Another conceivable conclusion is that Kavanaugh now hopes to apologize for butchering the Fourth Amendment without doing any ...

Part of the Murthy v. Missouri challengers' claim is that the First Amendment bans the government from even "substantially encouraging" private entities to block user speech. And as I noted in the ...

The Constitution inarguably applies to federal immigration agents—but the Supreme Court has taken away the hope of ever ...

The circuit split might just persuade the U.S. Supreme Court to take up the matter, breaking its now six-year hiatus from hearing Fourth Amendment cases. In the span of two months, the Fourth and ...

The right to be free from unreasonable search and seizure had an up-and-down sort of year at the U.S. Supreme Court. Back in ...

When I first watched White House “border czar” Tom Homan’s rant about how immigration agents can indiscriminately detain people based on physical appearance, I was aghast. Not because it was happening ...

United States lawmakers are moving with uncommon speed to close a loophole in federal law that police and intelligence agencies use to collect sensitive information on US citizens—up to and including ...

Forbes contributors publish independent expert analyses and insights. Last Thursday, two Congressional hearings took place in the U.S. House of Representatives that demonstrate just how far America ...

Though a handful of cases found that geofencing warrants are unconstitutional, the rulings were narrow, and unlikely to slow the growing prominence of these warrants, which look to obtain data from ...

Fourth Amendment rights and religious freedom were the main arguments during a court hearing in the legal battle over migrant documents between the Texas Attorney General's Office and El Paso's ...

It has been seven years since Professors William Baude and James Y. Stern published “The Positive Law Model of the Fourth Amendment” in the Harvard Law Review. Early this year, Professors Danielle ...

The Fourth Amendment provides a critical privacy right against intrusions by government officials. Indeed, it creates three layers of protection. First, it broadly prohibits unreasonable searches and ...