Civil Rights Attorney Silenced by Gag Order Fights Back
Back in July 2022, a federal magistrate imposed a gag order against civil rights attorney Daniel Horwitz, preventing him from making public comments about one of his own lawsuits: a wrongful death case against a private prison. The court scolded Daniel, saying “trials are meant to occur in the courtroom, not the media.” Since then, Daniel has been challenging the court’s rule limiting attorney speech as a violation of the First Amendment, but the court has avoided ruling on the issue. Daniel teamed up with the IJ to file a federal lawsuit challenging the court’s attorney gag rule.
The FBI Raided the Wrong Home—the Government Refuses to Pay for the Damage
One morning, Trina Martin, her seven-year-old son Gabe, and her partner Toi were jolted awake by the sound of a flashbang grenade exploding in their living room. Toi, fearing that the home was being robbed, pulled Trina into the bedroom closet and reached for his legally owned shotgun. Just as he was about to grab it, an FBI agent barged in, threw him to the ground, and began interrogating him and Trina. When Toi told the agents his address, it dawned on them that they had raided the wrong house. Now, IJ is asking the U.S. Supreme Court to revive their lawsuit for accountability, which has been thrown out by the lower courts.
Marion, Kansas Vice Mayor Gets First Round Victory in Lawsuit Over Unconstitutional Raid
Ruth Herbel’s federal civil rights lawsuit will move forward after a ruling issued this month. Ruth sued multiple Marion officials, the city, and the county over violations of her First and Fourth Amendment rights during a raid on her home last year. With a bogus warrant in hand, police raided Ruth’s home and seized her cell phone. Even after the warrant was withdrawn, the chief and mayor continued to look for a way to prosecute Ruth. Government officials cannot use criminal investigations to punish their political opponents, which is why Ruth filed this lawsuit.
Beyond the Brief: Town Council Blocks Business for Causing...Competition?!?
In America, the government doesn’t get to pick winners and losers in the marketplace. Yet states and cities throughout the country block new business to protect established interests. Awa Diagne has been braiding hair for 30 years, but when she tried to open a braiding salon in an Atlanta suburb, the town told her it would provide too much competition.
For the 8th year, Short Circuit travels to the University of North Carolina to preview the Supreme Court’s new term. IJ’s Justin Pearson serves as your host, and joining him once again is UNC professor Andrew Hessick. You’ll learn about the First Amendment’s history with the Internet, applications of the First Step Act, where things stand with speaking occupations, and the twilight status of the Bivens doctrine.
Beyond the Brief: Town Council Blocks Business for Causing...Competition?!?
It's time to get into the legal weeds. Sam Gedge, John Wrench, and Anthony Sanders of the Institute for Justice muse about citation proprieties, pleading proprieties, causes of action, special masters at SCOTUS, riparian rights in space, dropping judges’ names, and withholding from that last Aubrey-Maturin book so you don’t commit a circumnavigation.
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