Latest in constitutional rights
The Ninth Circuit declined to rehear en banc a case concerning the application of the state secrets privilege. What were the various claims made in the case?
Section 230 deliberately seeks to induce private parties to take action that would violate constitutional rights if governmental actors did it directly.
The U.S. District Court for the Eastern District of Virginia ruled that the federal government's Terrorist Screening Database program, commonly referred to as the terrorist "watchlist," does not provide "constitutionally adequate" process for Americans included in the database. The Court instructed both sides to submit briefs about what they each view as the appropriate relief. The ruling can be found here.
At this particular moment, it is more than reasonable to wonder whether constitutional rights and human rights matter. Fortunately, a large number of legal scholars and political scientists have attempted to answer this question. Unfortunately, they have been using the wrong tools.
It never meant much that in the statement he delivered from the White House about Charlottesville, President Trump trudged to a mike and checked the teleprompting box. He has always chosen to govern by the tweet: It is his authentic voice in communicating with “his” people. The first of his tweets could be assumed to be authoritative.