, it denied them all. In […]

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May 21, 2020

Can the Government Throw You Out of Work? (Not in Some States!)

Revitalizing Legal Protections for the Right to Earn a Living

With more Americans out of work than any time in recorded history, whether or not they will be able to earn a living is top […]

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April 30, 2020

Current Legal Challenges to COVID-19 Rules

As the coronavirus pandemic upends life and work, we dig into the latest virus-related legal developments.

We’ve all been watching the unprecedented situation with COVID-19 play out. At IJ, we have a particular interest in what’s happening in the law. This […]

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April 03, 2020

When Can the Government Lock You in Your House? Quarantines and the Constitution

IJ Attorneys Discuss States’ Police Powers

As we all deal with the many changes in day to day life brought about by the coronavirus pandemic, have you ever wondered just what […]

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March 06, 2020

How Government Officials Can Blow Up Your House with Grenades - and Get Away With It by Claiming Immunity

IJ’s new project on immunity and accountability, and why it is so important

Listeners of the podcast who have also listened to IJ’s Short Circuit podcast are probably familiar with the concept of “qualified immunity.” In this episode, […]

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December 16, 2019

Stories from IJ’s Front Lines

A Conversation with IJ President Scott Bullock About the Cases and Clients that Helped Shape IJ

Before he was IJ’s president, Scott Bullock spent 25 years as an IJ attorney. In this episode, he recounts his years in the trenches as […]

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November 22, 2019

Zoning, Excessive Fines and Other Hot Issues in the Law

And Why Judges Should Engage with Them

We talk with the director of IJ’s Center for Judicial Engagement about a few of the issues the legal community is buzzing about at the […]

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November 14, 2019

Law for Non-Lawyers - Due Process and Equal Protection

Learn the Basics of Constitutional Law

This discussion is a continuation of our foray into law for non-lawyers. Many people are familiar with the concepts of “due process” and “equal protection,” […]

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October 29, 2019

Law for Non-Lawyers - Standards of Review

Why do property, economic, and other vital liberties get only “rational basis” review?

What does it mean when courts apply “strict scrutiny” in their review of a law? Why do property, economic, and other vital liberties get only […]

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September 17, 2019

Previewing IJ's Next Case at the United States Supreme Court

What Blaine Amendments Have To Do with Educational Choice

Never heard the term “Blaine Amendments” before? The U.S. Supreme Court’s decision to hear IJ’s educational choice case Ezpinoza v. Montana Department of Revenue is […]

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