On August 7th, 2024, the U.S. Court of Appeals for the Federal Circuit overturned the U.S. Court of Federal Claims’ dismissal of Darby Development Company, Inc. v. United States in a 2-1 decision. The critical case seeks to determine whether the U.S. Centers for Disease Control and Prevention’s (CDC) federal moratorium is an illegal taking under the…

Let’s begin with basics: Gag orders are, save for exceptional circumstances, an affront to the First Amendment. And why? Again, basics: They run counter to the principle of no prior restraints, and they can be content-based, which violates another free speech canon. Hence, for a gag order to be permissible it must satisfy a strict…

Former San Antonio poet laureate Nephtalí De León is suing the city and the head of its Department of Arts & Culture over his firing last August…

​​A trucking company that regularly hires owner-operator truck drivers has urged a New Mexico federal judge to vacate a new U.S. Department of Labor rule for classifying independent contractors, arguing in a motion for summary judgment that the rule makes classifying workers more confusing…

SCOTUS ruled that the Seventh Amendment to the Constutution gives defendants a right to a jury trial even in civil cases…

Creating Content Isn’t A Crime. Today, the U.S. Court of Appeals for the Tenth Circuit overturned David Lesh’s criminal conviction. Lesh, a client of the New Civil Liberties Alliance (NCLA), faced accusations of violating a U.S. Forest Service (USFS) regulation. The court found the USFS regulation banning unauthorized “work activity or service” on USFS lands…