January 20, 2022

Will the Supreme Court Limit Police Power to “Stop and Frisk”?

Why so-called Terry stops are a threat to essential Fourth Amendment rights

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January 13, 2022

These Inspectors Think “Open for Business” Means “No Warrant Required”

In Ohio, wildlife inspectors think that the law gives them permission to come into private businesses without permission—no probable cause or warrant required

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January 05, 2022

When Can Your Past Bar You From a Job—And When Should It?

In Virginia, any one of 176 so-called barrier crimes can disqualify a person from work in certain occupations for life—no matter how old the conviction, how unrelated it is to the work the person desires to do, or how little it reflects the person’s fitness today. These laws kept IJ client Rudy Carey from fulfilling work as a substance abuse counselor for people he is uniquely fit to help. In today’s show, we talk about what happened to Rudy and how he is fighting against collateral consequences laws that are irrational and unjust.

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October 21, 2021

Grand Theft Auto in Wilmington, Delaware

How One City Cashes in on a Towing and Impound Racket

In Wilmington, Delaware, any car with more than $200 in outstanding fines can be towed by private towing companies. Vehicle owners have no way to […]

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September 28, 2021

IJ at 30: IJ President Scott Bullock on the Cases and Clients that Changed IJ and the Law (A Deep Dive Best Of)

IJ President Scott Bullock on the Cases and Clients that Changed IJ and the Law (A Deep Dive Best Of)

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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August 26, 2021

Will the Supreme Court overturn its infamous decision letting developers take your property?

From pipelines to private development, the high court is indicating an interest in doing a better job for property owners

Though Susette Kelo’s fight to save her home from her city’s efforts to take it for a private developer ended in 2005, the fight against […]

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August 09, 2021

These People Lost $85 Million in an L.A. Heist…and the Robber was the FBI

How an illegal search and seizure turned into a federal cash grab

In March 2021, FBI agents broke into private safe deposit boxes at the Southern California business U.S. Private Vaults and—though no individual box owner was […]

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June 29, 2021

Cities Caught Extracting Millions From Residents Through Fines and Fees Traps

In Episode 30 of Deep Dive, we talked about how fines for harmless property code violations could snowball into six-figure debt. All too often, municipalities […]

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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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May 24, 2021

This Florida Woman Got a $100,000 Fine for Parking in Her Own Driveway

How Trivial Code Violations Can Lead to Financial Ruin—And How to Fight Back

After Sandy Martinez got a ticket from Lantana, Florida, for parking her car with its wheels slightly outside her driveway and on the grass in […]

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May 06, 2021

These Laws Let Your Competitors Decide When Your Business is “Needed”

What are “Certificates of Need,” and who should get to decide whether an entrepreneur can try out a business idea?

When IJ client Abdallah Batayneh tried to open a resort shuttle service in rural Colorado, his application was denied by a state regulatory agency at […]

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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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