Why the Tenth Amendment Won’t Shield States and Municipalities from Liability for Violating the First Amendment

“Does the Tenth Amendment and reservation of police powers to the states under the Constitution create any special hurdle to liability for quashing protests?”  The answer to that question is a resounding “no.” (Keep reading)

Beware COVID-19 Orders and Related Actions That Try to Stop People from Protesting

The Raleigh Police Department shut down a protest this week and arrested people who refused to comply. It should lose a First Amendment challenge to its conduct ten times out of ten under multiple theories of free speech law. (Keep reading)