Ever since they were first created, social media giants such as Facebook and Twitter have defended their biased, intolerant, erratic, and often Kafkaesque censorship practices on the ground that they are private companies and therefore not subject to First Amendment principles. In recent years, however, it has become clear that this “not state actors” rationale […]
Recent court filings reveal that Google, by means of its Location History function that many Google users (often unknowingly) opt into, has tracked and recorded extensive location data for over 500 million people. Few of us are aware our location histories are being tracked and recorded in this way. Law enforcement agencies, state and […]
Vestiges of Jeffersonian principles in our present out-of-touch and out-of-control federal government are rapidly being obliterated. No events signal their demise more dramatically than the recent shameful seditious conspiracy prosecutions of the Jan. 6 defendants. In the first of these, brought against five members of the Oath Keepers including its founder Stewart Rhodes III, a […]
As I stated in my November 19, 2021 article, in my view – what I think is the view of any impartial person – the Sines v. Kessler litigation is ideological lawfare. On November 24, 2021, the jury reached a verdict in that case. I now offer some initial thoughts about that verdict, with the caveat that many critical motions […]
The word and concept of “lawfare” — sometimes defined as “law as a weapon of war” — gained popular usage about three decades ago in the context of international military operations. It has, however, apt application to certain types of domestic litigation, which is surely not surprising given the increasingly bellicose and irrepressible culture wars […]
