In the last year or two, the U.S. Department of Justice has been arguing in federal courts of appeals that Terms of Service can narrow or eliminate Fourth Amendment ...

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 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 ...

"Under settled law, the exclusionary rule, which applies in criminal cases, does not apply in civil cases," Justice Stephen R. McCullough wrote in the unanimous opinion for the Virginia Supreme Court.

University of Pennsylvania Carey Law School Dean Sophia Lee recently published an article in The University of Chicago Law Review about the Fourth Amendment rights to privacy. Her 90-page article ...

How long can the government keep your property after lawfully seizing it? According to the D.C. Circuit in a recent decision, as long as the continued possession is still reasonable under the Fourth ...