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	<title type="text">Latest - Reason Magazine</title>
	<subtitle type="text">Free Minds and Free Markets</subtitle>
	<rights>(c) Reason</rights>
	<updated>
		2026-10-26T17:35:26Z	</updated>

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	<entry>
					<author>
			<name>Peter Suderman</name>
							<uri>https://reason.com/people/peter-suderman/</uri>
						<email>peter.suderman@reason.com</email>
					</author>
					<author>
			<name>Nick Gillespie</name>
							<uri>https://reason.com/people/nick-gillespie/</uri>
						<email>gillespie@reason.com</email>
					</author>
					<author>
			<name>Matt Welch</name>
							<uri>https://reason.com/people/matt-welch/</uri>
						<email>matt.welch@reason.com</email>
					</author>
					<author>
			<name>Liz Wolfe</name>
							<uri>https://reason.com/people/liz-wolfe/</uri>
						<email>liz.wolfe@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				California's Wealth Tax Could Cost the State $39 Billion			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/podcast/2026/10/26/californias-wealth-tax-could-cost-the-state-39-billion/" />
		<id>https://reason.com/?post_type=podcast&#038;p=8407847</id>
		<updated>2026-10-26T21:35:26Z</updated>
		<published>2026-10-26T21:35:26Z</published>
			<category scheme="https://reason.com/latest/" term="Midterm" /><category scheme="https://reason.com/latest/" term="Billionaires" /><category scheme="https://reason.com/latest/" term="California" /><category scheme="https://reason.com/latest/" term="Election 2026" /><category scheme="https://reason.com/latest/" term="France" /><category scheme="https://reason.com/latest/" term="Gavin Newsom" /><category scheme="https://reason.com/latest/" term="Protests" /><category scheme="https://reason.com/latest/" term="Venezuela" /><category scheme="https://reason.com/latest/" term="wealth tax" />		<summary type="html"><![CDATA[Plus: the costs of France's welfare state, María Corina Machado returns to Venezuela, and Republicans brace for the midterms.]]></summary>
					<content type="html" xml:base="https://reason.com/podcast/2026/10/26/californias-wealth-tax-could-cost-the-state-39-billion/">
			<![CDATA[<p>This week, editors <a href="https://reason.com/people/peter-suderman/">Peter Suderman</a>, <a href="https://reason.com/people/nick-gillespie/">Nick Gillespie</a>, and <a href="https://reason.com/people/matt-welch/">Matt Welch</a> are joined by Associate Editor <a href="https://reason.com/people/liz-wolfe/">Liz Wolfe</a> to discuss California's proposed 5 percent wealth tax on billionaires, which a <a href="https://www.hoover.org/research/net-present-value-california-billionaire-tax-act">Hoover Institution study</a> suggests could ultimately cost the state $39 billion in lost revenue. With wealthy residents already leaving California, the panel examines whether the measure will survive next week's vote, why Gov. Gavin Newsom opposes it, and how public sector unions have helped fuel the state's spending problems.</p>
<p>The panelists then look to France, where mounting unrest and economic stagnation raise questions about the long-term consequences of high taxes, expansive welfare programs, and pension obligations that increasingly burden younger generations. Next, they discuss Venezuelan opposition leader María Corina Machado returning home after 10 months in exile. Then, with the midterm elections next week, the editors examine whether Trump's tariffs, war with Iran, and mounting allegations of corruption will deliver Democrats control of Congress. Finally, a listener asks whether today's democratic socialist movement will ultimately be remembered like the libertarian and Tea Party movements of the early 2010s.</p>
<p>&nbsp;</p>
<p>0:00—California's wealth tax proposal</p>
<p>13:02—Will France protests influence America?</p>
<p>22:50—Corina Machado returns to Venezuela.</p>
<p>31:19—Listener question on the DSA</p>
<p>44:40—2026 Midterm elections preview</p>
<p>58:34—Weekly cultural recommendations</p>
<p>&nbsp;</p>
<h2>Upcoming <em>Reason </em>Events</h2>
<p><a href="https://www.eventbrite.com/e/reason-versus-authoritarianism-is-a-right-wing-problem-tickets-2003034598404?aff=ytreason"><em>Reason</em> Versus - Authoritarianism Is a Right-Wing Problem</a>, November 10</p>
<p>&nbsp;</p>
<h2>Mentioned in the Podcast:</h2>
<p>"<span draggable="true"><a href="https://reason.com/2026/10/26/will-the-wealth-tax-fail/" target="_blank" rel="noopener noreferrer">Will the Wealth Tax Fail?</a></span>" by Liz Wolfe<br aria-hidden="true" />"<span draggable="true"><a href="https://reason.com/2026/10/22/france-is-a-warning-to-californias-tax-the-rich-crowd/" target="_blank" rel="noopener noreferrer">France Is a Warning to California's Tax-the-Rich Crowd</a></span>," by Veronique de Rugy<br aria-hidden="true" />"<span draggable="true"><a href="https://reason.com/2026/10/20/californias-wealth-tax-could-cost-the-state-39-billion/" target="_blank" rel="noopener noreferrer">California's 'Wealth Tax' Could Cost the State $39 Billion</a></span>," by Eric Boehm<br aria-hidden="true" />"<span draggable="true"><a href="https://reason.com/2026/09/18/report-californias-proposed-billionaire-tax-is-based-on-bad-research/" target="_blank" rel="noopener noreferrer">Report: California's Proposed 'Billionaire Tax' Is Based on Bad Research</a></span>," by J.D. Tuccille<br aria-hidden="true" />"<span draggable="true"><a href="https://reason.com/2026/08/20/a-wealth-tax-built-on-billionaires-who-arent-really-billionaires/" target="_blank" rel="noopener noreferrer">A Wealth Tax Built on Billionaires Who Aren't Really Billionaires</a></span>," by Veronique de Rugy<br />
"<span draggable="true"><a href="https://reason.com/2026/10/26/new-book-says-jared-kushner-funneled-money-to-middle-east-mercenaries-kushner-denies-it/" target="_blank" rel="noopener noreferrer">New Book Says Jared Kushner Funneled Money to Middle East Mercenaries. Kushner Denies It.</a></span>" by Matthew Petti<br aria-hidden="true" />"<span draggable="true"><a href="https://reason.com/2026/10/26/trumps-tariffs-are-politically-toxic/" target="_blank" rel="noopener noreferrer">Trump's Tariffs Are Politically Toxic</a></span>," by Eric Boehm<br />
"<span draggable="true"><a href="https://reason.com/2026/10/08/the-democrats-summer-of-socialism/" target="_blank" rel="noopener noreferrer">The Democrats' Socialist Moment</a></span>," by Matt Welch<br />
"<span draggable="true"><a href="https://reason.com/2026/10/23/family-separation-drama-fjord-is-a-haunting-depiction-of-unchecked-state-power/" target="_blank" rel="noopener noreferrer">Family Separation Drama <i>Fjord</i> Is a Haunting Depiction of Unchecked State Power</a></span>," by Peter Suderman</p>
<p>The post <a href="https://reason.com/podcast/2026/10/26/californias-wealth-tax-could-cost-the-state-39-billion/">California&#039;s Wealth Tax Could Cost the State $39 Billion</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
					<link href="https://reasontv-video.s3.amazonaws.com/reasontv_audio_8407847.mp3" rel="enclosure" length="108665267" type="audio/mpeg" />
		<media:credit><![CDATA[Illustration: Fatima Ruiz]]></media:credit>
		<media:description type="html"><![CDATA[Matt Welch appears on the left. Liz Wolfe appears on the right. Behind them, an image of Governor Gavin Newsom appears looking concerned in the center. Bold text across the top of the screen reads "TAX THE RICH?"]]></media:description>
		<media:title><![CDATA[Roundtable-Rich]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/10/Roundtable-Rich-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Ryan Curtis</name>
							<uri>https://reason.com/people/ryan-curtis-2/</uri>
					</author>
					<title type="html"><![CDATA[
				Federal Police Don't Belong in Churches			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/26/federal-police-dont-belong-in-churches/" />
		<id>https://reason.com/?p=8407900</id>
		<updated>2026-10-26T20:15:21Z</updated>
		<published>2026-10-26T20:15:21Z</published>
			<category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Religion" /><category scheme="https://reason.com/latest/" term="DHS" /><category scheme="https://reason.com/latest/" term="First Amendment" /><category scheme="https://reason.com/latest/" term="ICE" />		<summary type="html"><![CDATA[A federal appellate court ruled that 27 religious organizations have standing to challenge the administration’s policy allowing immigration raids to happen in houses of worship.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/10/26/federal-police-dont-belong-in-churches/">
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		<p><span style="font-weight: 400">From deportations </span><a href="https://reason.com/2025/04/16/trump-says-alleged-gang-members-dont-need-hearings-because-the-government-is-infallible/"><span style="font-weight: 400">without due process</span></a><span style="font-weight: 400"> to random and discriminatory </span><a href="https://reason.com/2025/08/05/trumps-immigration-crackdown-imperils-the-fourth-amendment-rights-of-u-s-citizens/"><span style="font-weight: 400">detentions and searches</span></a><span style="font-weight: 400">, the Trump administration's immigration crackdown raised many constitutional concerns. Now, in a lawsuit advancing in federal court, 27 religious organizations say the administration's immigration policies violate another constitutionally protected activity: Americans' right to the free exercise of religion.</span></p>
<p><span style="font-weight: 400">Last week, the D.C. Circuit Court of Appeals ruled that the religious groups' lawsuit, docketed as </span><a href="https://dockets.justia.com/docket/district-of-columbia/dcdce/1:2025cv00403/277337"><i><span style="font-weight: 400">Mennonite Church USA v. Department of Homeland Security</span></i></a><span style="font-weight: 400"> (DHS), could continue. The lawsuit was brought against the federal government in February 2025, after the Trump administration </span><a href="https://www.nilc.org/resources/factsheet-trumps-rescission-of-protected-areas-policies-undermines-safety-for-all/"><span style="font-weight: 400">overturned</span></a><span style="font-weight: 400"> a longstanding policy that heavily restricted immigration raids around "sensitive sites," including churches, schools, hospitals, daycares, playgrounds, rehab facilities, funerals, and weddings. This policy was most recently outlined in a 2021 </span><a href="https://www.ice.gov/doclib/news/guidelines-civilimmigrationlaw10272021.pdf"><span style="font-weight: 400">memo</span></a><span style="font-weight: 400">—dubbed the "Mayorkas Memo" for Alejandro Mayorkas, the DHS secretary at the time—but U.S. immigration enforcement first established the standard </span><a href="https://ace-usa.org/blog/research/research-immigration/where-can-immigration-enforcement-take-place-unpacking-ices-sensitive-areas-policies-from-clinton-to-trump/"><span style="font-weight: 400">in 1993</span></a><span style="font-weight: 400">.</span></p>
<p><span style="font-weight: 400">After repealing the Mayorkas Memo, the DHS issued a </span><a href="https://www.dhs.gov/sites/default/files/2025-03/25_0120_S1_enforcement-actions-in-near-protected-areas.pdf"><span style="font-weight: 400">one-page document</span></a><span style="font-weight: 400"> instructing officers to use "a healthy dose of common sense" when deciding whether to operate at previously protected sites.</span></p>
<p><span style="font-weight: 400">Unsurprisingly, religious leaders are concerned about the sudden allowance of federal police into their sacred spaces. In their </span><a href="https://pcusa.org/sites/default/files/2025-05/2025_0528_AmicusBrief_Mennonite-Church-USA-v.-U.S.-Department-of-Homeland-Security-Complaint.pdf"><span style="font-weight: 400">complaint</span></a><span style="font-weight: 400">, each of the 27 faith organizations suing the DHS describes how the risk of immigration enforcement impedes their religious exercise. The Church of the Brethren says a DHS enforcement action would "destroy all sense of peace and safety in what is supposed to be a place of sanctuary for congregants." </span></p>
<p><span style="font-weight: 400">The Central Conference of American Rabbis writes that immigration enforcement against a synagogue would induce fears of "the persecution of Jews by government agents before and during the Holocaust." </span></p>
<p><span style="font-weight: 400">"We have congregations which have reported members no longer feel comfortable attending services, members who are concerned for their safety, congregations which have had to add costly security measures," Carey McDonald, executive vice president of the Unitarian Universalist Association—one of the 27 plaintiffs—tells </span><i><span style="font-weight: 400">Reason</span></i><span style="font-weight: 400">. </span></p>
<p><span style="font-weight: 400">The fear of police action driving down attendance isn't just a financial problem, McDonald says; it is fundamentally an attack on Unitarian Universalists' (U.U.) beliefs. "A core part of our theology and our practice is to welcome the stranger. To force us to choose between our long-held theological commitment[s] vs. trying to keep our people physically safe&hellip;this is a violation of our constitutionally protected rights."</span></p>
<p><span style="font-weight: 400">The DHS repealing the Mayorkas Memo isn't the only way immigration police have infringed U.U. religious expression. In August, it was </span><a href="https://www.uua.org/pressroom/press-releases/surveillance-uu-churches"><span style="font-weight: 400">revealed</span></a><span style="font-weight: 400"> that federal agents had been spying on churches in Minneapolis—even before January's protests against "Operation Metro Surge."</span></p>
<p><span style="font-weight: 400">McDonald tells </span><i><span style="font-weight: 400">Reason </span></i><span style="font-weight: 400">that First Universalist Church of Minneapolis, which had </span><a href="https://episcopalnewsservice.org/2026/08/20/episcopal-church-listed-among-those-dhs-spied-on-during-anti-ice-activist-probes/"><span style="font-weight: 400">hosted</span></a><span style="font-weight: 400"> an anti-ICE event led by the Sunrise Movement in December 2025, was one of the targeted churches. "This is direct evidence from the government itself that it is seeking to interfere with our rights to practice our faith. We must assume that this is not an isolated incident."</span></p>
<p><span style="font-weight: 400">Indeed, it isn't; the DHS has conducted arrests and </span><a href="https://ecf.cadc.uscourts.gov/n/beam/servlet/TransportRoom?servlet=ShowDocMulti&amp;incPdfHeader=Y&amp;pacer=t&amp;CSRF=csrf_2684273331365593231&amp;incPdfHeaderDisp=Y&amp;caseId=42118&amp;dktType=dktPublic&amp;outputType=doc&amp;d=2136370&amp;outputForm=view&amp;incPdfFooter=y&amp;dls=8778280"><span style="font-weight: 400">surveillance</span></a><span style="font-weight: 400"> on plenty of other churches across the country. In January 2025, a man in Georgia </span><a href="https://www.christianitytoday.com/2025/01/should-churches-fear-ice-raids-atlanta/"><span style="font-weight: 400">was arrested</span></a><span style="font-weight: 400"> by Immigration and Customs Enforcement (ICE) during a church service. By August 2025, </span><i><span style="font-weight: 400">Religion News Service</span></i> <a href="https://religionnews.com/2025/08/04/when-ice-detains-people-on-church-grounds-pastors-say-congregations-suffer/"><span style="font-weight: 400">recorded</span></a><span style="font-weight: 400"> "at least 10 instances of apparent immigration enforcement activity conducted by ICE or other federal agents on or immediately near church grounds since [President Donald] Trump's inauguration." In February of this year, CBS News </span><a href="https://www.cbsnews.com/newyork/news/ice-enforcement-union-city-new-jersey/"><span style="font-weight: 400">reported</span></a><span style="font-weight: 400"> that two men in New Jersey </span><a href="https://www.cbsnews.com/newyork/news/ice-enforcement-union-city-new-jersey/"><span style="font-weight: 400">were taken away</span></a><span style="font-weight: 400"> while they were "just about to head inside" a Pentecostal church for their Sunday worship.</span></p>
<p><span style="font-weight: 400">Because of these tangible harms, the D.C. Circuit ruled that the 27 plaintiffs have standing, </span><a href="https://cases.justia.com/federal/appellate-courts/cadc/25-5209/25-5209-2026-10-20.pdf?ts=1792506674"><span style="font-weight: 400">writing</span></a><span style="font-weight: 400">, "[the plaintiffs] are directly injured by the government's already-implemented policy of enforcing immigration laws at houses of worship, they likely have met the standard for showing 'imminent' harm," as outlined by the Supreme Court.</span></p>
<p><span style="font-weight: 400">The case is now being sent back to the D.C. District Court, which will have to decide on all three of the plaintiffs' </span><a href="https://icap.law.georgetown.edu/wp-content/uploads/2026/02/2-Motion-for-Preliminary-Injunction-1.pdf"><span style="font-weight: 400">legal claims</span></a><span style="font-weight: 400">. Two of those claims are about religious freedom: One appeals to the </span><a href="https://www.congress.gov/bill/103rd-congress/house-bill/1308"><span style="font-weight: 400">Religious Freedom Restoration Act</span></a><span style="font-weight: 400"> (RFRA), which plaintiffs say must protect the congregations from DHS activity that "substantially burdens" their exercise of religion. The second argument says DHS enforcement violates the First Amendment's Free Exercise Clause, which protects religious expression and association. While judicial precedent clarifies that certain compelling state interests can override the clause, the plaintiffs argue there are less intrusive ways to achieve the state's interest in immigration enforcement. The third claim is more procedural, arguing that the department's sudden rescission of the Mayorkas Memo violated the Administrative Procedure Act by not sufficiently considering the impact on religious organizations.</span></p>
<p><span style="font-weight: 400">The plaintiffs are first seeking an immediate injunction against all DHS activity around their houses of worship, but the <a href="https://reason.com/wp-content/uploads/2026/10/19-1-Proposed-PI-Order.pdf">proposed order</a> submitted in 2025 would also re-implement the Mayorkas Memo while litigation is ongoing, overturning the Trump administration's rescission.</span></p>
<p><i><span style="font-weight: 400">Mennonite Church v. DHS </span></i><span style="font-weight: 400">is </span><a href="https://religionnews.com/2026/09/16/rns-tracked-the-religious-lawsuits-against-trumps-immigration-policies-heres-what-we-found/"><span style="font-weight: 400">one of four</span></a><span style="font-weight: 400"> lawsuits challenging the rescission of the Mayorkas Memo by DHS. </span><a href="https://clearinghouse.net/case/45979/"><span style="font-weight: 400">Two</span></a><span style="font-weight: 400"> of those </span><a href="https://clearinghouse.net/case/46829/"><span style="font-weight: 400">lawsuits</span></a><span style="font-weight: 400"> have resulted in preliminary injunctions, while the </span><a href="https://clearinghouse.net/case/46508/"><span style="font-weight: 400">third</span></a><span style="font-weight: 400"> is still pending.</span></p>
<p>The post <a href="https://reason.com/2026/10/26/federal-police-dont-belong-in-churches/">Federal Police Don&#039;t Belong in Churches</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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							<media:credit><![CDATA[Jon Harder/Wikimedia Commons/U.S. Immigration and Customs Enforcement/Flicker]]></media:credit>
		<media:description type="html"><![CDATA[ICE officer detaining a man, picture of a church in the background]]></media:description>
		<media:title><![CDATA[Mennonite Church-ICE-DHS-lawsuit]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Jacob Sullum</name>
							<uri>https://reason.com/people/jacob-sullum/</uri>
						<email>jsullum@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Connecticut's New Restrictions on Flock Cameras Highlight the Dearth of Meaningful Privacy Protections			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/26/connecticuts-new-restrictions-on-flock-cameras-highlight-the-dearth-of-meaningful-privacy-protections/" />
		<id>https://reason.com/?p=8407837</id>
		<updated>2026-10-26T19:55:27Z</updated>
		<published>2026-10-26T19:55:27Z</published>
			<category scheme="https://reason.com/latest/" term="Artificial Intelligence" /><category scheme="https://reason.com/latest/" term="Law enforcement" /><category scheme="https://reason.com/latest/" term="Police Abuse" /><category scheme="https://reason.com/latest/" term="Privacy" /><category scheme="https://reason.com/latest/" term="Surveillance" /><category scheme="https://reason.com/latest/" term="Technology" /><category scheme="https://reason.com/latest/" term="Connecticut" /><category scheme="https://reason.com/latest/" term="Flock" /><category scheme="https://reason.com/latest/" term="Fourth Amendment" /><category scheme="https://reason.com/latest/" term="Institute for Justice" /><category scheme="https://reason.com/latest/" term="License Plate Cameras" /><category scheme="https://reason.com/latest/" term="Search and Seizure" /><category scheme="https://reason.com/latest/" term="Transparency" /><category scheme="https://reason.com/latest/" term="Warrants" />		<summary type="html"><![CDATA[Until recently, the state imposed no limits at all on automated license plate readers, which track the travels of innocent motorists across the country.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/10/26/connecticuts-new-restrictions-on-flock-cameras-highlight-the-dearth-of-meaningful-privacy-protections/">
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		<p>A Connecticut law that took effect at the beginning of October imposes <a href="https://www.ctinsider.com/connecticut/article/ct-flock-license-plate-camera-law-oct-1-changes-22433200.php">new restrictions</a> on police use of automated license plate readers (ALPRs), which enable what a federal judge recently <a href="https://reason.com/2026/10/07/judge-says-warrantless-flock-search-violated-drivers-fourth-amendment-rights/">described</a> as "a type of indiscriminate mass surveillance." The <a href="https://www.cga.ct.gov/2026/act/Pa/pdf/2026PA-00014-R00SB-00397-PA.PDF">law</a> reflects the bipartisan <a href="https://reason.com/2026/08/31/the-belated-backlash-against-flock-cameras/">backlash</a> against AI-assisted cameras that record images of passing cars billions of times a week, building databases that police can use to track drivers, identify other vehicles in their vicinity, predict itineraries, and conduct searches based on a wide range of vehicle characteristics.</p>
<p>Connecticut previously imposed no statutory limits on ALPRs, a fact that underlines how readily police can access license plate data, which they can search without any sort of judicial review and often without meaningful internal supervision. But the law's provisions, while promising in some ways, fall short of the reforms recommended by critics who warn that unconstrained use of ALPRs threatens the privacy of innocent motorists across the country.</p>
<p>As of today, DeFlock's <a href="https://deflock.org/">mapping project</a> has identified nearly 145,000 ALPR cameras in the United States, most of which were installed by <a href="https://www.flocksafety.com/">Flock Safety</a>, the leading vendor. That network <a href="https://ctmirror.org/2026/09/24/police-standards-council-recommends-new-rules-on-flock-cameras/">includes</a> more than 1,500 cameras deployed by Connecticut law enforcement agencies, three-quarters of which use the technology.</p>
<p>The concerns underlying the new law, which Gov. Ned Lamont signed last May, echo <a href="https://reason.com/2026/08/31/the-belated-backlash-against-flock-cameras/">objections</a> raised in other states. Last February, for example, <em>CT Insider</em> <a href="https://www.ctinsider.com/connecticut/article/ct-license-plate-camera-reader-flock-immigration-21252287.php">reported</a> that out-of-state agencies had searched ALPR data from Connecticut thousands of times for immigration enforcement purposes. When police in Johnson City, Texas, searched Connecticut data for a missing woman, the log <a href="https://www.ctinsider.com/connecticut/article/ct-flock-license-plate-camera-law-oct-1-changes-22433200.php">noted</a> that she "had an abortion," which reinforced concerns that ALPR information might be used to enforce abortion bans.</p>
<p>As elsewhere, ALPR critics in Connecticut also have complained about a lack of transparency. In April 2025, for instance, South Windsor began using Flock cameras without any public notice. The resulting consternation prompted the city council to cancel the program early this month. <em>CT Mirror</em> <a href="https://ctmirror.org/2026/10/09/ct-flock-cameras-south-windsor-milford/">reports</a> that South Windsor is "at least the sixth Connecticut community to end or suspend the use of ALPRs this year, following Windsor, Killingworth, Ledyard, Milford and Newtown."</p>
<p>Compared to those moves, the new state restrictions are pretty weak tea. But they include some potentially meaningful changes, and they highlight how lax oversight of ALPRs has been.</p>
<p>The new law restricts the sharing of ALPR data, which henceforth will be limited to Connecticut, Massachusetts, New York, and Rhode Island unless an agency in another state obtains a judicial warrant. The law says the data may not be used for immigration enforcement, to target conduct protected by the First Amendment, or for investigations related to "reproductive" or "gender-affirming" health care services. It also bars the placement of ALPRs near facilities that provide such services or organizations that primarily serve immigrants.</p>
<p>The original bill <a href="https://ctmirror.org/2026/03/10/bill-constraining-use-of-license-plate-data-gets-broad-support/">specified</a> that ALPR data could be retained for no more than seven days unless it is tied to an ongoing criminal investigation, subject to a warrant, or used for toll enforcement. The final version of the bill extended that limit to 21 days. Flock's original default was 30 days. But last August, in response to widespread criticism of ALPR surveillance, the company began <a href="https://reason.com/2026/08/14/flock-safetys-new-privacy-rules-do-little-to-ease-concerns-over-alpr-surveillance/">recommending</a> a seven-day limit. Connecticut's Police Officer Standards and Training Council, which last month sent Lamont a report that included <a href="https://ctmirror.org/2026/09/24/police-standards-council-recommends-new-rules-on-flock-cameras/">suggested reforms</a>, thinks the state should adopt the seven-day standard.</p>
<p>Under the new law, police may search ALPR data to "assist in the recovery of a stolen motor vehicle," "assist in locating a missing or endangered individual," or "assist in the apprehension of an individual with an outstanding warrant." They also may query the database for information "relevant and material to a specific active investigation of a criminal offense in which there is reasonable suspicion that the offense has been or is being committed." When they do that, their agency must record "the reason for the access and any associated case number for the complaint or incident that is being investigated and is the basis for the access."</p>
<p>It is remarkable that Connecticut lacked such basic safeguards until now, and it is not clear how effective the new rules will be. Since July 1, 2025, Virginia has <a href="https://law.lis.virginia.gov/vacode/title2.2/chapter55.6/section2.2-5517/">required</a> that cops state a "specific purpose" for ALPR searches, including "the offense type." Yet last April, WHRO <a href="https://www.whro.org/virginia-center-for-investigative-journalism/2026-04-02/virginia-police-often-search-alpr-surveillance-data-for-vague-reasons/" data-mrf-link="https://www.whro.org/virginia-center-for-investigative-journalism/2026-04-02/virginia-police-often-search-alpr-surveillance-data-for-vague-reasons/">reported</a> that Norfolk police often give "incomplete and imprecise reasons" for ALPR queries, including "suspect," "suspicious," and "investigation" or "inv."</p>
<p>Connecticut's "reasonable suspicion" requirement is more lenient than the standard that the Institute for Justice favors. The organization's <a href="https://ij.org/wp-content/uploads/2025/08/The-Automated-Surveillance-Accountability-and-Privacy-Act-V2.pdf">model statute</a> would generally require a warrant based on probable cause for ALPR queries. The proposed law makes exceptions for "exigent circumstances," stolen vehicles, and toll, parking, or traffic enforcement.</p>
<p>Connecticut's law also addresses the sort of <a href="https://reason.com/2026/07/24/georgia-cops-keep-getting-arrested-for-misusing-flock-surveillance-data/">blatant abuses</a> that have <a href="https://reason.com/2026/09/09/why-conservative-republicans-are-worried-about-license-plate-cameras/">fueled</a> opposition to license plate cameras, including cases in which cops have been caught using ALPR data to stalk <a href="https://reason.com/2026/09/02/wisconsin-cops-used-flock-over-100-times-to-track-a-navy-veteran-after-he-lawfully-recorded-a-traffic-stop/" data-mrf-link="https://reason.com/2026/09/02/wisconsin-cops-used-flock-over-100-times-to-track-a-navy-veteran-after-he-lawfully-recorded-a-traffic-stop/">personal nemeses</a>, <a href="https://www.kake.com/home/sedgwick-police-chief-tracked-ex-girlfriend-164-times-using-license-plate-cams/article_21fdfdba-5dc5-11ef-95c4-8be8baa3f10c.html" data-mrf-link="https://www.kake.com/home/sedgwick-police-chief-tracked-ex-girlfriend-164-times-using-license-plate-cams/article_21fdfdba-5dc5-11ef-95c4-8be8baa3f10c.html">ex-girlfriends</a>, <a href="https://www.kake.com/news/crime/how-a-former-police-officer-used-a-security-system-to-stalk-his-wife/article_1e2df9e3-08fe-5f88-b13f-a3598c89ae5e.html" data-mrf-link="https://www.kake.com/news/crime/how-a-former-police-officer-used-a-security-system-to-stalk-his-wife/article_1e2df9e3-08fe-5f88-b13f-a3598c89ae5e.html">possibly unfaithful spouses</a>, and <a href="https://reason.com/2026/07/10/florida-police-officer-used-mass-surveillance-network-to-stalk-romantic-interest/" data-mrf-link="https://reason.com/2026/07/10/florida-police-officer-used-mass-surveillance-network-to-stalk-romantic-interest/">objects of romantic interest</a>. The law says an officer "who is found to have knowingly accessed, used or disseminated automated license plate reader data with malicious intent for purposes outside of the provisions of this section shall be subject to disciplinary action including, but not limited to, suspension, cancellation or revocation of certification" for police work.</p>
<p>The law establishes two additional remedies that could deter ALPR abuses. It authorizes the attorney general to sue ALPR contractors for damages and injunctive relief when they violate the new restrictions. It also allows "any aggrieved individual" to sue "a public agency" that flouts the rules.</p>
<p>"The law, for a first bite at the apple, is not bad," Ken Barone, manager of the University of Connecticut's Racial Profiling Prohibition Project, <a href="https://www.ctinsider.com/connecticut/article/ct-flock-license-plate-camera-law-oct-1-changes-22433200.php">told</a> <em>CT Insider</em>. Given that "there was a benchmark of nothing," he said, the attempt to constrain and track ALPR use is "a big step forward."</p>
<p>The post <a href="https://reason.com/2026/10/26/connecticuts-new-restrictions-on-flock-cameras-highlight-the-dearth-of-meaningful-privacy-protections/">Connecticut&#039;s New Restrictions on Flock Cameras Highlight the Dearth of Meaningful Privacy Protections</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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							<media:credit><![CDATA[M. Scott Brauer/Zuma Press/Newscom/Cemil Adakale/Dreamstime/Fatima Ruiz]]></media:credit>
		<media:description type="html"><![CDATA[a license plate camera in chains]]></media:description>
		<media:title><![CDATA[chained Flock camera]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Christian Britschgi</name>
							<uri>https://reason.com/people/christian-britschgi/</uri>
						<email>christian.britschgi@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Nathan Fielder Made a Dishonest Movie			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/26/nathan-fielder-made-a-dishonest-movie/" />
		<id>https://reason.com/?p=8407866</id>
		<updated>2026-10-26T17:56:30Z</updated>
		<published>2026-10-26T17:55:43Z</published>
			<category scheme="https://reason.com/latest/" term="Culture" /><category scheme="https://reason.com/latest/" term="Journalism" /><category scheme="https://reason.com/latest/" term="Technology" /><category scheme="https://reason.com/latest/" term="Documentary" /><category scheme="https://reason.com/latest/" term="Fraud" /><category scheme="https://reason.com/latest/" term="Hollywood" />		<summary type="html"><![CDATA[His Elizabeth Holmes documentary, You Can See Everything, is a deeply unethical piece of filmmaking. ]]></summary>
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		<p><span style="font-weight: 400;">Is Nathan Fielder interested in making something innovative and great, or does he only really care about making money?</span></p>
<p><span style="font-weight: 400;">That's technically the question </span><i><span style="font-weight: 400;">You Can See Everything</span></i><span style="font-weight: 400;">, the new A24 documentary co-directed by Fielder and Lance Oppenheim,</span> <span style="font-weight: 400;">asks about its subject, Elizabeth Holmes, the Theranos founder and convicted fraudster currently in federal prison. </span></p>
<p><span style="font-weight: 400;">As the documentary progresses, however, it's a question one increasingly asks about Fielder himself. </span></p>
<p><i><span style="font-weight: 400;">You Can See Everything </span></i><span style="font-weight: 400;">was billed as an intimate look at the day-to-day life of Holmes, her romantic partner Billy Evans, and their two children, in the days before she reports for her 11-year prison sentence.</span></p>
<p><span style="font-weight: 400;">In truth, that only describes the first half of the three-hour-long film, in which Fielder and his camera crews are embedded in Holmes and Evans' cramped San Diego beach house in the month preceding her incarceration.</span></p>
<p><span style="font-weight: 400;">In part one, we truly do see everything, from Holmes making breakfast for the kids and talking to lawyers about last-minute appeals to Evans showering naked. </span></p>
<p><span style="font-weight: 400;">All the while, Fielder obsessively explores in his own meta-comedy style a question many have asked about Holmes: Were the lies she told about Theranos' diagnostic machines merely a scam to rip off investors? Or had she actually convinced herself that these falsehoods were at most white lies in the service of a great and revolutionary technology on the cusp of becoming a reality?</span></p>
<p>Then, after 90 minutes of this exploration, Holmes checks in to prison, and Fielder's primary subject disappears from the film. The focus then shifts to Evans and whether or not he's solely responsible for a new unethical scheme Holmes has found herself enmeshed in.</p>
<p><span style="font-weight: 400;">In a Fielderesque reenactment, it's revealed to the audience that Evans conditioned the documentary's access to him and Holmes on the couple being paid a percentage of the film's profits.</span></p>
<p><span style="font-weight: 400;">Any ethical documentarian would have to say no to this ask. </span></p>
<p><span style="font-weight: 400;">Subjects being economically disinterested in the films they're appearing in is what separates real documentaries, which are supposed to accurately portray real life, from fictional films and public relations puff pieces. </span></p>
<p><span style="font-weight: 400;">Incredibly, however, Fielder, Oppenheim, and A24 eventually agree to Evans' demand for a cut of the film's profits.</span></p>
<p><span style="font-weight: 400;">Once this crooked bargain is made, </span><i><span style="font-weight: 400;">You Can See Everything </span></i><span style="font-weight: 400;">then shifts to exploring whether Holmes was aware that she'd be profiting from the film or whether this was a deal the domineering Evans secured without her knowledge. </span></p>
<p><span style="font-weight: 400;">Fielder tells us that he believes the answer will shed light on whether Holmes actually sees herself as a world-changing inventor or whether she really is just out for the money. </span></p>
<p><span style="font-weight: 400;">Fielder eventually makes this point directly to Evans during an on-camera confrontation and in a reenactment of his unfilmed meeting with Holmes in prison. By accepting payment for the documentary, the two are undercutting their case that Holmes is more than a wealth-obsessed fraudster, he tells them.</span></p>
<p><span style="font-weight: 400;">And by forfeiting their rights to back-end profits, they can make the audience more sympathetic to their case that Holmes did have motivations beyond a paycheck. </span></p>
<p><span style="font-weight: 400;">As a humble viewer, I confess I found this investigation somewhat boring. For starters, it seemed obvious to me that Holmes was in on the scheme to get paid for the documentary from the beginning.</span></p>
<p><span style="font-weight: 400;">Moreover, it's all kind of beside the point. Once the deal to pay Evans was inked, the documentary has been irrevocably changed into an elaborate rip-off. The only question remaining is whether the subjects or the audience will be the ultimate sucker. </span></p>
<p><span style="font-weight: 400;">When Fielder pointedly pushes Evans and Holmes to surrender profits they're contractually entitled to, he's no longer a disinterested filmmaker exploring the couple's psyches. </span><span style="font-weight: 400;">He's an economically interested party pressuring business partners to back out of money they've been contractually promised or else risk extreme embarrassment in the film he's making.</span></p>
<p><span style="font-weight: 400;">If Fielder fails to convince the couple to surrender their rights, moviegoers are left with the knowledge that a portion of their ticket revenue is benefiting a convicted fraudster. </span></p>
<p><span style="font-weight: 400;">If the director does succeed in his pressure campaign, it means that there's more profit to go around for the makers of the film. </span></p>
<p><span style="font-weight: 400;">A documentary about conmen itself becoming a con would not be an uncharacteristic Fielder bit.</span></p>
<p><span style="font-weight: 400;">His projects frequently feature a deliberate, escalating blurring of the lines between art and reality. See, for instance, the second season of his show </span><i><span style="font-weight: 400;">The Rehearsal</span></i><span style="font-weight: 400;">, in which an investigation into airline pilots' mental well-being culminates in Fielder becoming a licensed 737 pilot while waiting on an autism diagnosis. </span></p>
<p><span style="font-weight: 400;">Something similar can be said for the connection between the themes in the documentary and co-director Oppenheim's recent feature film </span><i><span style="font-weight: 400;">Primetime</span></i><span style="font-weight: 400;"> about the making of the reality show <em>To Catch a Predator</em>. </span><span style="font-weight: 400;">That movie was also about how TV producers can script reality and invent crimes all for the benefit of a show that's allegedly meant to merely document them.</span></p>
<p><i><span style="font-weight: 400;">You Can See Everything </span></i><span style="font-weight: 400;">pulls off something similar. Its investigation into Holmes' motives leaves one seriously questioning the filmmaker's probity. </span><span style="font-weight: 400;">Perhaps that makes it a genius bit of meta commentary on the unreality of documentaries.</span></p>
<p><span style="font-weight: 400;">Ultimately, it doesn't really matter. There's no getting around the fact that Fielder made a crooked bargain to get his documentary made and then used his power as a director who did, in fact, see everything to screw people out of money they had been promised. </span></p>
<p><span style="font-weight: 400;">One can imagine that the victims of Holmes' Theranos scam will find </span><i><span style="font-weight: 400;">You Can See Everything</span></i><span style="font-weight: 400;"> a frustrating film to watch. At the end of the day, this woman defrauded them of hundreds of millions of dollars. Her precise motives for doing so probably aren't all that interesting to them.</span></p>
<p><span style="font-weight: 400;">I certainly feel a similar way as a paying viewer of the unethical travesty that is </span><i><span style="font-weight: 400;">You Can See Everything</span></i><span style="font-weight: 400;">. </span></p>
<p>The post <a href="https://reason.com/2026/10/26/nathan-fielder-made-a-dishonest-movie/">Nathan Fielder Made a Dishonest Movie</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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							<media:credit><![CDATA[A24]]></media:credit>
		<media:description type="html"><![CDATA[Nathan Fielder and Elizabeth Holmes]]></media:description>
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		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Bob Woodward Reveals He Spoke With Justices Stewart, Powell, White, Blackmun, and Rehnquist for "The Brethren"			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/10/26/bob-woodward-reveals-he-spoke-with-justices-stewart-powell-white-blackmun-and-rehnquist-for-the-brethren/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8407841</id>
		<updated>2026-10-26T17:52:04Z</updated>
		<published>2026-10-26T16:01:36Z</published>
					<summary type="html"><![CDATA[Steven Goldberg, one of Brennan's clerks, provided Woodward with the 75-page case history of U.S.v. Nixon.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/10/26/bob-woodward-reveals-he-spoke-with-justices-stewart-powell-white-blackmun-and-rehnquist-for-the-brethren/">
			<![CDATA[<p>Bob Woodward is publishing a new book, titled "Secrets," that reveals many of the reporter's sources. The Washington Post has published an <a href="https://www.washingtonpost.com/investigations/2026/10/26/bob-woodward-spills-secrets-his-journalism-career-new-memoir/">in-depth profile</a>.</p>
<p>Of special interest are the sources Woodward relied on with Scott Armstrong for <em>The Brethren </em>(1979).</p>
<blockquote>
<div class="wpds-c-PJLV article-body type-text grid-center grid-body" data-qa="article-body">
<p class="wpds-c-heFNVF wpds-c-heFNVF-iPJLV-css overrideStyles font-copy" dir="null" data-apitype="text" data-contentid="BKJUFYJM2NGX3LINNCG653Y6EE" data-el="text">In the memoir, Woodward clears up another decades-long mystery: Which Supreme Court justices talked to him for the 1979 bestseller "The Brethren"? The exposé of the inner workings of the nation's highest court under Chief Justice Warren Burger electrified Washington.</p>
<p class="wpds-c-heFNVF wpds-c-heFNVF-iPJLV-css overrideStyles font-copy" dir="null" data-apitype="text" data-contentid="BKJUFYJM2NGX3LINNCG653Y6EE" data-el="text">When the book was published, Woodward and his co-author, Scott Armstrong, disclosed that <a class="js-itid-click" style="background-color: #ffffff" title="https://www.washingtonpost.com/archive/politics/1979/12/09/five-brethren-helped-authors/a4d40090-f968-4132-a0db-b8134671e8e8/" href="https://www.washingtonpost.com/archive/politics/1979/12/09/five-brethren-helped-authors/a4d40090-f968-4132-a0db-b8134671e8e8/" target="_self" rel="">they had interviewed five of the nine justices</a> on the court, as well as 170 former law clerks, but on the condition that they not be named. Given the court's reputation for maintaining a Sphinxlike silence, "The Brethren" ignited a guessing game in Washington and in legal circles around the country, as well as criticism over the book's heavy reliance on anonymous sources.</p>
</div>
<div class="wpds-c-PJLV wpds-c-PJLV-frkFWN-isCenteredLayoutAd-true wpds-c-PJLV-bHCGeL-isStandardLayoutAd-true article-body type-inline-ad subtype-desktop grid-full-bleed" data-qa="article-body"></div>
<div class="wpds-c-PJLV wpds-c-PJLV-frkFWN-isCenteredLayoutAd-true wpds-c-PJLV-bHCGeL-isStandardLayoutAd-true article-body type-inline-ad subtype-mobile grid-full-bleed" data-qa="article-body"><span style="font-family: itc-slimbach, &#039;Times New Roman&#039;, serif">"Our use of unnamed sources was a huge point of controversy for the book, but in my 55 years of reporting experience, people rarely shared secrets on the record, particularly at the time something is going on," Woodward writes in his memoir.</span></div>
<div class="wpds-c-PJLV article-body type-text grid-center grid-body" data-qa="article-body">
<p class="wpds-c-heFNVF wpds-c-heFNVF-iPJLV-css overrideStyles font-copy" dir="null" data-apitype="text" data-contentid="H6B34JHMCNBNTJG3RQ6OOU3SMU" data-el="text">Nearly a half-century later, Woodward finally names the five justices who granted interviews: Potter Stewart, Lewis Powell, Byron White, Harry Blackmun and William Rehnquist (all are now deceased). Woodward's memoir explains how he and Armstrong painstakingly cultivated the justices and their former clerks as sources. The authors kept long memos about the interviews, which Woodward draws on to quote the justices at length in his new book.</p>
</div>
</blockquote>
<p dir="null" data-apitype="text" data-contentid="H6B34JHMCNBNTJG3RQ6OOU3SMU" data-el="text">It is curious that Woodward's sources were all the conservatives on the Court. (During the late 1970s, even after <em>Roe v. Wade</em>, Blackmun was still considered a conservative.) Woodward apparently did not talk with Justices Brennan, Marshall, or Stevens. Indeed, throughout the entire WaPo piece, nearly every one of Woodward's sources were conservatives. (I'll go through more of them below). I wonder what Chief Justice Burger would think if he knew that the other three Nixon appointees were the sources of the leaks.</p>
<p dir="null" data-apitype="text" data-contentid="H6B34JHMCNBNTJG3RQ6OOU3SMU" data-el="text">Yet, even if Brennan did not talk directly to Woodward, one of Brennan's clerks leaked the critical document about the Watergate Tape Case. Steven Goldberg clerked for Brennan during the 1974-75 Term. Goldberg's co-clerk was Judge Marsha Berzon.</p>
<blockquote>
<div class="meteredContent grid-center">
<div class="wpds-c-PJLV article-body type-text grid-center grid-body" data-qa="article-body">
<p class="wpds-c-heFNVF wpds-c-heFNVF-iPJLV-css overrideStyles font-copy" dir="null" data-apitype="text" data-contentid="WQJAFUUSTZDHZBWF3RWN6IHGFQ" data-el="text">Woodward also tells the story of how got his hands on an internal Supreme Court document that was a cornerstone of "The Brethren": a confidential 75-page case history chronicling the justices' tense deliberations in <i>U.S. v. Nixon</i>. In an 8-0 decision, the court ruled in the 1974 landmark case that Nixon had to turn over his secret tape recordings in response to a federal subpoena and that, most importantly, the president is not above the law.</p>
<p class="wpds-c-heFNVF wpds-c-heFNVF-iPJLV-css overrideStyles font-copy" dir="null" data-apitype="text" data-contentid="WQJAFUUSTZDHZBWF3RWN6IHGFQ" data-el="text">In "Secrets," Woodward writes that he learned about the existence of the case history from Steven P. Goldberg, a former Supreme Court law clerk who died in 2010. But Goldberg was adamant: He couldn't possibly give Woodward a copy.</p>
<p class="wpds-c-heFNVF wpds-c-heFNVF-iPJLV-css overrideStyles font-copy" dir="null" data-apitype="text" data-contentid="WQJAFUUSTZDHZBWF3RWN6IHGFQ" data-el="text">Woodward wheedled and coaxed and pleaded. Despite Goldberg's repeated protestations, Woodward talked the clerk into letting him pay a visit to his home late that night.</p>
<p class="wpds-c-heFNVF wpds-c-heFNVF-iPJLV-css overrideStyles font-copy" dir="null" data-apitype="text" data-contentid="WQJAFUUSTZDHZBWF3RWN6IHGFQ" data-el="text">Goldberg still refused to cough up the document, however, so Woodward suggested a compromise: How about you read it aloud while I take notes?</p>
</div>
<div class="wpds-c-PJLV article-body type-text grid-center grid-body" data-qa="article-body">
<p class="wpds-c-heFNVF wpds-c-heFNVF-iPJLV-css overrideStyles font-copy" dir="null" data-apitype="text" data-contentid="WNXRZIQE2NFNNM24V3QSMYMKIM" data-el="text">"My plan was to wear him out until I either had enough of it down or he eventually gave it to me," Woodward recalls.</p>
</div>
<div class="wpds-c-PJLV article-body type-text grid-center grid-body" data-qa="article-body">
<p class="wpds-c-heFNVF wpds-c-heFNVF-iPJLV-css overrideStyles font-copy" dir="null" data-apitype="text" data-contentid="33MG7BJMI5GVFJPTM7GLYN3WWI" data-el="text">With a sigh, Goldberg started reading from a comfortable living room chair. Woodward smiled and took notes — but he did so very, very slowly and kept asking Goldberg to pause.</p>
</div>
<div class="wpds-c-PJLV wpds-c-PJLV-frkFWN-isCenteredLayoutAd-true wpds-c-PJLV-bHCGeL-isStandardLayoutAd-true article-body type-inline-ad subtype-mobile grid-full-bleed" data-qa="article-body"></div>
<div class="wpds-c-PJLV article-body type-text grid-center grid-body" data-qa="article-body">
<p class="wpds-c-heFNVF wpds-c-heFNVF-iPJLV-css overrideStyles font-copy" dir="null" data-apitype="text" data-contentid="NB3BXPFXKFBTZCV5NHXJJRKD5U" data-el="text">After a while, Goldberg fell deeply asleep. Woodward contemplated grabbing the case history from his lap and bolting out the front door, but "that seemed a little too far, even for me," he recalls.</p>
<p class="wpds-c-heFNVF wpds-c-heFNVF-iPJLV-css overrideStyles font-copy" dir="null" data-apitype="text" data-contentid="NB3BXPFXKFBTZCV5NHXJJRKD5U" data-el="text">Instead, he walked over to Goldberg, gave him a slight nudge and informed him that he would take the document and bring it back first thing in the morning.</p>
</div>
<div class="wpds-c-PJLV article-body type-text grid-center grid-body" data-qa="article-body">
<p class="wpds-c-heFNVF wpds-c-heFNVF-iPJLV-css overrideStyles font-copy" dir="null" data-apitype="text" data-contentid="O52GICLAXJG2XMNLJBAQJJC66E" data-el="text">Goldberg stirred with a look of "absolute exhaustion" on his face, according to the memoir. But the former clerk mumbled okay — and that was good enough for Woodward.</p>
<p class="wpds-c-heFNVF wpds-c-heFNVF-iPJLV-css overrideStyles font-copy" dir="null" data-apitype="text" data-contentid="O52GICLAXJG2XMNLJBAQJJC66E" data-el="text">"Not wanting to disturb him more, I gently took it. I did not want to run out the door but I moved swiftly," he writes. "If I was on a security camera, I wanted to be behaving properly, with whatever might be left of my dignity."</p>
</div>
<div class="wpds-c-PJLV article-body type-text grid-center grid-body" data-qa="article-body">
<p class="wpds-c-heFNVF wpds-c-heFNVF-iPJLV-css overrideStyles font-copy" dir="null" data-apitype="text" data-contentid="TFDO2LTGNZB4ZPKTNZSYS4UN5I" data-el="text">Woodward scampered home to read the whole thing. The case history proved invaluable, a "raw and unforgiving" and "Holy Grail" account of the court's inner workings.</p>
<p class="wpds-c-heFNVF wpds-c-heFNVF-iPJLV-css overrideStyles font-copy" dir="null" data-apitype="text" data-contentid="TFDO2LTGNZB4ZPKTNZSYS4UN5I" data-el="text">Before returning it to Goldberg the next day, he stopped at The Post's newsroom to make a photocopy.</p>
</div>
</div>
</blockquote>
<p dir="null" data-apitype="text" data-contentid="4LMVZVCUKNH5DPG64R4ZSHDMJM" data-el="text">One wonders if Justice Brennan tacitly or expressly authorized this leak, so long as the document was not provided. While the Chief Justice would often warn that leakers would have their careers ruined, Goldberg did not suffer at all. He would become a law professor at Georgetown, advocating for a strict separation of church and state. Goldberg <a href="https://www.washingtonpost.com/archive/local/2010/08/31/obituaries/f7a8baea-eb3b-4087-8c58-c324d837e0e8/">died in 2010</a>.</p>
<p dir="null" data-apitype="text" data-contentid="4LMVZVCUKNH5DPG64R4ZSHDMJM" data-el="text">I doubt Josh Gerstein had to take notes while someone read him the <em>Dobbs </em>opinion aloud.</p>
<p dir="null" data-apitype="text" data-contentid="4LMVZVCUKNH5DPG64R4ZSHDMJM" data-el="text">There's more. Boyden Gray, a prominent conservative lawyer, was a regular source for Woodward:</p>
<blockquote>
<div class="wpds-c-PJLV article-body type-text grid-center grid-body" data-qa="article-body">
<p class="wpds-c-heFNVF wpds-c-heFNVF-iPJLV-css overrideStyles font-copy" dir="null" data-apitype="text" data-contentid="IIV2VYJDQBED3DVSY6KHADG3NE" data-el="text">One such leaker was C. Boyden Gray, who served as White House counsel to George H.W. Bush during Bush's presidency and vice presidency. Woodward describes Gray, who died in 2023, as "one of my lifelong secret sources." He also lived just a block and a half away from Woodward in Georgetown, which made passing sensitive documents much easier.</p>
<div class="wpds-c-PJLV article-body type-text grid-center grid-body" data-qa="article-body">
<p class="wpds-c-heFNVF wpds-c-heFNVF-iPJLV-css overrideStyles font-copy" dir="null" data-apitype="text" data-contentid="ABB2Z46AIRG7NJREDVJQT3374Q" data-el="text">One Friday in February 1987, as the Iran-contra scandal was unfolding, Gray walked over to Woodward's house bearing a gift: a three-page memo labeled "top secret" regarding an Israeli official involved in the sale of U.S. arms to Iran. According to Woodward, the document contradicted the Reagan administration's public assertions about the scope of its contacts with Iran, and even he wondered at first why Gray had given it to him. He said Gray later explained that "he knew the memo would get out" eventually and "he wanted to get ahead of it."</p>
</div>
</div>
</blockquote>
<p dir="null" data-apitype="text" data-contentid="ABB2Z46AIRG7NJREDVJQT3374Q" data-el="text">Woodward also reveals that President Nixon's lawyers leaked information about their client.</p>
<blockquote>
<div class="wpds-c-PJLV article-body type-text grid-center grid-body" data-qa="article-body">
<p class="wpds-c-heFNVF wpds-c-heFNVF-iPJLV-css overrideStyles font-copy" dir="null" data-apitype="text" data-contentid="IKFMGNUCAJHM5HOBGI5NDQ5OHY" data-el="text">As Nixon's defense counsel, Buzhardt listened to hundreds of hours of conversations that the president had secretly taped in the White House but resisted turning over to prosecutors until he was finally ordered to do so by the Supreme Court. In public, Buzhardt vigorously defended Nixon and was seen as "the operational man in charge of the Watergate cover-up," according to Woodward. In private, however, his assessment of Nixon was caustic.</p>
</div>
<div data-qa="article-body"></div>
<div class="wpds-c-PJLV wpds-c-PJLV-frkFWN-isCenteredLayoutAd-true wpds-c-PJLV-bHCGeL-isStandardLayoutAd-true article-body type-inline-ad subtype-mobile grid-full-bleed" data-qa="article-body"><span style="font-family: itc-slimbach, &#039;Times New Roman&#039;, serif">"He flat out lies," Buzhardt told Woodward during one of 17 interviews that took place in 1974 and 1975. "He still to this day thinks that he was not involved in the cover-up."</span></div>
<div data-qa="article-body"></div>
<div class="wpds-c-PJLV wpds-c-PJLV-frkFWN-isCenteredLayoutAd-true wpds-c-PJLV-bHCGeL-isStandardLayoutAd-true article-body type-inline-ad subtype-mobile grid-full-bleed" data-qa="article-body"><span style="font-family: itc-slimbach, &#039;Times New Roman&#039;, serif">During the height of Watergate, Garment regularly met Woodward for interviews at a Chinese restaurant in downtown Washington and once brought along a briefcase filled with what the lawyer called "the really incriminating tapes." In the memoir Woodward doesn't say whether he was able to listen to them, but he writes that Garment called the recordings "infantile" and "sick." Through them, he added, Nixon was "letting America into the toilet of his mind."</span></div>
</blockquote>
<p dir="null" data-apitype="text" data-contentid="ABB2Z46AIRG7NJREDVJQT3374Q" data-el="text">Of all the leaks, these bother me especially. Lawyers have a duty of confidentiality. If they no longer could ethically represent a client, their recourse was to withdraw. It is unconscionable for lawyers to defend their client in court while undermining their client in the press. You wonder why Trump relies on lawyers he can trust. Because those he cannot trust are likely to attack him in the media. Not much has changed.</p>
<p dir="null" data-apitype="text" data-contentid="4LMVZVCUKNH5DPG64R4ZSHDMJM" data-el="text">I've pre-ordered the book, which will be released in November. I am curious about details concerning his SCOTUS chats.</p>
<p>The post <a href="https://reason.com/volokh/2026/10/26/bob-woodward-reveals-he-spoke-with-justices-stewart-powell-white-blackmun-and-rehnquist-for-the-brethren/">Bob Woodward Reveals He Spoke With Justices Stewart, Powell, White, Blackmun, and Rehnquist for &quot;The Brethren&quot;</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
]]>
		</content>
						</entry>
		<entry>
					<author>
			<name>Matthew Petti</name>
							<uri>https://reason.com/people/matthew-petti/</uri>
					</author>
					<title type="html"><![CDATA[
				New Book Says Jared Kushner Funneled Money to Middle East Mercenaries. Kushner Denies It.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/26/new-book-says-jared-kushner-funneled-money-to-middle-east-mercenaries-kushner-denies-it/" />
		<id>https://reason.com/?p=8407797</id>
		<updated>2026-10-26T16:01:39Z</updated>
		<published>2026-10-26T15:57:28Z</published>
			<category scheme="https://reason.com/latest/" term="Foreign Policy" /><category scheme="https://reason.com/latest/" term="Africa" /><category scheme="https://reason.com/latest/" term="Campaign Finance" /><category scheme="https://reason.com/latest/" term="Corruption" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Espionage" /><category scheme="https://reason.com/latest/" term="Finance" /><category scheme="https://reason.com/latest/" term="Hillary Clinton" /><category scheme="https://reason.com/latest/" term="Israel" /><category scheme="https://reason.com/latest/" term="Libya" /><category scheme="https://reason.com/latest/" term="Middle East" /><category scheme="https://reason.com/latest/" term="National Security" /><category scheme="https://reason.com/latest/" term="Qatar" /><category scheme="https://reason.com/latest/" term="Saudi Arabia" /><category scheme="https://reason.com/latest/" term="Scandal" /><category scheme="https://reason.com/latest/" term="Trump Administration" /><category scheme="https://reason.com/latest/" term="U.A.E." />		<summary type="html"><![CDATA[Princes and Thieves makes explosive claims about the Trump family’s role in Middle Eastern intrigue.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/10/26/new-book-says-jared-kushner-funneled-money-to-middle-east-mercenaries-kushner-denies-it/">
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		<p><a href="https://www.amazon.com/dp/B0GPGXL1YK/ref=nosim?tag=reasonmagazinea-20"><i><span style="font-weight: 400;">Princes and Thieves</span></i></a><span style="font-weight: 400;">, a new book by investigative journalist Matthew Cole, may open a rabbit hole into financial connections between Middle Eastern dictators and President Donald Trump's family. Cole accuses Emirati monarch Mohamed bin Zayed (MBZ) of sending billions of dollars to various mercenaries and political operators, including Jared Kushner, son-in-law to President Donald Trump. Cole's reporting combines well-documented connections with secondhand accounts from anonymous sources.</span></p>
<p><span style="font-weight: 400;">On Thursday, </span><i><span style="font-weight: 400;">Vanity Fair</span></i> <a href="https://www.vanityfair.com/story/jared-kushner-hacked-phone-secret-negotiations"><span style="font-weight: 400;">published</span></a><span style="font-weight: 400;"> an excerpt from the book, reporting that Dutch military intelligence hacked into Kushner's phone in 2018 and discovered hundreds of millions of dollars in bank transfers connected to MBZ. Also on Thursday, Kushner </span><a href="https://jaredkushner.com/posts/response-to-matthew-coles-book/"><span style="font-weight: 400;">published a letter</span></a><span style="font-weight: 400;"> from his lawyers to Cole categorically denying the "incredible and false" allegations in the book. "Mr. Kushner never accessed foreign accounts and always followed all rules and regulations and only pursued goals that were in the best interest of the United States as directed by the President of the United States," they wrote.</span></p>
<p><span style="font-weight: 400;">Cole had originally </span><a href="https://matthewcole.substack.com/p/my-new-book-is-ready-to-pre-order?"><span style="font-weight: 400;">written on his blog</span></a><span style="font-weight: 400;"> that the book was scheduled for release on October 27, but the publication date was pushed forward over the weekend.</span></p>
<p><span style="font-weight: 400;">The book purports to tie Kushner to a vast web of Emirati influence operations around the world. In Cole's telling, which matches </span><a href="https://www.nytimes.com/2020/01/09/magazine/united-arab-emirates-mohammed-bin-zayed.html"><span style="font-weight: 400;">other journalists' accounts</span></a><span style="font-weight: 400;">, MBZ wants to reshape the Middle East and eastern Africa into an alliance of U.S.-backed dictatorships, where "tolerance" is enforced through high-tech surveillance and "democracy" is a synonym for terrorism. MBZ's </span><a href="https://www.tandfonline.com/doi/full/10.1080/09592318.2021.1951432"><span style="font-weight: 400;">use of mercenaries</span></a><span style="font-weight: 400;"> in pursuit of these goals is well-documented. So is </span><span style="font-weight: 400;">Kushner's </span><a href="https://www.nytimes.com/2019/06/02/world/middleeast/crown-prince-mohammed-bin-zayed.html"><span style="font-weight: 400;">personal affinity</span></a><span style="font-weight: 400;"> with the Emirati monarch and his </span><a href="https://www.newsweek.com/jared-kushner-says-15bn-qatar-uae-came-irrespective-trump-win-2004895"><span style="font-weight: 400;">business ties</span></a><span style="font-weight: 400;"> with the Arab monarchies.</span></p>
<p>Soon after Trump won the 2016 election, MBZ held a <a href="https://www.nbcnews.com/politics/national-security/jared-kushner-close-friend-rick-gerson-now-under-scrutiny-mueller-n876361">widely reported meeting</a> with Kushner. According to the book—and according to much of that earlier reporting—the monarch complained about the Obama administration's failure to back Arab regimes against popular revolutions, its decision to end the Iraq War, and its diplomacy with Iran.</p>
<p><span style="font-weight: 400;">Going much further than past reporting, Cole now claims Kushner was personally involved in MBZ's mercenary operations. MBZ and Saudi Crown Prince Mohammad bin Salman put a collective $2 billion into Emirati and Israeli bank accounts which were managed (but not technically owned) by Kushner, according to Cole's sources. Those same sources claim that parts of this secret "slush fund" went to Libyan warlord Khalifa Haftar, American military contractor Erik Prince, and Cuban hitman Felipe Vidal.</span></p>
<p><span style="font-weight: 400;">Haftar, a former CIA asset, became a general in Libya's 2011 revolution and then attempted to overthrow the new government with Emirati backing in 2014. Despite a </span><a href="https://www.france24.com/en/20200111-forces-loyal-to-libyan-strongman-haftar-announce-ceasefire"><span style="font-weight: 400;">2020 ceasefire</span></a><span style="font-weight: 400;">, his forces continue to control much of Libya. Prince, founder of the</span><span style="font-weight: 400;"> military contractor formerly known as Blackwater, moved to the UAE and helped build a </span><a href="https://www.nytimes.com/2011/05/15/world/middleeast/15prince.html"><span style="font-weight: 400;">secret army</span></a><span style="font-weight: 400;"> of Colombian mercenaries. He sued Cole for defamation after Cole </span><a href="https://theintercept.com/2021/02/26/erik-prince-jordan-libya-weapons-opus/"><span style="font-weight: 400;">reported</span></a><span style="font-weight: 400;"> on Prince's role in helping Haftar, but a judge </span><a href="https://k2radio.com/judge-dismisses-park-county-resident-erik-princes-defamation-lawsuit/"><span style="font-weight: 400;">threw out</span></a><span style="font-weight: 400;"> the case. Cole's sources claimed that Vidal, a self-described "hit man," helped the United Arab Emirates (UAE) fake an Iranian attack on oil tankers in May 2019, meant to provoke Trump into war.</span></p>
<p><span style="font-weight: 400;">Kushner's lawyers have denied any relationship with any of those three men, apart from a single meeting with Prince after the 2016 election. (According to Cole, both Vidal and Prince refused to comment for the book.)</span><span style="font-weight: 400;"> The position of the U.S. government is that the May 2019 incident was a </span><a href="https://gulfnews.com/world/mena/iran-directly-behind-tanker-attacks-off-uae-coast-us-says-1.64179304"><span style="font-weight: 400;">genuine Iranian attack</span></a><span style="font-weight: 400;">, not an Emirati false flag.</span></p>
<p>After the <i>Vanity Fair</i> article was published last week, Israeli negotiator Gershon Baskin <span style="color: #1a1a1a;"><span style="caret-color: #1a1a1a;"><u>pointed</u></span></span><a href="https://www.jpost.com/opinion/article-912780"> out</a> in <em>The </em><i>Jerusalem Post</i> that the Central Bank of Israel "does not offer private banking services to individuals," which would make it impossible for Kushner's money to be deposited in the Central Bank of Israel, as Cole claimed. The book addresses that argument, claiming that the money was deposited "in what would appear to be a government account," with Kushner and Israeli Prime Minister Benjamin Netanyahu jointly authorizing transactions.</p>
<p>The Abraham Accords, which include an alliance between Israel and the UAE, have often been touted as a way for the U.S. to "spend less time and less resources in the Middle East," in the <a href="https://reason.com/2024/05/24/j-d-vance-condemned-neocons-then-called-for-the-same-middle-east-policy/">words</a> of Vice President J.D. Vance. But Cole argues that the UAE actually used its alliance to entangle American interests in a future conflict. The book states that Kushner set up "a rainy-day defense fund" for war with Iran, using Emirati money deposited in a separate Central Bank of Israel account.</p>
<p><span style="font-weight: 400;">Cole also claims to have evidence that Kushner was on the take from the UAE's regional frenemy Qatar. In 2017, the UAE and Saudi Arabia issued an ultimatum for Qatar to rein in its foreign policy and blockaded the small nation. </span><i><span style="font-weight: 400;">The Intercept</span></i><span style="font-weight: 400;"> later </span><a href="https://theintercept.com/2018/03/02/jared-kushner-real-estate-qatar-blockade/"><span style="font-weight: 400;">reported</span></a><span style="font-weight: 400;"> that Kushner's father had sought a Qatari bailout for the family real estate business just before the crisis, and the Qatari-linked company Brookfield </span><span style="font-weight: 400;">ended up </span><a href="https://www.nytimes.com/2018/08/03/nyregion/kushners-building-fifth-avenue-brookfield-lease.html"><span style="font-weight: 400;">providing</span></a><span style="font-weight: 400;"> the needed investment in August 2018, leading to a </span><a href="https://oversightdemocrats.house.gov/news/press-releases/house-oversight-and-senate-finance-committees-seek-documents-from-state-and"><span style="font-weight: 400;">congressional investigation</span></a><span style="font-weight: 400;"> into the deal.</span></p>
<p><span style="font-weight: 400;">Democrats are still </span><a href="https://www.finance.senate.gov/ranking-members-news/wyden-garcia-investigate-kushner-raising-billions-from-middle-east-governments-while-negotiating-us-foreign-policy"><span style="font-weight: 400;">digging for information</span></a><span style="font-weight: 400;"> on Kushner's business ties to Qatar, but three sources told Cole that the Qatari royal family authorized and paid for the Brookfield deal. The Qatari government "asked the White House how to resolve the blockade. And the Kushners kept saying, 'We have this great property that needs investment.' Eventually, the Qataris realized the only way to settle the blockade was to buy the building," a former U.S. intelligence officer said.</span></p>
<p><span style="font-weight: 400;">Kushner's lawyers write that they have "no evidence that Qatar impacted the investment decision. Any suggestion of his involvement in the transaction or any allegation of quid pro quo with the Qatari government is false and defamatory."</span></p>
<p><span style="font-weight: 400;">Other parts of the book are better-documented. Cole obtained a draft of Prince's autobiography, text messages from one of Prince's colleagues, and emails from Emirati government adviser George Nader, who was convicted of <a href="https://www.washingtonexaminer.com/news/1532055/mueller-witness-pleads-guilty-in-illegal-scheme-to-funnel-uae-money-to-hillary-clintons-2016-campaign/">fraudulently funneling</a> money into Hillary Clinton's 2016 presidential campaign. If nothing else, the book is a comprehensive account of the UAE's unofficial empire and its American ties. But the most explosive claims about Kushner's involvement in those activities rest on anonymous sources, making it a matter of Cole's word against Kushner's.</span></p>
<p><span style="font-weight: 400;">"I considered the responses from Kushner's attorneys carefully and consulted multiple sources about them. During the five years I have spent working on this book, I have tried to keep an open mind, and I am confident that my reporting is accurate. Kushner's lawyers' responses did not change that conclusion," Cole writes in the book's epilogue.</span></p>
<p>The post <a href="https://reason.com/2026/10/26/new-book-says-jared-kushner-funneled-money-to-middle-east-mercenaries-kushner-denies-it/">New Book Says Jared Kushner Funneled Money to Middle East Mercenaries. Kushner Denies It.</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Princes and Thieves/Matthew Cole/Atria/One Signal Publishers/]]></media:credit>
		<media:description type="html"><![CDATA[Cover of 'Princes and Thieves' with Jared Kushner (on the left) and Mohamed bin Zayed (on the right)]]></media:description>
		<media:title><![CDATA[Princes and Thieves]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/10/Princes-and-Thieves-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eric Boehm</name>
							<uri>https://reason.com/people/eric-boehm/</uri>
						<email>Eric.Boehm@Reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Trump's Tariffs Are Politically Toxic			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/26/trumps-tariffs-are-politically-toxic/" />
		<id>https://reason.com/?p=8407781</id>
		<updated>2026-10-26T16:05:59Z</updated>
		<published>2026-10-26T15:40:31Z</published>
			<category scheme="https://reason.com/latest/" term="Campaigns/Elections" /><category scheme="https://reason.com/latest/" term="Congress" /><category scheme="https://reason.com/latest/" term="Elections" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Tariffs" /><category scheme="https://reason.com/latest/" term="Campaign Ads" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Election 2026" /><category scheme="https://reason.com/latest/" term="Free Trade" /><category scheme="https://reason.com/latest/" term="Republican Party" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[Voters hate the tariffs—and elected Republicans aren't even trying to defend the president's signature policy anymore.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/10/26/trumps-tariffs-are-politically-toxic/">
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		<p>When the White House <a href="https://reason.com/2025/11/14/the-trump-administration-finally-admits-that-tariffs-raise-prices/">rolled back tariffs</a> on coffee, fruit, beef, and <a href="https://reason.com/2026/06/02/cutting-tariffs-on-farm-equipment-is-another-admission-that-trumps-trade-policies-are-increasing-prices/">farm equipment</a>, it was effectively an admission that the tariffs were raising prices—and that Americans, not foreigners, had been paying for them.</p>
<p>Now, in the closing stages of the midterm campaign, the White House is once again rolling back some of those import taxes—and once again making an awkward implicit admission.</p>
<p>President Donald Trump's tariffs have become politically toxic.</p>
<p>The administration announced late last week that it would lift the 50 percent tariffs on some Canadian imports, <a href="https://x.com/crampell/status/2113693398729457703">apparently</a> in an attempt to help Sen. Susan Collins (R–Maine) survive a tough reelection campaign in which the tariffs have played a significant role.</p>
<p>If this is indeed an attempt to sway voters in Maine, it is not a very convincing one. The Trump administration is removing tariffs on some agricultural and mechanical goods, as well as packaging and plywood, <em>The Wall Street Journal</em> <a href="https://www.wsj.com/politics/policy/trump-expected-to-remove-some-tariffs-on-canada-in-bid-to-help-susan-collins-6a89ed1d?st=g2HvCk">reports</a>. But Trump is also imposing new 50 percent tariffs on "other Canadian goods, including carpet, certain valves, and waste products."</p>
<p>Collins issued a <a href="https://www.collins.senate.gov/newsroom/after-discussions-with-cabinet-officials-senator-collins-announces-certain-tariff-exemptions-for-agricultural-producers-in-maine">statement</a> thanking the White House for the changes. This is what members of the U.S. Senate have been reduced to—begging the president to cast his capricious, tariff-happy eyes toward products that will hurt people in other states more than in your own. (In fairness to Collons, she has <a href="https://reason.com/2026/10/08/republicans-are-getting-grilled-over-trumps-tariffs/">voted repeatedly</a> to roll back Trump's tariffs, but not enough of her fellow Republicans went along with it.)</p>
<p>Still, it's worth asking: What exactly is the pitch to voters here? Here's a tariff cut, now vote for Republicans so the president can continue to arbitrarily tax imports whenever the mood strikes?</p>
<p>It's easy to see why Trump's tariffs have become so unpopular. They are a huge and broad tax increase—the Tax Foundation <a href="https://taxfoundation.org/research/federal-tax/trump-tariffs-trade-war/">estimates</a> that 54 percent of imports are subject to Trump's tariffs, which are costing the average household about $1,000 annually—that was imposed without congressional authorization or popular support. They create <a href="https://www.hks.harvard.edu/centers/mrcbg/programs/growthpolicy/tariffs-tend-create-more-losers-while-free-trade-leads-more">more losers than winners</a>, as <a href="https://reason.com/2026/04/02/infographic-who-really-pays-for-tariffs-these-scholars-tracked-a-bottle-of-wine-to-find-out/">downstream businesses and consumers</a> pay the price for the protectionism offered to American manufacturers. Even the supposed "winners" of the tariff policy tend also to be "losers," since so much manufacturing depends on <a href="https://itif.org/publications/2025/02/21/intermediate-goods-the-hidden-cost-of-blanket-tariffs/">importing raw materials and intermediate goods</a>.</p>
<p>Perhaps more surprising is how unwilling Republicans are to defend the president's signature economic policy. Or to even talk about it.</p>
<p><em>The Wall Street Journal</em>'s Greg Ip <a href="https://www.wsj.com/economy/trade/how-tariffs-became-the-most-hated-word-in-politics-eeed7932?mod=hp_lead_pos6">crunched the numbers</a> and found that House GOP candidates have not run a single ad talking about the tariffs during this election cycle.</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Just such a fun chart here from <a href="https://x.com/greg_ip?ref_src=twsrc%5Etfw">@greg_ip</a>. If only we could tease out some meaning. Ah, well, nevertheless. <img src="https://s.w.org/images/core/emoji/17.0.2/72x72/1f923.png" alt="🤣" class="wp-smiley" style="height: 1em; max-height: 1em;" /> <a href="https://t.co/1X4AWcWQMV">pic.twitter.com/1X4AWcWQMV</a></p>
<p>&mdash; Scott Lincicome (@scottlincicome) <a href="https://x.com/scottlincicome/status/2113724731723518377?ref_src=twsrc%5Etfw">October 23, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<p>That silence speaks volumes. Trump says "tariff" is "the most beautiful word in the dictionary." But it is now "one of the most hated words in politics," <a href="https://www.wsj.com/economy/trade/how-tariffs-became-the-most-hated-word-in-politics-eeed7932?mod=hp_lead_pos6">writes</a> Ip.</p>
<p>The only Republicans to mention trade or tariffs in a campaign ad, as far as I've seen, is former Rep. Mike Rogers, who is now running for the Senate seat in Michigan (and thus was not included in Ip's analysis). And he's calling for an<em> end</em> to the "<a href="https://x.com/MikeRogersForMI/status/2107817908239802696">tariff war</a>."</p>
<p>There is a lesson here that hopefully will linger beyond the next week: If you support a policy that deliberately and unlawfully raises taxes and prices, voters will not reward you for it.</p>
<p>It's a lesson that the Republican Party learned long ago, but apparently forgot.</p>
<p>Against <a href="https://www.aei.org/economics/the-economists-tariff-protest-of-1930/">economists' advice</a>, a Republican-led government in 1930 implemented a <a href="https://www.britannica.com/topic/Smoot-Hawley-Tariff-Act">huge tariff hike</a> intended to protect American farms and factories at the start of the Great Depression. Instead, those tariffs worsened economic conditions and triggered foreign retaliation.</p>
<p>When voters went to the polls in 1930, the first midterm after the Smoot-Hawley tariffs were passed, they registered their displeasure. The GOP <a href="https://en.wikipedia.org/wiki/1930_United_States_House_of_Representatives_elections">lost 52 seats</a> in the House that year. Two years later, an even larger landslide would sweep Democrats into power in Congress and the White House, ushering in the New Deal era that reshaped the federal government forever. The two lawmakers who lent their names to the legislation were among those <a href="https://www.investopedia.com/terms/s/smoot-hawley-tariff-act.asp">who lost their seats</a>, fittingly.</p>
<p>The most notable difference this time around is that Congress didn't actually pass a tariff bill. The trade barriers were instead imposed directly by the executive. Voters don't seem to care. Republicans were <a href="https://reason.com/2026/02/13/the-cowardice-of-the-republican-tariff-skeptics/">too cowardly</a> to stand up to Trump's unilateral power grab, and now they seem too ashamed to try to defend that policy (and their largely complicit response) on the campaign trail.</p>
<p>As they say, those who don't learn from history are doomed to repeat it. And "doomed" may be a fitting way to describe the Republican majority in Congress right now, thanks in no small part to Trump's tariffs.</p>
<p>The post <a href="https://reason.com/2026/10/26/trumps-tariffs-are-politically-toxic/">Trump&#039;s Tariffs Are Politically Toxic</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
							<media:credit><![CDATA[Chris Kleponis - CNP/Newscom]]></media:credit>
		<media:title><![CDATA[Trump-Tariff-oct-26]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/10/Trump-Tariff-oct-26-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Joe Lancaster</name>
							<uri>https://reason.com/people/joe-lancaster/</uri>
						<email>joe.lancaster@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Justice Department Targets Alaska Senate Election			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/26/justice-department-targets-alaska-senate-election/" />
		<id>https://reason.com/?p=8407733</id>
		<updated>2026-10-26T14:00:17Z</updated>
		<published>2026-10-26T14:00:17Z</published>
			<category scheme="https://reason.com/latest/" term="Campaigns/Elections" /><category scheme="https://reason.com/latest/" term="Midterm" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Senate" /><category scheme="https://reason.com/latest/" term="Alaska" /><category scheme="https://reason.com/latest/" term="Department of Justice" /><category scheme="https://reason.com/latest/" term="Election 2026" /><category scheme="https://reason.com/latest/" term="Lawsuits" />		<summary type="html"><![CDATA[The Trump administration says the state should not certify the election if the incumbent loses too narrowly.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/10/26/justice-department-targets-alaska-senate-election/">
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										alt="President Donald Trump holds Sen. Dan Sullivan&#039;s (R–Alaska) hand in the Oval Office, surrounded by other people. | Illustration: YURI GRIPAS/UPI/Newscom"
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		<p>Alaska's U.S. Senate race features four candidates. Two are named Dan Sullivan: the Republican incumbent, and a political neophyte.</p> <p>Republicans say the presence of two Dan Sullivans on the ballot is an illegal act of election interference. The federal government is now suing to keep Alaska from certifying the election results, but only if their guy loses.</p> <p>"One of the biggest election scandals in history has been the Democrats' installation of a fake Dan Sullivan (not the US Senator) to deceive voters in Alaska," White House advisor Stephen Miller <a href="https://x.com/StephenM/status/2114106394274074658?s=20">wrote</a> on X. President Donald Trump <a href="https://www.foxnews.com/politics/trump-says-we-are-looking-into-other-dan-sullivan-alaska-ballot-warns-about-governors-race">called</a> it "a disgrace."</p> <p>"Democrats pulled a dirty trick by enlisting a decoy, Daniel J. Sullivan, to run against Republican Alaska Sen. Dan S. Sullivan," <em>The</em> <em>Wall Street Journal</em> <a href="https://www.wsj.com/opinion/trump-administration-lawsuit-alaska-senate-race-dan-sullivan-64bd9f90">editorialized</a>. "Please spare us the lectures about election interference."</p> <p>Last week, the Department of Justice (DOJ) sued the state of Alaska and its election authorities.</p> <p>"Should Alaska certify any electoral results tainted by the inclusion on the<br /> ballot of Daniel J. Sullivan," the <a href="https://storage.courtlistener.com/recap/gov.uscourts.akd.80263/gov.uscourts.akd.80263.1.0_2.pdf">filing</a> warns, "the State and its officers will fail in its obligation to protect the integrity of its election. The United States accordingly brings this lawsuit to protect the integrity of the 2026 Senate election in Alaska."</p> <p>Alaska uses a ranked choice ballot, in which voters are given four candidates and rank each one in order of preference. Along with the Sullivans, the candidates are Mary Peltola, a Democrat who is <a href="https://fiftyplusone.news/polls/senate/general/alaska">polling</a> narrowly ahead, and Gerald Heikes.</p> <p>The Justice Department lawsuit says Republican voters would be too confused by the presence of two Dan Sullivans to properly fill out their ballot: "Some supporters of Senator Sullivan likely will inadvertently vote for Daniel J. Sullivan. Other supporters of Senator Sullivan likely will be confused as to how to rank the three Republican candidates as to defeat Peltola."</p> <p>Given this, "there is a substantial likelihood that a certification of the election will reflect an electoral process that lacked integrity," the lawsuit proclaims. "To guard against this danger, it is vital that [Alaska] not certify any election result" in which "(1) Senator Sullivan does not win the election; and (2) had all votes cast for Daniel J. Sullivan been cast instead for Senator Sullivan and Alaska's rank-choice process played out accordingly, Senator Sullivan would have won the election."</p> <p>In other words, the state of Alaska should only certify the election <em>if Sullivan wins</em>; if Peltola wins, but it's close, then that could suggest it "lacked integrity," and the state must instead conduct "an investigation to determine whether votes cast for Daniel J. Sullivan were meant to be cast for Senator Sullivan."</p> <p>The lawsuit has a number of problems. First and foremost, it's completely inappropriate to treat an election as fair only if your candidate wins, even if it is what Trump <a href="https://reason.com/2023/08/02/did-trump-really-believe-the-election-was-stolen-here-is-why-it-matters/">believes</a>.</p> <p>It's also too late to bring an action of this kind: The state elections division <a href="https://www.elections.alaska.gov/wp-content/uploads/2026/06/Final-Determination-6.15.2026-DOE.pdf">decided in June</a> to bar Daniel J. Sullivan from the ballot, but a state superior court <a href="https://public.courts.alaska.gov/web/media/MRCF/3AN-26-07485CI/order2.pdf">reversed</a> and the Alaska Supreme Court <a href="https://appellate-records.courts.alaska.gov/CMSPublic/Case/Docket?q=w6sobc/DATc4vP2vv76aFg==%27">upheld</a> the reversal before the end of that month.</p> <p>And yet the feds waited until less than two weeks before Election Day—when ballots have been printed and tens of thousands of Alaskans have <a href="https://alaskabeacon.com/2026/10/22/thousands-of-alaskans-are-voting-before-election-day-some-ballots-wont-be-counted-until-after-it/">already voted</a>—to bring this suit.</p> <p>If the Justice Department was truly concerned about voter confusion, it should have brought a lawsuit months ago. But even then, it's not clear what it could have done: "DOJ has no power to decide which candidates can appear on the ballot," <a href="https://slate.com/news-and-politics/2026/10/2026-midterm-news-doj-alaska-trump-fraud.html?gift_token=eTi6jUaJRB2os0SnVj_-uA">writes</a> UCLA School of Law professor Richard L. Hasen.</p> <p>Besides, it's not illegal to mislead or even outright lie to voters. "If 'voter confusion' were a legitimate reason to overturn election results, that would imperil a great many election winners, as voter ignorance—and exploitation thereof by candidates—is a widespread and longstanding problem," <a href="https://reason.com/volokh/2026/10/23/trump-sues-to-block-alaska-senate-election-results-because-potential-voter-confusion/">writes</a> George Mason University law professor Ilya Somin.</p> <p>It does seem more likely than not that Daniel J. Sullivan is indeed running just to pull votes from the senator with the same name.</p> <p>But as I <a href="https://reason.com/2026/10/15/what-happens-when-2-dan-sullivans-run-for-the-same-senate-seat/">pointed out</a> earlier this month, the ranked-choice ballot itself can take care of this problem: Republican voters who wish to reelect Sullivan can simply rank both Dan Sullivans first and second; if and when Daniel J. Sullivan fails to capture more than 50 percent of all votes, he will be eliminated, and his votes will transfer to all their second choices.</p> <p>The <a href="https://www.elections.alaska.gov/election/2026/General/SampleBallots/Federal%20only">ballot</a> itself makes it clear which Sullivan is which: The sitting senator is labeled as both <em>Registered Republican</em> and <em>incumbent</em>.</p> <figure class="alignnone size-full wp-image-8407734"><img fetchpriority="high" decoding="async" class="alignnone size-full wp-image-8407734" src="https://reason.com/wp-content/uploads/2026/10/2026-alaska-senate-candidates-ballot.jpeg" alt="Alaska's 2026 candidates for U.S. Senate: Heikes, Gerald L. (Registered Republican) Peltolta, Mary (Registered Democrat) Sullivan, Daniel J. Jr. Sullivan, Dan S. (Registered Republican) Incumbent" width="612" height="246" data-credit="Alaska Division of Elections" srcset="https://reason.com/wp-content/uploads/2026/10/2026-alaska-senate-candidates-ballot.jpeg 612w, https://reason.com/wp-content/uploads/2026/10/2026-alaska-senate-candidates-ballot-300x121.jpeg 300w" sizes="(max-width: 612px) 100vw, 612px" /><figcaption>Alaska Division of Elections</figcaption></figure> <p>Despite Miller's <a href="https://x.com/StephenM/status/2114051703041380728?s=20">claim</a> that letting two Dan Sullivans on the ballot "reveals pure contempt for voters," it's the objecting Republicans who appear to lack faith in their voters.</p> <p>"People are totally confused," Trump <a href="https://x.com/atrupar/status/2114398280134041853?s=20">told reporters</a>. "A lot of people don't know what 'incumbent' means."</p> <p>When CNN's Dana Bash <a href="https://www.cnn.com/2026/10/25/politics/video/blanche-midterms-sotu">asked</a> Attorney General Todd Blanche what crime is being alleged, he replied that "it depends." He elaborated: "There could be a crime, but the real wrong here is that Alaskans are going to be confused and will not have their vote heard."</p> <p>This isn't even Alaska's most complicated election in recent memory. In 2010, after Sen. Lisa Murkowski lost the Republican primary to Joe Miller, she <a href="https://rollcall.com/2010/09/17/murkowski-launches-write-in-bid-gop-leaders-embrace-miller/">announced</a> that she would still run as a write-in candidate—requiring voters to not just know about her ahead of time but to add her name by hand.</p> <p>Improbably, Murkowski <a href="https://archive.nytimes.com/www.nytimes.com/elections/2010/results/alaska.html">prevailed</a>, defeating Miller by more than 10,000 votes.</p> <p>If Trump, Blanche, Miller, and others are truly concerned that the ballot will be too confusing for Alaska Republicans, they could expend some energy showing them how to use the ranked choice ballot.</p> <p>In fact, Sullivan has done just that, posting a <a href="https://x.com/DanSullivan_AK/status/2114001467589710304?s=20">video</a> on X explaining how to rank all candidates except Peltola.</p> <p>What they can't do is force a state to reject the results if their guy loses.</p> <p>"<span class="css-1jxf684 r-bcqeeo r-1ttztb7 r-qvutc0 r-poiln3">Alaskans don't need any help voting for their preferred candidates, and the State of Alaska has already handled this by clearly distinguishing the candidates on this year's ballot," Murkowski <a href="https://x.com/lisamurkowski/status/2113801082702852173?s=20">wrote</a> on X. "The Department of Justice should never have filed this lawsuit."</span></p> <p>"I believe that this lawsuit is abusive in its intentions and borders on frivolous in its arguments, and that it is destined for defeat in the courts should it reach the merits," Cato Institute senior fellow Walter Olson noted in a <a href="https://www.cato.org/blog/doj-sues-prevent-certification-alaska-senate-winner-its-democrat">statement</a>. "This lawsuit is an assault on the constitutional design by which states, not the federal government, run elections. The issue in question is one for the Alaska Supreme Court to decide under Alaska law, and the Alaska court did just that."</p><p>The post <a href="https://reason.com/2026/10/26/justice-department-targets-alaska-senate-election/">Justice Department Targets Alaska Senate Election</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: YURI GRIPAS/UPI/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[President Donald Trump holds Sen. Dan Sullivan's (R–Alaska) hand in the Oval Office, surrounded by other people.]]></media:description>
		<media:title><![CDATA[trump-dan-sullivan]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Liz Wolfe</name>
							<uri>https://reason.com/people/liz-wolfe/</uri>
						<email>liz.wolfe@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Will the Wealth Tax Fail?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/26/will-the-wealth-tax-fail/" />
		<id>https://reason.com/?p=8407779</id>
		<updated>2026-10-26T13:30:47Z</updated>
		<published>2026-10-26T13:30:47Z</published>
			<category scheme="https://reason.com/latest/" term="Campaigns/Elections" /><category scheme="https://reason.com/latest/" term="Midterm" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Ballot Initiatives" /><category scheme="https://reason.com/latest/" term="California" /><category scheme="https://reason.com/latest/" term="Election 2026" /><category scheme="https://reason.com/latest/" term="Reason Roundup" /><category scheme="https://reason.com/latest/" term="Taxes" /><category scheme="https://reason.com/latest/" term="Taxpayers" /><category scheme="https://reason.com/latest/" term="Voting" /><category scheme="https://reason.com/latest/" term="wealth tax" />		<summary type="html"><![CDATA[Plus: Brazilian presidential elections, passing by Cuba, Taiwanese families who hate Arizona's schools, and more...]]></summary>
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										alt="Prop 40 | Mohd Izzuan Roslan/Dreamstime"
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		<p><strong>California's experiment: </strong>Will California's proposed wealth tax, Prop 40, pass next week? And if it gets passed, will it end up actually costing the state money instead of generating revenue?</p>
<p>The basics: The proposal features a one-time 5 percent tax on people with net worths over $1 billion who lived in the state on January 1, 2026 (with the net worth amount calculated as of December 31, 2026). The idea for the snapshot date is presumably to prevent capital flight once the tax passes. The tax's supporters say the tax's revenues will amount to <a href="https://x.com/gabriel_zucman/status/2112988788158828842?s=20">$100 billion</a> and will fund California's health care system, which need to make up for federal Medicaid cuts.</p>
<p>Seven billionaires, representing 30 percent of the total billionaire wealth in the state, left California before January 1, 2026, when news of the possible tax broke. Peter Thiel, Larry Page, and Sergey Brin are among the deserters. The French economist Gabriel Zucman—an intense defender of the wealth tax—seems committed to the idea that this flight won't matter too much. He argues that while removing those seven brings down revenue estimates to $89 billion, adding in less-prominent small-time billionaires raises revenue to $115 billion.</p>
<p><span data-sheets-root="1"></span></p>
<p>This is silly. As <em>The Washington Post</em>'s Megan McArdle <a href="https://www.washingtonpost.com/opinions/2026/10/25/california-billionaire-tax-proposal-could-drive-away-wealth/">points out</a>, there's no reason to believe those less-famous billionaires would stay put. We have a hard time estimating what the total preemptive flight looks like, and how many billionaires have successfully taken up residency elsewhere.</p>
<p>"Either the tax is annual—and in that case it generates revenue annually, and some billionaires leave," <a href="https://x.com/gabriel_zucman/status/2112988804516561249?s=20">claims</a> Zucman. "Or the tax is one-time—in that case it generates revenue in just one year, and there is no incentive to leave. It can't be both at the same time." Zucman doesn't seem to consider that billionaires have already left, as soon as the idea was seriously floated, thus taking early steps to shield their wealth from the state.</p>
<p>Will it pass? "Likely voters are essentially where they were a month ago," <a href="https://www.politico.com/news/2026/10/19/california-billionaire-tax-poll-01125462">reports</a> <em>Politico, </em>based on recent polling data, "with 46% in favor of Proposition 40 and 43% opposed—despite a recent <a class="text-[var(--color-link-default)]" href="https://www.politico.com/news/2026/10/03/bernie-sanders-billionaire-tax-san-francisco-rally-01105995">push by backers of the measure, including Sen. Bernie Sanders</a>, to rally support." Interestingly, "a strikingly high share of registered voters (84%) said they'd been exposed to advertisements or messages about the tax, but a 45% plurality said the communications had not swayed them, and those whose views had shifted were just as likely to be more opposed as more supportive."</p>
<p>There's another complication: On that very same ballot, voters will decide on Propositions 41 and 42, competing measures that could keep Prop 40 from taking effect. Prop 40 will be nullified if either one gets more votes; but Prop 40 will nullify both of them if it gets more votes. Prop 42 would bar new taxes on personal property such as businesses, investments, retirement accounts, trusts, and art collections—things Prop 40 targets. It also bans retroactive taxes, thus making Prop 40 impossible to pull off.</p>
<p>Back in January, <em>Pirate Wires' </em>Mike Solana <a href="https://www.piratewires.com/p/exodus-the-largest-wealth-flight">spoke</a> with a bunch of billionaires who were worried about the tax and making plans to flee, partially out of distrust that the tax would be one-and-done. "Three men I spoke with in the largest billionaire Signal chat said they ran an informal poll, and seventy percent of the chat (around sixty people, not all of whom were billionaires) indicated they would leave the state if the ballot proposition passes," reports Solana. "According to that same poll, around 15% have already left the state."</p>
<p>"There is now real danger in appearing successful in the state of California," writes Solana, "as the far left, imbued with a great deal of power, and benefiting now from several years of wealth scapegoating throughout the mainstream press, attempts to liquidate its perceived enemies in business."</p>
<hr />
<p><strong><em>Scenes from New York: </em></strong>I'm fully aboard this train these days, though open to being convinced why I'm wrong:</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">If you truly *love* American cities, you MUST support strict enforcement of laws against anti-social behavior. Paying bus fares, red light cameras, camping on sidewalks, smoking on trains, off-leash dogs, etc etc</p>
<p>If people want to do whatever they want, that's FINE in the&hellip; <a href="https://t.co/XU0WQR30yz">https://t.co/XU0WQR30yz</a></p>
<p>&mdash; Bobby Fijan (@bobbyfijan) <a href="https://x.com/bobbyfijan/status/2114516795998515687?ref_src=twsrc%5Etfw">October 26, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<hr />
<h2>QUICK HITS</h2>
<ul>
<li>"Brazilian markets are heading for a major rout when local trading begins after President Luiz Inácio Lula da Silva pulled off a stunning comeback to defeat Flávio Bolsonaro, the right-wing candidate that many investors preferred," <a href="https://www.bloomberg.com/news/articles/2026-10-26/brazil-markets-brace-for-rout-on-lula-s-improbable-election-win?srnd=homepage-americas">reports</a> <em>Bloomberg. </em>This will be da Silva's <a href="https://www.wsj.com/world/americas/lula-clings-to-power-in-brazil-election-upset-dba88f6c?mod=hp_lead_pos1">fourth term</a>.</li>
<li>Is <a href="https://www.wsj.com/business/retail/why-so-many-shoppers-think-retailers-are-using-ai-to-jack-up-prices-d77cd4eb?mod=hp_lead_pos3">dynamic pricing on the rise</a>? Customers say <em>yes</em>, but most companies say they're wrong. My thought: Even if it's not <em>currently </em>happening to the degree angry customers claim, it certainly will be big in the future, as online shopping takes over and AI makes implementation easier. Consider the upside, though, <a href="https://www.wsj.com/business/retail/why-so-many-shoppers-think-retailers-are-using-ai-to-jack-up-prices-d77cd4eb?mod=hp_lead_pos3">noted</a> in this <em>Wall Street Journal </em>piece: "Much current angst is focused on electronic shelf labels, which have replaced the printed labels that dotted shelves at groceries and other stores. Research on digital shelf labels in the U.S. and Europe, where grocers have widely used the technology for more than a decade, found the labels don't lead to surge pricing<strong class="css-11kxzt3-Strong e1ofiv6m1" data-type="emphasis">, </strong>in part because price changes are obvious to anyone walking by. Rather, research found, grocers have used the labels to discount goods that are about to expire, reducing food waste."</li>
<li>Great <em>Washington Post </em><a href="https://www.washingtonpost.com/opinions/2026/10/25/europe-cant-redistribute-its-way-prosperity/">headline</a>: "Europe is running out of other people's money."</li>
<li>President Donald Trump <a href="https://x.com/atrupar/status/2113716399101104552?s=46">claims</a> the ships passing past Cuba on their way home from Iran will just, uh, handle the situation there. Sure.</li>
<li>Interesting:</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Striking detail in the big NYT piece on Taiwanese families adjusting to working at the huge new TSMC chip plant in Arizona: their surprise at the lack of rigor in US schools. <a href="https://t.co/YkSPzbHCuE">pic.twitter.com/YkSPzbHCuE</a></p>
<p>&mdash; Alec MacGillis (@AlecMacGillis) <a href="https://x.com/AlecMacGillis/status/2114524614760042992?ref_src=twsrc%5Etfw">October 26, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<p>The post <a href="https://reason.com/2026/10/26/will-the-wealth-tax-fail/">Will the Wealth Tax Fail?</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
							<media:credit><![CDATA[Mohd Izzuan Roslan/Dreamstime]]></media:credit>
		<media:title><![CDATA[Prop 40]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/10/Prop-40-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Harassment Restraining Order Based Largely on Speech Critical of Zoo Veterinarian,			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/10/26/harassment-restraining-order-based-largely-on-speech-critical-of-zoo-veterinarian/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8407759</id>
		<updated>2026-10-26T12:34:46Z</updated>
		<published>2026-10-26T12:34:46Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Harassment" />		<summary type="html"><![CDATA[vacated on First Amendment grounds by a Massachusetts appellate court.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/10/26/harassment-restraining-order-based-largely-on-speech-critical-of-zoo-veterinarian/">
			<![CDATA[<p>From <em><a href="https://caselaw.findlaw.com/court/ma-court-of-appeals/330792.html">E.B. v. J.R.</a></em>, decided Aug. 20 by Massachusetts Appeals Court Justices Sabita Singh, Rachel Hershfang, and Chauncey Wood:</p>
<blockquote><p>The defendant appeals from harassment prevention orders issued pursuant to G. L. c. 258E (258E orders), by a judge of the District Court, requiring the defendant, among other things, to stay away from a city zoo where she had regularly protested the treatment of animals in its care. The plaintiff, a veterinarian who worked at the zoo, sought and obtained an ex parte 258E order against the defendant, which was later extended following a hearing after notice&hellip;.</p>
<p>When reviewing whether the evidence was sufficient to support the issuance [or extension] of a 258E order, we consider [consistently with the statutory requirements] whether, "by a preponderance of the evidence, together with all permissible inferences," the judge could have found "that the defendant had committed '[three] or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that [did] in fact cause fear, intimidation, abuse or damage to property.'" &hellip;</p>
<p>Where the harassing acts consist of speech, each act must be the type of speech that is not protected by the First Amendment to the United States Constitution, i.e., generally either "true threats" or "fighting words." True threats include "direct threats of imminent physical harm" and "words or actions that—taking into account the context in which they arise—cause the victim to fear such [imminent physical] harm now or in the future and evince intent on the part of the speaker or actor to cause such fear." Fighting words are limited to personal insults that are inherently likely to incite a violent reaction&hellip;.</p>
<p>The plaintiff's affidavit described the following four alleged incidents of harassment.</p>
<p>First, in July 2024, while the plaintiff was working at the zoo, the defendant began "yelling and screaming" at the plaintiff that she "should lose [her] job and right to be a veterinarian[,] &hellip; that [she] was abusing [her] power[,] and that [she was] abusing and killing the animals."</p></blockquote>
<p><span id="more-8407759"></span></p>
<blockquote><p>Second, in September 2024, while the plaintiff was working at the zoo, the defendant began "telling other [zoo] visitors falsehoods about the elephants being beaten." The plaintiff told the visitors that the allegations were not true, but the defendant "immediately yelled at [her] over [her] explanation to the visitors and got within inches of [her] face to continue yelling" at her. About forty-five minutes later, the defendant reapproached the plaintiff and got "in [her] face yelling at [her] about how [she was] a bad veterinarian and [her] cruelty towards animals." The plaintiff alleged that she "felt like [the defendant] was trying to intimidate [her] to quit [her] job." The defendant was "in [her] face videotaping" the plaintiff, so the plaintiff called 911. While the plaintiff was on the phone, the defendant "chased after [the plaintiff]."</p>
<p>Third, also in September 2024, the defendant "formally fil[ed] a written complaint to the [veterinary licensing] Board" that "was all lies and falsehoods."</p>
<p>Fourth, in November 2024, a television news crew was at the zoo reporting on the elephants when the defendant disrupted an interview and began to "yell and scream at [the plaintiff] that [she was] not a licensed veterinarian and that she [did] not have a license to practice in [Massachusetts], and that [she was] abusing and murdering elephants." The defendant also "threaten[ed] [the plaintiff's] career."</p>
<p>Of the four incidents alleged, only the second arguably constituted harassing conduct—getting within inches of the plaintiff's face while yelling and chasing after the plaintiff. The remaining alleged conduct constituted protected speech, not rising to the level of fighting words or true threats&hellip;. [T]hreats containing ideas or advocacy causing fear of economic loss or unfavorable publicity are not "true threats" &hellip;. As a result, the judge erred in finding that the incidents described by the plaintiff amounted to three requisite acts of harassment pursuant to G. L. c. 258E&hellip;.</p></blockquote>
<p>The court also concluded the court violated plaintiff's due process rights:</p>
<blockquote><p>[At the motion hearing, t]he plaintiff's attorney recited the procedural background and the judge began to review the plaintiff's affidavit. The plaintiff's lawyer then started to relate that the defendant had been charged with violating the ex parte order, when the defendant stated, "I object to that, Your Honor." The judge admonished the defendant, "No, no. First of all, &hellip; you're going to understand what the rules are; okay? &hellip; The rules are, you're not to interrupt at any time." The judge then explained, "You don't, in a civil case, have the opportunity to say you object&hellip;. It doesn't work that way&hellip;. That's in a criminal case."</p>
<p>The judge then turned to the plaintiff and asked her about the Federal trial in which the plaintiff had testified the previous year. [This appears to me to be <em><a href="https://scholar.google.com/scholar_case?case=2334121611027739261">Rowley v. City of New Bedford</a> </em>(D. Mass. 2024). -EV] The plaintiff explained that the defendant had filed a lawsuit against the city for violation of the Endangered Species Act and that the suit was resolved in favor of the city. The plaintiff's counsel offered to provide the judge with a copy of the decision.</p>
<p>When the judge asked whether the defendant had a copy, the defendant replied, "Yes, ma'am, I do. Yes, Your Honor," and added, "I object to it being relevant." The judge responded, "What did I say about objections?" and "I decide whether something is relevant[,] right?" The defendant then stated that she disagreed that the Federal court decision was relevant to the plaintiff's request for a 258E order. The judge replied, "You can disagree all you want, but—and you can voice that, I don't want you [to] think you can't voice it&hellip;. But you can't say you object."</p>
<p>The judge then said that she had reviewed the defendant's motion to vacate and asked why she should not extend the 258E order. Just as the defendant began to explain that the plaintiff's claims did not meet the legal standard, the judge cut off the defendant and asked a series of questions, pointedly asking why the plaintiff would accuse the defendant if the allegations were not true. When the defendant attempted to explain the context and her theory that it was in retaliation for the Federal lawsuit, the judge again cut off the defendant, telling her to "[s]top talking," and that she (the judge) did not need to know about the elephants at the zoo or the plaintiff's background as a veterinarian.</p>
<p>The judge then invited the plaintiff's counsel to cross-examine the defendant. The cross-examination centered around the Federal lawsuit (concerning the elephants) and the plaintiff's status and licensure as a veterinarian. The plaintiff's counsel then presented the testimony of the plaintiff, who affirmed the truth of her affidavit. The plaintiff expressed how the "entire situation [was] causing [her] immense stress."</p>
<p>At the conclusion of counsel's direct examination, the judge asked the plaintiff, "[Y]ou are concerned for your safety because of the actions of [the defendant] physically, verbally, and on social media; is that right? &hellip; And there have been several instances where she has intimidated you; is that right?" After the plaintiff answered in the affirmative, the judge stated, "I have no doubts that you're a competent veterinarian or [the zoo] wouldn't have hired you," and "don't you for one minute second guess your training. Nobody in this room is a veterinarian and knows anything about what you do, okay? &hellip; You got your degree. You worked hard for it. Move on with that." &hellip;</p>
<p>[T]he judge appeared to shift the burdens by accepting the plaintiff's affidavit and then challenging the defendant to disprove the allegations contained within it. The defendant had no burden to testify or present evidence. Furthermore, due process required that she be heard on her legal argument that the plaintiff's claims did not meet the elements for a 258E order.</p>
<p>Instead, the defendant was repeatedly shut down when attempting to make her valid legal points, incorrectly told that she had no right to make objections, and subjected to questioning pointedly challenging her veracity while assuming the veracity of the plaintiff. Then, the plaintiff's counsel was invited to cross-examine the defendant. The plaintiff, who had the burden, testified <em>after</em> the defendant and was not cross-examined at all. The record reflects that the defendant did not have a meaningful opportunity to be heard. Collectively, these irregularities raise troubling due process concerns&hellip;.</p></blockquote>
<p>For more on such unconstitutional speech-based injunctions in harassment cases, see <a href="http://www.law.ucla.edu/volokh/overinj.pdf">this article</a>.</p>
<p>The post <a href="https://reason.com/volokh/2026/10/26/harassment-restraining-order-based-largely-on-speech-critical-of-zoo-veterinarian/">Harassment Restraining Order Based Largely on Speech Critical of Zoo Veterinarian,</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Court Declines to Dismiss Threat Indictment Based on "I'm Going to Shoot up a Synagogue" Post			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/10/26/court-declines-to-dismiss-threat-indictment-based-on-im-going-to-shoot-up-a-synagogue-post/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8407738</id>
		<updated>2026-10-26T12:01:50Z</updated>
		<published>2026-10-26T12:01:50Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[From Judge Virginia Kendall (N.D. Ill.) in U.S. v. Holmes: After the Government filed a Criminal Complaint against Holmes on&#8230;
The post Court Declines to Dismiss Threat Indictment Based on &#34;I&#039;m Going to Shoot up a Synagogue&#34; Post appeared first on Reason Magazine.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/10/26/court-declines-to-dismiss-threat-indictment-based-on-im-going-to-shoot-up-a-synagogue-post/">
			<![CDATA[<p>From Judge Virginia Kendall (N.D. Ill.) in <a href="https://storage.courtlistener.com/recap/gov.uscourts.ilnd.497023/gov.uscourts.ilnd.497023.50.0.pdf"><em>U.S. v. Holmes</em></a>:</p>
<blockquote><p>After the Government filed a Criminal Complaint against Holmes on March 13, 2026 , a grand jury returned an Indictment charging Holmes with violating 18 U.S.C. § 875(c) on April 7, 2026. The Indictment alleges that Holmes operated the X account "@MapleStCapital" that displayed an American flag emoji with the statement "END The Fed." The Indictment alleges that Holmes posted on that account several statements against the Jewish community and Israel, including: "The jew will be destroyed and discarded," "From the river to the sea every Jew will die," "You inbred people will all die," and "Die Jew."</p>
<p>On or about March 3, the State of Israel posted a video [on the account "@Israel"] that showed a billboard with the face of Ali Khamenei along with the statement: "The world is a better place without Khamenei." In that post, the State of Israel wrote: "It's a first step towards a better world." Holmes responded to this post from the State of Israel with the following message: "I'm going to shoot up a synagogue." It is that statement that the Government alleges violated 18 U.S.C. § 875(c)&hellip;.</p>
<p>The Indictment alleges that:</p>
<blockquote><p>TIMOTHY HOLMES, defendant herein, knowingly transmitted in interstate commerce a communication containing a threat to injure the person of another, namely, a post on X in which he wrote, in response to a post from "@Israel", "I'm going to shoot up a synagogue", and defendant transmitted the communication for the purpose of making a threat, knowing that the communication would be viewed as a threat, and recklessly disregarding a substantial risk that others would regard the communication as a threat&hellip;.</p></blockquote>
<p>Holmes asserts that his statement "I'm going to shoot up a synagogue" is not a true threat because it lacks sufficient specificity. Holmes maintains that his post was but a "generalized, albeit offensive, statement directed at an institution or building" that fails to rise to the level of a true threat because "[i]t does not identify a particular individual or group of individuals" and it also does not "specify a location, a time, or any target beyond the generic category of 'a synagogue.'"</p></blockquote>
<p><span id="more-8407738"></span></p>
<blockquote><p>This position is not "an argument about the validity of the indictment in light of the First Amendment, but is instead a dispute over the meaning and inferences that can be drawn from the facts." This Court has rejected these types of arguments for over a decade because these issues are improper to decide on a motion to dismiss. Because Holmes' arguments go to the substantive merits of the Government's case—and not to whether the Indictment is sufficient—the Court rejects them.</p>
<p>Holmes' contention that his post is protected political hyperbole fails for the same reasons. Invoking <em>Watts v. United States</em> (1969), Holmes claims that his posts "were responsive to foreign policy events and government statements." The Court understands Holmes' position to be that the First Amendment protects his post as political speech, and thus the Court must dismiss the Indictment because the post does not violate 18 U.S.C. § 875(c). For starters, this position, like many others Holmes raises, tangles and conflates multiple procedural and substantive issues into one incomprehensible ball.</p>
<p>To the extent Holmes' position is that, as facially alleged, the Indictment, even if accepted as true, cannot, as a matter of law, satisfy § 875(c), this argument fails. The Court cannot accept such a premise.</p>
<p>This is not a scenario where the Court could comfortably accept the Government's allegations as true and find that it failed to satisfy Rule 7(c)(1). Holmes is not alleged to have posted some mundane political position such as "Taxes are too high!" Nor did he post an offensive, but generally understandably non-threatening statement such as, "Slow drivers should go to hell!"</p>
<p>He posted: "I'm going to shoot up a synagogue" in response to a post from the State of Israel after posting statements such as: "Die Jew," "You inbred people will all die," "The jew will be destroyed and discarded," and "From the river to the sea every Jew will die." Holmes is free to explain to a jury that his post was mere political commentary; but at this stage of the proceedings, the Court finds that the Government has sufficiently alleged that this statement is a "serious expression[ ] conveying that a speaker means to commit an act of unlawful violence." &hellip;</p>
<p>Holmes changes direction by raising three arguments that challenge the Government's position from a statutory standpoint. He first claims that the Indictment must fail because his post "I'm going to shoot up a synagogue" does not satisfy 18 U.S.C. § 875(c) because it "refers to a building or institution, not to 'the person of another,'" "does not identify any individual or individuals," and "does not threaten bodily harm to any specific person." In substance, these arguments challenge whether Holmes' statement is a true threat and are again rejected for the reasons above. Holmes' next position—that the Government failed to allege sufficient <em>mens rea</em>—is duplicative and rejected for the reasons above&hellip;.</p>
<p>In his fourth and final argument, Holmes presents two constitutional challenges. Holmes begins by claiming that the Government's prosecution of him is an impermissible content-based restriction on political speech. The exact direction of Holmes' argument is ill-defined, but the general thrust is that the Government violated 34 U.S.C. § 30506 and the Constitution. To be sure § 30506(4) states that "[n]othing in this division shall be construed to allow prosecution based solely upon an individual's expression of racial, religious, political, or other beliefs[.]" This language, however, must be read with its purpose: to establish interpretive safeguards for the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act and its amendments.</p>
<p>Holmes offers no authority that the Government's prosecution of someone under 18 U.S.C. § 875(c) for threatening to shoot up a synagogue runs afoul of 18 U.S.C. § 249 or 34 U.S.C. § 30506. Indeed, § 30506 expressly confines its applicability to "this division" of the code which referred to Division E of the National Defense Authorization Act for Fiscal Year 2010, which is where the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act of 2009, 18 U.S.C. § 249, was enacted. Simply put, 18 U.S.C. § 875(c) is not part of the equation.</p>
<p>At any rate, the face of the Indictment lends no support for Holmes' position: the Government charged Holmes under § 875(c) for making a threat in interstate commerce; no reasonable inference can be drawn that the Indictment seeks to suppress political speech. Holmes is again free to present his legal theories to the jury, including his position that posts concerning killing jews is protected political speech.</p>
<p>Holmes' final argument is that the Indictment violates the Due Process Clause because "[a]pplying § 875(c) to prosecute the posting of publicly available information and ambiguous statements about travel—where the defendant's actual conduct was entirely lawful and disclosed to law enforcement—creates intolerable ambiguity." This position fundamentally misunderstands the Indictment and again disregards what the grand jury has charged Holmes with. Holmes is not charged with violating § 875(c) for posting things about travel or going to Florida. The grand jury charged him with violating § 875(c) because he replied to a post from the State of Isreal by stating: "I'm going to shoot up a synagogue." The Court already explained that Holmes is free to challenge any evidence concerning traveling to Florida should the Government seek to rely on it.</p></blockquote>
<p>For cases allowing threats prosecutions over similarly general threats to kill Jews, "Zionists," "MAGA," "blacks," and "Christian[s]," see <a href="https://reason.com/volokh/2026/09/19/general-threats-to-kill-jews-and-zionists-can-be-punished/">General Threats to Kill Jews and "Zionists" Can Be Punished</a> and <a href="https://reason.com/volokh/2026/03/09/see-maga-shoot-maga-in-tiktok-video-was-criminally-punishable-threat/">"See MAGA, Shoot MAGA" in TikTok Video Was Criminally Punishable Threat</a>.</p>
<p>Assistant U.S. Attorney Quinn Ford represents the government.</p>
<p>The post <a href="https://reason.com/volokh/2026/10/26/court-declines-to-dismiss-threat-indictment-based-on-im-going-to-shoot-up-a-synagogue-post/">Court Declines to Dismiss Threat Indictment Based on &quot;I&#039;m Going to Shoot up a Synagogue&quot; Post</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>J.D. Tuccille</name>
							<uri>https://reason.com/people/jd-tuccille/</uri>
						<email>jtuccille@gmail.com</email>
					</author>
					<title type="html"><![CDATA[
				Abdul El-Sayed Would Freeze the Bill of Rights in the 18th Century			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/26/abdul-el-sayed-would-freeze-the-bill-of-rights-in-the-18th-century/" />
		<id>https://reason.com/?p=8407756</id>
		<updated>2026-10-26T11:00:51Z</updated>
		<published>2026-10-26T11:00:51Z</published>
			<category scheme="https://reason.com/latest/" term="Campaigns/Elections" /><category scheme="https://reason.com/latest/" term="Gun Rights" /><category scheme="https://reason.com/latest/" term="Guns" /><category scheme="https://reason.com/latest/" term="Midterm" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Bill of Rights" /><category scheme="https://reason.com/latest/" term="Election 2026" /><category scheme="https://reason.com/latest/" term="Gun Owners" /><category scheme="https://reason.com/latest/" term="Michigan" /><category scheme="https://reason.com/latest/" term="Second Amendment" />		<summary type="html"><![CDATA[The Second Amendment is not confined to 1780s technology.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/10/26/abdul-el-sayed-would-freeze-the-bill-of-rights-in-the-18th-century/">
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		<p>Abdul El-Sayed, Michigan's Democratic U.S. Senate candidate, is the latest politician to suggest that the Second Amendment might shield the right to bear arms, but only those that existed at the time that it was adopted: namely, flintlock muskets. It's a not-so-clever way of trimming back the Constitution's protections. The argument's flaws should be clear: the U.S. Supreme Court has already dismissed that line of reasoning, and a world in which the Bill of Rights applies only to 18th century technology would be one where freedom exists only in museum exhibits.</p>

<hr />
<h2>"Everyone Should Have Equal Rights to a Musket"</h2>
<p>"I'm gonna swear an oath to the Constitution. The Constitution has a Second Amendment in it, but the Second Amendment, just so we all are clear, even the most conservative folks, they hew to this idea called originalism, and originalism is the idea that you should interpret the Constitution in the context in which the Constitution was written," El-Sayed <a href="https://x.com/Bobby_LaVallley/status/2112562980386984014">insisted</a> at a campaign rally. "When they promised the right to bear arms, they had muskets. So, yeah, everyone should have equal rights to a musket."</p>
<p>So clever. The Bill of Rights passed in the 1780s, so it must only apply to 1780s things. Except that the courts have thoroughly dismissed that ridiculous line of reasoning.</p>
<p>"Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment," Justice Antonin Scalia wrote for the majority in <a href="https://supreme.justia.com/cases/federal/us/554/570/"><em>District of Columbia v. Heller</em></a> (2008). "We do not interpret constitutional rights that way. Just as the First Amendment protects modern forms of communications&hellip;and the Fourth Amendment applies to modern forms of search&hellip;the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding."</p>
<hr />
<h2>The Founders Lived in a Time of Rapid Innovation</h2>
<p>The reason for this should be obvious. The founders were not unaware of progress. Many of them were scholars and innovators. They were certainly aware of (and enthusiastic about) continuing advancements in technology. During the then-recent revolution, American troops had faced off against a small unit of redcoats armed with <a href="https://allthingsliberty.com/2018/12/patrick-ferguson-and-his-rifle/">Ferguson breech-loading rifles</a>. A decade before the Bill of Rights was adopted, the 22-shot <a href="https://warfarehistorynetwork.com/article/lewis-and-clarks-girandoni-air-rifle/">Girandoni repeating air rifle</a> was introduced, one of which was later sent along on the Lewis and Clark expedition. And <a href="https://www.forgottenweapons.com/kalthoff-30-shot-flintlock-the-first-repeating-firearm-used-in-war-1659/">Kalthoff</a> and <a href="https://www.forgottenweapons.com/lorenzoni/">Lorenzoni</a> repeating flintlock firearms had existed for well over a century.</p>
<p>Not to mention, the founders made extensive use of printing presses to distribute pamphlets and official government documents, including the new Constitution, rather than having them hand-copied as they would have been a few centuries earlier. Technology marches on.</p>
<p>That last point illustrates the foolishness of the only-1780s-tech argument, as Scalia pointed out. What use is a First Amendment that applies only to hand-cranked printing presses and unamplified voices? That would leave the internet, television, radio, telephones, and all post-revolutionary means of communications unprotected from government censorship.</p>
<p>By the same token, a Fourth Amendment stuck in the 18th century might shield us from government agents kicking in the door and rifling through our papers. But it would have nothing to say about wiretaps, computer searches, surveillance cameras, thermal imaging, and the like.</p>
<hr />
<h2>The Founders Sought To Limit Government, Not Create Small Carve-Outs for People</h2>
<p>Founders who were well aware of innovation and often contributed to it themselves (think <a href="https://fi.edu/en/science-and-education/benjamin-franklin/inventions">Benjamin Franklin</a> and <a href="https://www.monticello.org/jefferson-and/science-and-technology">Thomas Jefferson</a>) knew that science and technology constantly advance—because they helped it do exactly that—as would the government's intrusive capabilities. And they believed they were creating protections for broad natural rights against limited government, not small carve-outs from the authority of an all-powerful state.</p>
<p>"Rightful liberty is unobstructed action according to our will, within the limits drawn around us by the equal rights of others," Jefferson <a href="https://founders.archives.gov/documents/Jefferson/03-14-02-0191">wrote</a> in 1819. "I do not add 'within the limits of the law'; because law is often but the tyrant's will, and always so when it violates the right of an individual."</p>
<p>The Bill of Rights isn't an ancient artifact to be applied only to a snapshot of life as it existed around 1789. Its amendments are intended to protect timeless individual rights, however those rights might be expressed in an always-evolving world.</p>
<hr />
<h2>El Sayed: "To Protect People From Government Tyranny"</h2>
<p>El-Sayed went on, in his increasingly incoherent monologue, to acknowledge that the Bill of Rights was intended "to protect people from government tyranny," and "the idea was that you had the right to bear arms against your government should they become tyrannous." He floated the idea, for some reason, that "the Coast Guard, and state militias" are how this idea was implemented. I don't want to delve too deeply into whatever argument is being presented here, because I've sacrificed enough brain cells by listening to him speak.</p>
<p>But kudos to El Sayed for admitting the Bill of Rights is intended to protect us from government. The only way that can possibly work is if, as government's capabilities become increasingly sophisticated, the protections of the Constitution's first 10 amendments extend to safeguarding our rights from ever more advanced potential intrusions.</p>
<p>The Second Amendment and the rest of the Bill of Rights don't preserve a snapshot of life in the 1780s. They were written to protect eternal principles of individual liberty. And they're certainly not limited to muskets.</p>
<p>The post <a href="https://reason.com/2026/10/26/abdul-el-sayed-would-freeze-the-bill-of-rights-in-the-18th-century/">Abdul El-Sayed Would Freeze the Bill of Rights in the 18th Century</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
							<media:credit><![CDATA[Kyle Mazza - CNP/Sipa USA/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[Abdul El Sayed]]></media:description>
		<media:title><![CDATA[abdul-el-sayed]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Today in Supreme Court History: October 26, 1774			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/10/26/today-in-supreme-court-history-october-26-1774-11/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8354733</id>
		<updated>2026-10-26T14:22:10Z</updated>
		<published>2026-10-26T11:00:45Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Today in Supreme Court History" />		<summary type="html"><![CDATA[10/26/1774: First Continental Congress ends its first session in Philadelphia.
The post Today in Supreme Court History: October 26, 1774 appeared first on Reason Magazine.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/10/26/today-in-supreme-court-history-october-26-1774-11/">
			<![CDATA[<p>10/26/1774: First Continental Congress ends its first session in Philadelphia.</p>
<p>The post <a href="https://reason.com/volokh/2026/10/26/today-in-supreme-court-history-october-26-1774-11/">Today in Supreme Court History: October 26, 1774</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Matthew Petti</name>
							<uri>https://reason.com/people/matthew-petti/</uri>
					</author>
					<title type="html"><![CDATA[
				America Is Spending Billions To Fight the War on Terror in Africa. The Terrorists Are Winning.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/26/terrorists-are-winning-the-african-war-on-terror/" />
		<id>https://reason.com/?p=8401610</id>
		<updated>2026-10-26T10:00:25Z</updated>
		<published>2026-10-26T10:00:25Z</published>
			<category scheme="https://reason.com/latest/" term="Defense Spending" /><category scheme="https://reason.com/latest/" term="Foreign Policy" /><category scheme="https://reason.com/latest/" term="Islam" /><category scheme="https://reason.com/latest/" term="War" /><category scheme="https://reason.com/latest/" term="Afghanistan" /><category scheme="https://reason.com/latest/" term="Africa" /><category scheme="https://reason.com/latest/" term="Al Qaeda" /><category scheme="https://reason.com/latest/" term="Iraq War" /><category scheme="https://reason.com/latest/" term="Mali" /><category scheme="https://reason.com/latest/" term="Somalia" /><category scheme="https://reason.com/latest/" term="Terrorism" /><category scheme="https://reason.com/latest/" term="Trump Administration" /><category scheme="https://reason.com/latest/" term="War on Terror" />		<summary type="html"><![CDATA[Terrorism fatalities in Africa rose more than 100,000 percent between 2002 and 2022, according to the federal government.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/10/26/terrorists-are-winning-the-african-war-on-terror/">
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		<p>The first state to be ruled by Al Qaeda might not be in Afghanistan or the Arab world—and its ruler might be a former whiskey-drinking rock star. In April, the Group for the Support of Islam and Muslims ("JNIM" in Arabic) led an uprising in the African nation of Mali, <a href="https://www.nytimes.com/2026/04/27/world/africa/mali-defense-minster-killed.html">killing</a> Defense Minister Sadio Camara, <a href="https://www.aljazeera.com/news/2026/5/6/al-qaeda-linked-fighters-storm-mali-prison-block-food-supplies-to-bamako">breaking open</a> a prison holding thousands of inmates, and <a href="https://www.lemonde.fr/en/le-monde-africa/article/2026/05/13/mali-s-junta-effectively-under-siege-since-bamako-attack_6753417_124.html?srsltid=AfmBOordIaInSk5jbQ5Ozp4fCqYybA29pYNsbWOAaEdok295LaJHoEDe">besieging</a> Bamako, the capital. The fighting was still underway as of August.</p>
<p>Mali is not the only place threatened by a JNIM takeover. The West African branch of Al Qaeda is active in a belt of countries known as the Sahel. Its leader, Iyad Ag Ghali, was the <a href="https://www.wsj.com/world/africa/iyad-ag-ghali-al-qaeda-leader-west-africa-85afbca0">former percussionist</a> for the rock band <a href="https://open.spotify.com/artist/2sf2owtFSCvz2MLfxmNdkb">Tinariwen</a>. He now leads a campaign to stamp out the "<a href="https://www.theguardian.com/world/2012/oct/23/mali-militants-declare-war-music">music of Satan</a>." Perhaps the one saving grace for Sahelian metalheads is that puritans can't get along with each other: The JNIM is locked in a <a href="https://www.reuters.com/world/africa/fighting-between-sahel-based-jihadist-rivals-spills-into-niger-2026-04-09/">war</a> with the rival Islamic State Sahel Province.</p>
<p>The Sahelian civil wars are a testament to the failure of the global war on terror. Despite <a href="https://costsofwar.watson.brown.edu/sites/default/files/papers/Costs-of-War_US-Budgetary-Costs-of-Post-9-11-Wars.pdf">spending $355 billion</a> on African counterterrorism from 2001 to 2021, the U.S. government has been unable to stop Al Qaeda or related Islamist groups from taking root across the continent. A study by the Pentagon's Africa Center for Strategic Studies found a <a href="https://responsiblestatecraft.org/africa-terrorism/">101,300 percent increase</a> in terrorism fatalities from 2002 to 2022, mostly concentrated in the Sahel and Somalia.</p>
<p>These wars demonstrate that the solution to terrorism isn't maximum violence. President Donald Trump launched <a href="https://www.defensepriorities.org/explainers/exiting-somalias-war-end-us-military-operations/">four times as many</a> airstrikes against Somalia in his first 18 months of his second term as the U.S. did over the past four years combined. U.S. military aid has flowed to <a href="https://theintercept.com/2023/04/02/us-military-counterterrorism-niger/">repressive governments</a> across Africa with little respect for their citizens' rights. Since 2020, there have been <a href="https://online.ucpress.edu/currenthistory/article-abstract/125/871/193/217945/The-Expanding-Sahel-Coup-Belt?redirectedFrom=fulltext">coups d'etat</a> across the Sahel by military men promising that they can do the dirty work that civilian leaders are afraid of. Many of them were <a href="https://theintercept.com/2024/06/06/africa-coups-pentagon-blames-russia/">trained</a> by the U.S. government. The new regimes have <a href="https://www.congress.gov/crs-product/IF12389">imported Russian mercenaries</a> with a reputation for brutality and no real restraints on their activities.</p>
<p>"People need to forget about the question of democracy," Ibrahim Traoré, leader of Burkina Faso, <a href="https://www.theguardian.com/world/2026/apr/03/people-burkina-faso-should-forget-about-democracy-military-ruler-ibrahim-traore">declared</a> in April.</p>
<p>Instead of restoring order, these heavy-handed tactics have caused more chaos. The military juntas in the Sahel are <a href="https://acleddata.com/report/new-frontlines-jihadist-expansion-reshaping-benin-niger-and-nigeria-borderlands">plainly losing</a> to the JNIM. While the Russian fighters have no difficulties <a href="https://www.csis.org/analysis/massacres-executions-and-falsified-graves-wagner-groups-mounting-humanitarian-cost-mali">massacring civilians</a> or <a href="https://mezha.net/eng/bukvy/542391a2_rights_group_accuses/">mutilating prisoners</a>, they have found it much harder to face people who can actually shoot back, <a href="https://www.nytimes.com/2026/04/27/world/africa/mali-jnim-violence-russia.html">facing</a> repeated <a href="https://www.bbc.com/news/articles/cq5xvl1111yo">battlefield humiliations</a>. Meanwhile, the U.S.-led campaign against al-Shabab, the Somali branch of Al Qaeda, has <a href="https://www.crisisgroup.org/brf/africa/somalia/b212-new-chapter-same-stalemate-somalias-war-al-shabaab">stalled out</a> despite the heavier use of airpower.</p>
<p>The African war on terror began shortly after the U.S. campaigns in Afghanistan and Iraq. To some extent, the U.S. created the very threats that it is trying to fight in Africa. Somalia had been at civil war since the fall of socialism, and in the early 2000s, the CIA began <a href="https://www.nytimes.com/2006/06/08/world/africa/08iht-somalia.1919552.html?smid=nytcore-ios-share">funding</a> Somali warlords to stop the rise of Islamist revolutionaries. The (relatively moderate) Islamic Courts Union took over anyway in 2006—uniting Somalia for the first time in more than a decade—and the U.S. <a href="https://www.theguardian.com/world/2007/jan/13/alqaida.usa">encouraged</a> neighboring Ethiopia to invade. When al-Shabab emerged to fight the Ethiopian invaders, the U.S. <a href="http://news.bbc.co.uk/2/hi/africa/5072268.stm">tapped</a> a former leader of the Islamic Courts Union to lead a new Somali government.</p>
<p>Soon after the Ethiopian-Somali war, President George W. Bush created the Pentagon's Africa Command, and Congress <a href="https://www.washingtoninstitute.org/policy-analysis/africom-new-american-military-command">budgeted</a> $500 million in aid to militaries in the Sahara Desert and the Sahel. At the time, the main Islamist threat to that region was a <a href="https://www.merip.org/2007/12/after-the-war/">mostly defeated insurgency</a> in Algeria.</p>
<p>But the Libyan civil war in 2011 created terrible new monsters. Soon after President Barack Obama intervened in support of the Libyan revolution, weapons and hardened fighters from Libya <a href="https://www.cfr.org/articles/collateral-damage-how-libyan-weapons-fueled-malis-violence">flooded</a> the ethnic Tuareg region of Mali, which declared independence a few months later. Soon after, Al Qaeda and its affiliates <a href="https://journals.sagepub.com/doi/10.1177/21582440241257615?__cf_chl_tk=KxcpufkkSqw5LJcRXIYUFieNctxRC3hzaEEok0qX5GE-1787336613-1.0.1.1-z4zohodZQg4cvVqFofmgO6dP9GNEskF.mejiab9nwpg">took over</a> the Tuareg rebellion. With the Malian government coming close to collapse, France intervened in January 2013 and made many of the <a href="https://warontherocks.com/why-france-failed-in-mali/">same mistakes</a> that the U.S. did in its own war on terror.</p>
<p>Ag Ghali, the current leader of the JNIM, got his start as a Tuareg nationalist. A leaked <a href="https://wikileaks.org/plusd/cables/08BAMAKO824_a.html">U.S. embassy cable</a> from 2008 called him a "proverbial bad penny" who enjoyed "playing both sides" and had ties to Islamist and secular nationalist rebels. By the time of the French intervention, he was <a href="https://www.bbc.com/news/world-africa-18814291">fully committed</a> to Islamic theocracy. In 2017, he <a href="https://www.longwarjournal.org/archives/2017/03/analysis-al-qaeda-groups-reorganize-in-west-africa.php">united</a> Islamist rebels across the Sahel under the banner of Al Qaeda. That same year, four U.S. Special Forces troops were <a href="http://www.cnn.com/2017/10/18/politics/us-niger-investigation-what-we-know/index.html">killed</a> in Niger by the Islamic State group, which was busy uniting Ag Ghali's rivals.</p>
<p>Despite the failures of the Sahelian governments to stop Ag Ghali—and their willingness to ally with Russia—the Trump administration is eager to double down on supporting them. The U.S. government <a href="https://www.washingtonpost.com/world/2025/09/14/mali-trump-islamists-jnim-extremists/">increased</a> intelligence sharing with Mali in 2025, and as of July it was considering a <a href="https://www.washingtonpost.com/national-security/2026/07/22/trump-administration-weighs-military-options-mali-officials-say/">direct military intervention</a> against the JNIM, according to <em>The Washington Post</em>. But every American escalation on the continent has produced the enemy that the next one had to fight.</p>
<p>The post <a href="https://reason.com/2026/10/26/terrorists-are-winning-the-african-war-on-terror/">America Is Spending Billions To Fight the War on Terror in Africa. The Terrorists Are Winning.</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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							<media:credit><![CDATA[Photo: Iyad Ag Ghali; Patrick Robert/Corbis/Getty]]></media:credit>
		<media:description type="html"><![CDATA[A group of men with head coverings and weapons sit on a run]]></media:description>
		<media:title><![CDATA[topicsforeignpolicy]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Charles Oliver</name>
							<uri>https://reason.com/people/charles-oliver/</uri>
					</author>
					<title type="html"><![CDATA[
				Brickbat: Ghost in the Machine			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/26/brickbat-ghost-in-the-machine/" />
		<id>https://reason.com/?p=8407221</id>
		<updated>2026-10-26T08:00:44Z</updated>
		<published>2026-10-26T08:00:44Z</published>
			<category scheme="https://reason.com/latest/" term="Guns" /><category scheme="https://reason.com/latest/" term="3D Printing" /><category scheme="https://reason.com/latest/" term="Brickbats" /><category scheme="https://reason.com/latest/" term="California" />		<summary type="html"><![CDATA[San Diego County, California, has sued Polymaker, a company that manufactures filament for 3D printers. The lawsuit accuses the company&#8230;
The post Brickbat: Ghost in the Machine appeared first on Reason Magazine.
]]></summary>
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					width="1200"
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										alt="Spools of Polymaker filament | Polymaker/Facebook"
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		<p>San Diego County, California, has <a href="https://www.3dprintingjournal.com/p/san-diego-county-sues-polymaker-over">sued</a> Polymaker, a company that manufactures filament for 3D printers. The lawsuit accuses the company of illegally marketing its products to people who make unregistered firearms, often called "ghost guns." The county admits that the filament itself is legal but objects to how the company markets it. The lawsuit alleges that Polymaker worked with a firearm-printing influencer, promoted products for making guns, and provided technical advice to online communities interested in 3D-printed firearms. The county argues that this marketing violates California consumer protection laws. It is seeking the return of revenue linked to the allegedly illegal marketing, a court order stopping the company from continuing the challenged practices, and civil penalties of up to $2,500 per violation—with each day counting as a separate violation.</p>
<p>The post <a href="https://reason.com/2026/10/26/brickbat-ghost-in-the-machine/">Brickbat: Ghost in the Machine</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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							<media:credit><![CDATA[Polymaker/Facebook]]></media:credit>
		<media:description type="html"><![CDATA[Spools of Polymaker filament]]></media:description>
		<media:title><![CDATA[polymaker-filament]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Open Thread			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/10/26/open-thread-369/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8407742</id>
		<updated>2026-10-26T07:00:00Z</updated>
		<published>2026-10-26T07:00:00Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[What’s on your mind?]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/10/26/open-thread-369/">
			<![CDATA[<p>The post <a href="https://reason.com/volokh/2026/10/26/open-thread-369/">Open Thread</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Ilya Somin</name>
							<uri>https://reason.com/people/ilya-somin/</uri>
						<email>isomin@gmu.edu</email>
					</author>
					<title type="html"><![CDATA[
				Trump Exempts Some Canadian Products From Section 338 Tariffs—But His Illegal Trade War Continues			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/10/25/trump-exempts-some-canadian-products-from-section-338-tariffs-but-his-illegal-trade-war-continues/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8407748</id>
		<updated>2026-10-26T14:40:09Z</updated>
		<published>2026-10-25T18:47:22Z</published>
			<category scheme="https://reason.com/latest/" term="Executive Power" /><category scheme="https://reason.com/latest/" term="Tariffs" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Free Trade" /><category scheme="https://reason.com/latest/" term="Major Questions Doctrine" /><category scheme="https://reason.com/latest/" term="Nondelegation" />		<summary type="html"><![CDATA[Courts should still strike down the Section 338 tariffs and import bans that remain in place.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/10/25/trump-exempts-some-canadian-products-from-section-338-tariffs-but-his-illegal-trade-war-continues/">
			<![CDATA[<figure class="alignnone size-medium wp-image-8400262"><img decoding="async" class="alignnone size-medium wp-image-8400262" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/09/trump-canada-trade-war-300x169.jpg" alt="An American flag breaks with a Canadian flag" width="300" height="169" data-credit="Illustration: Midjourney" srcset="https://reason.com/wp-content/uploads/2026/09/trump-canada-trade-war-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/09/trump-canada-trade-war-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/09/trump-canada-trade-war-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/09/trump-canada-trade-war-1536x864.jpg 1536w, https://reason.com/wp-content/uploads/2026/09/trump-canada-trade-war-1200x675.jpg 1200w, https://reason.com/wp-content/uploads/2026/09/trump-canada-trade-war-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/09/trump-canada-trade-war-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/09/trump-canada-trade-war-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/09/trump-canada-trade-war.jpg 1920w" sizes="(max-width: 300px) 100vw, 300px" /><figcaption>Illustration: Midjourney</figcaption></figure> <p>Last week, the Liberty Justice Center (the public interest group I worked with on the case challenging Trump's earlier IEEPA tariffs, which led <a href="https://www.cato.org/commentary/how-supreme-court-spared-america">their invalidation by the Supreme Court)</a>  <a href="https://reason.com/volokh/2026/10/20/liberty-justice-center-files-first-lawsuit-challenging-trumps-section-338-tariffs-against-canadian-imports/">filed the first lawsuit</a> challenging President Donald Trump's massive Section 338 tariffs against a variety of Canadian imports. Three days later, Trump <a href="https://qz.com/trump-canadian-tariffs-exemptions-section-338-collins-102326">exempted some previously covered Canadian products from the tariffs</a>, probably <a href="https://qz.com/trump-canadian-tariffs-exemptions-section-338-collins-102326">to help Maine Sen. Susan Collins and other congressional Republicans</a> fearful of voter backlash in the upcoming midterm election:</p> <blockquote><p>President Donald Trump <a href="https://www.whitehouse.gov/fact-sheets/2026/10/fact-sheet-president-donald-j-trump-further-modifies-canadian-products-subject-to-tariffs-under-section-338/">signed a proclamation</a> on Friday that removes some Canadian products from tariffs imposed under Section 338 of the Tariff Act of 1930 and adds others, the White House said. The changes take effect Oct. 30.</p> <div class="payload-richtext mx-auto prose md:prose-md dark:prose-invert underline-offset-2 prose-a:font-normal prose-a:hover:text-accent prose-a:transition-colors prose-a:duration-100 prose-a:ease-out prose-a:decoration-accent prose-a:**:decoration-accent! max-w-none [&amp;_p]:font-[family-name:var(--font-secondary)] [&amp;_p]:text-base [&amp;_p]:leading-normal [&amp;_p]:text-foreground [&amp;_p]:mb-6 [&amp;_p]:mt-0 [&amp;_:not(p)+p]:mt-6 [&amp;_h2]:font-[family-name:var(--font-primary)] [&amp;_h2]:text-xl min-[769px]:[&amp;_h2]:text-2xl min-[1025px]:[&amp;_h2]:text-[30px] [&amp;_h2]:font-semibold [&amp;_h2]:leading-[1.267] [&amp;_h2]:text-foreground [&amp;_h2]:mb-6 [&amp;_h2]:mt-6 [&amp;_img]:rounded-xl [&amp;_blockquote]:not-italic [&amp;_blockquote_p]:before:content-none [&amp;_blockquote_p]:after:content-none [&amp;_a]:decoration-foreground! [&amp;_a]:**:decoration-foreground!"> <p>Plywood sheets, some paper products, certain machinery and refrigeration equipment, and certain packing crates and boxes come off the list. Some valves, along with carpets, waste products and other goods, take their place.</p> </div> </blockquote> <div class="payload-richtext mx-auto prose md:prose-md dark:prose-invert underline-offset-2 prose-a:font-normal prose-a:hover:text-accent prose-a:transition-colors prose-a:duration-100 prose-a:ease-out prose-a:decoration-accent prose-a:**:decoration-accent! max-w-none [&amp;_p]:font-[family-name:var(--font-secondary)] [&amp;_p]:text-base [&amp;_p]:leading-normal [&amp;_p]:text-foreground [&amp;_p]:mb-6 [&amp;_p]:mt-0 [&amp;_:not(p)+p]:mt-6 [&amp;_h2]:font-[family-name:var(--font-primary)] [&amp;_h2]:text-xl min-[769px]:[&amp;_h2]:text-2xl min-[1025px]:[&amp;_h2]:text-[30px] [&amp;_h2]:font-semibold [&amp;_h2]:leading-[1.267] [&amp;_h2]:text-foreground [&amp;_h2]:mb-6 [&amp;_h2]:mt-6 [&amp;_img]:rounded-xl [&amp;_blockquote]:not-italic [&amp;_blockquote_p]:before:content-none [&amp;_blockquote_p]:after:content-none [&amp;_a]:decoration-foreground! [&amp;_a]:**:decoration-foreground!"> <blockquote><p>The tariffs, set at 50% according to <a href="https://www.cnbc.com/2026/10/23/trump-tariffs-canada-susan-collins.html">CNBC</a>, apply whether or not a good originates under the U.S.-Mexico-Canada Agreement&hellip;.</p></blockquote> <p>The fact that American businesses and consumers in states like Maine are suffering from the tariffs gives the lie to the notion that only foreigners are burdened by them. Trump's action here also underscores how the tariffs <a href="https://www.cato.org/commentary/what-new-survey-shows-about-trumps-tariffs">have become highly unpopular</a>, and a drag on GOP prospects in the upcoming election.</p> <p>While Trump may have (perhaps only temporarily) lifted some of the Section 338 tariffs, most remain in place. As noted above, he  imposed additional tariffs on some goods, even as he lifted them on others. And the Section 338 tariffs are still still illegal for a variety of reasons I summarized in<a href="https://reason.com/volokh/2026/10/20/liberty-justice-center-files-first-lawsuit-challenging-trumps-section-338-tariffs-against-canadian-imports/"> my previous post</a> on the LJC lawsuit against them, as well as earlier writings:</p> <blockquote><p>I have previously written about why Trump's Section 338 tariffs are harmful and illegal. See my recent<a href="https://www.iedm.org/the-legal-battle-over-trumps-tariffs-implications-for-canada/"> Montreal Economic Institute paper</a> on this topic, and earlier pieces <a href="https://reason.com/volokh/2026/09/13/major-questions-nondelegation-and-the-section-338-tariffs-against-canada/">here</a>, <a href="https://reason.com/volokh/2026/09/09/trump-expands-illegal-section-338-tariffs-against-canadian-imports-and-bans-some-entirely/">here</a>, and <a href="https://reason.com/volokh/2026/08/23/trump-imposes-harmful-and-illegal-section-338-tariffs-against-many-canadian-imports/">here</a>. To briefly summarize, the tariffs on Canada are illegal because 1) Section 338 has been superseded by later legislation, 2) even if Section 338 is still operative, Trump's tariffs do not meet its requirements because the Canadian actions they supposedly respond to do not "discriminate" against US goods, as the law requires, 3) Trump's tariffs do not "offset" the Canadian actions (as Section 338 also requires), but go far beyond that, 4) the administration's interpretation of Section 338 runs afoul of the "major questions" doctrine, and 5) if Section 338 is operative and does authorize the Trump actions, it would violate the constitutional nondelegation doctrine (which restricts delegation of legislative power to the executive).</p> <p>The <a href="https://libertyjusticecenter.org/wp-content/uploads/Gellert-v.-Trump-Compl.-2026.10.20.pdf">LJC complaint</a> advances all five of these arguments. To prevail, they need win on only one.</p></blockquote> <p>Trump has also used Section 338 to <a href="https://reason.com/volokh/2026/09/09/trump-expands-illegal-section-338-tariffs-against-canadian-imports-and-bans-some-entirely/">ban some Canadian imports entirely</a>. That too <a href="https://www.lawfaremedia.org/article/the-president-doesn-t-have-unlimited-power-to-impose-import-bans">is illegal</a>, though the bans (unlike the tariffs) are <a href="https://reason.com/volokh/2026/10/20/liberty-justice-center-files-first-lawsuit-challenging-trumps-section-338-tariffs-against-canadian-imports/">not directly at issue</a> in the LJC case. They may well be challenged in future litigation, however.</p> <p>In addition to illegally usurping congressional power over taxation, the Trump trade war against Canada damages our economy and poisons relations with a key ally. Courts should strike it down, just as they did with the IEEPA tariffs and the more recent <a href="https://reason.com/volokh/2026/05/07/us-court-of-international-trade-rules-against-trumps-section-122-tariffs/">Section 122 tariffs</a>. They should also invalidated<a href="https://thedispatch.com/article/trump-tariffs-section-301-forced-labor/"> the massive Section 301 "forced labor" tariffs</a>, which have been challenged in three cases currently before the US Court of International Trade.</p> <p>UPDATE: It's worth reiterating that giving one person the power to impose and lift tariffs whenever he feels like it <a href="https://reason.com/volokh/2025/05/02/how-trumps-tariffs-threaten-the-rule-of-law/">is an affront to the rule of law</a>.</p> </div><p>The post <a href="https://reason.com/volokh/2026/10/25/trump-exempts-some-canadian-products-from-section-338-tariffs-but-his-illegal-trade-war-continues/">Trump Exempts Some Canadian Products From Section 338 Tariffs—But His Illegal Trade War Continues</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Midjourney]]></media:credit>
		<media:description type="html"><![CDATA[An American flag breaks with a Canadian flag]]></media:description>
		<media:title><![CDATA[trump-canada-trade-war]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Andrew Heaton</name>
							<uri>https://reason.com/people/andrew-heaton/</uri>
					</author>
					<title type="html"><![CDATA[
				Evil Heaton 'Fixes' Gerrymandering			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/video/2026/10/25/evil-heaton-fixes-gerrymandering/" />
		<id>https://reason.com/?post_type=video&#038;p=8407395</id>
		<updated>2026-10-25T16:05:49Z</updated>
		<published>2026-10-25T16:05:49Z</published>
			<category scheme="https://reason.com/latest/" term="Campaigns/Elections" /><category scheme="https://reason.com/latest/" term="Comedy" /><category scheme="https://reason.com/latest/" term="Democratic Party" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Gerrymandering" /><category scheme="https://reason.com/latest/" term="Partisanship" /><category scheme="https://reason.com/latest/" term="Republican Party" />		<summary type="html"><![CDATA[A congressional guide to staying in power.]]></summary>
					<content type="html" xml:base="https://reason.com/video/2026/10/25/evil-heaton-fixes-gerrymandering/">
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										alt="Andrew Heaton in a white suit and eye patch. Next to him are a GOP elephant and Democrat donkey made from gerrymandered districts. | Adani Samat"
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		<p>Evil Andrew Heaton has a modest proposal for his partisan peers.</p>
<p>&nbsp;</p>
<p>The post <a href="https://reason.com/video/2026/10/25/evil-heaton-fixes-gerrymandering/">Evil Heaton &#039;Fixes&#039; Gerrymandering</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
							<media:credit><![CDATA[Adani Samat]]></media:credit>
		<media:description type="html"><![CDATA[Andrew Heaton in a white suit and eye patch. Next to him are a GOP elephant and Democrat donkey made from gerrymandered districts.]]></media:description>
		<media:title><![CDATA[RSN-Comedy-Gerry2]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/10/RSN-Comedy-Gerry2-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				"AI Deepfakes in Court"			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/10/25/ai-deepfakes-in-court/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8407740</id>
		<updated>2026-10-25T12:01:07Z</updated>
		<published>2026-10-25T12:01:07Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[Damien Charlotin, who runs the invaluable AI Hallucination Cases site (2200+ cases worldwide and counting) has a new one, AI&#8230;
The post &#34;AI Deepfakes in Court&#34; appeared first on Reason Magazine.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/10/25/ai-deepfakes-in-court/">
			<![CDATA[<p>Damien Charlotin, who runs the invaluable <a href="https://www.damiencharlotin.com/hallucinations/">AI Hallucination Cases site</a> (2200+ cases worldwide and counting) has a new one, <a href="https://www.damiencharlotin.com/deepfakes/">AI Deepfakes in Court</a>, listing 26 cases worldwide so far. His summary:</p>
<blockquote><p>This database tracks decisions dealing with deepfakes submitted as evidence, averred or alleged, including texts and documents such as forms, records and correspondence. A failure to authenticate an exhibit is recorded separately from any finding that it was AI-generated.</p>
<p>It does not track cases <em>about</em> deepfakes as a subject: the focus is on cases started on any ground, where parties (allegedly or verily) submitted deepfakes as evidence to bolster their claims. This is distinct from using AI to fabricate citations, which is covered by the <a class="link" href="https://www.damiencharlotin.com/hallucinations/">AI Hallucination Cases</a> database, or using AI as evidence (e.g., to offer a translation or a common sense opinion), which is covered by the <a class="link" href="https://www.damiencharlotin.com/ai-evidence/">AI Evidence Cases</a> database.</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/10/25/ai-deepfakes-in-court/">&quot;AI Deepfakes in Court&quot;</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Billy Binion</name>
							<uri>https://reason.com/people/billy-binion/</uri>
						<email>billy.binion@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Pamela Colloff on America's Biggest Jailhouse Snitch, Wrongful Convictions, and Criminal Justice			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/25/qa-pamela-colloff-on-a-jailhouse-snitch/" />
		<id>https://reason.com/?p=8401607</id>
		<updated>2026-10-25T11:30:57Z</updated>
		<published>2026-10-25T11:30:57Z</published>
			<category scheme="https://reason.com/latest/" term="Criminal Justice" /><category scheme="https://reason.com/latest/" term="Jail" /><category scheme="https://reason.com/latest/" term="Prosecutors" /><category scheme="https://reason.com/latest/" term="Reason Interviews" />		<summary type="html"><![CDATA["I am obsessed with this idea that the system is built to compound its own errors," the author of the best-selling book Catch the Devil tells Reason's Billy Binion.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/10/25/qa-pamela-colloff-on-a-jailhouse-snitch/">
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										alt="Pamela Colloff | Photo: Pamela Colloff; Peter Yang"
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		<p><span data-sheets-root="1"><div class="rcom-podcast-episode"><div class="podcast-player--player"><a class="podcast-player--popout-link" href="https://reason.com/podcast/2026/07/29/how-jailhouse-snitches-send-innocent-people-to-death-row/"><i class="fas fa-external-link-alt"></i></a><div class="powerpress_player" id="powerpress_player_7979"><div class="reason-audio-container"><audio class="wp-audio-shortcode" id="audio-8393919-1" preload="none" style="width: 100%;" controls="controls"><source type="audio/mpeg" src="https://dts.podtrac.com/redirect.mp3/d2h6a3ly6ooodw.cloudfront.net/reaontv_audio_8393919.mp3?_=1" /><a href="https://dts.podtrac.com/redirect.mp3/d2h6a3ly6ooodw.cloudfront.net/reaontv_audio_8393919.mp3">https://dts.podtrac.com/redirect.mp3/d2h6a3ly6ooodw.cloudfront.net/reaontv_audio_8393919.mp3</a></audio><div class="audio-speed-controls">
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    </div><a href="https://dts.podtrac.com/redirect.mp3/d2h6a3ly6ooodw.cloudfront.net/reaontv_audio_8393919.mp3" class="download-button" download>Download  <i class="fa-solid fa-arrow-down-to-line"></i></a></div></div><h4><a href="https://reason.com/podcast/2026/07/29/how-jailhouse-snitches-send-innocent-people-to-death-row/">How Jailhouse Snitches Send Innocent People to Death Row</a></h4></div></div></span></p>
<p>Paul Skalnik was one of the most prolific jailhouse snitches in American history. A new best-selling book, <em>Catch the Devil</em>, chronicles Skalnik's career helping prosecutors secure dozens of convictions—despite being a serial liar and criminal. His cartoonishly long rap sheet included elaborate frauds, multiple grand thefts, and sexual assault of a child; at various times, he passed himself off as a Southwest Airlines executive, a high-powered attorney, and a Vietnam War hero. In July, <em>Reason</em>'s Billy Binion interviewed author Pamela Colloff, a staff writer at <em>The New York Times Magazine</em> and reporter at <em>ProPublica</em>.</p>
<p><strong>Q: How is it possible for someone with such an intense history of dishonesty to still earn the state's trust for decades?</strong></p>
<p>A: I think you hit upon the big question of the book, right? Skalnik was a former police officer himself, so he sort of knew how the game worked. When he got to whatever county jail he ended up in, he could size up whoever it was that prosecutors most wanted a conviction against. And he would produce these incredible quote-unquote "confessions." And in return for his testimony about those confessions, he would usually be let free.</p>
<p>You can imagine how there were police and prosecutors who bought this. I think what becomes more difficult as he's used more widely in [Pinellas County,] Florida—where he helped send upward of 40 men to prison—at what point does someone say, "What are the odds that this guy in the jail has a better batting record than our best detectives?" No one ever says that.</p>
<p><strong>Q: The book covers a lot of disturbing cases, but the one central to it is a murder case in Florida. Can you set the scene?</strong></p>
<p>A: There was a 14-year-old girl named Shelly Boggio who was found in a body of water. She'd been stabbed over 30 times, and the assumption was that she'd been sexually assaulted.</p>
<p>The investigation quickly narrows down to a man named Jack Pearcy, who had a long history of violence against women. He was the last person seen with Boggio. When he's interviewed by investigators, he realizes they know too much. So he pivots to saying that he had his housemate—Jim Dailey—with him that night, and that it was Jim who committed this crime. Jim did not have that kind of record, and there's no physical or forensic evidence tying him to the crime, or any motive whatsoever.</p>
<p><iframe title="How Jailhouse Snitches Send Innocent People to Death Row" width="500" height="281" src="https://www.youtube.com/embed/9WOeC-H5WTk?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<p>Skalnik is brought in very shortly before the trial starts. He is moved in the jail to be close to where Jim Dailey was. Within 24 hours, he says he has procured Dailey's confession—a total stranger who's awaiting trial. It was a story that really played upon jurors' sympathies. He talked about how Jim Dailey had supposedly told him about stabbing Shelly Boggio to death and how she'd been staring at him in this pleading way, but she wouldn't die. It's this horrific image, and he is sentenced to death.</p>
<p><strong>Q: What makes you think Dailey is actually innocent?</strong></p>
<p>A: There have been over 200 people in the U.S. who were sentenced to death who have since been exonerated. We know that jailhouse informants—who are notoriously unreliable—are a factor in 25 percent of those wrongful convictions.</p>
<p>As far as Jim's case, there's no <em>there</em> there. When you see a case with three jailhouse informants, no physical evidence, no motive, and your quote-unquote "eyewitness" is the main suspect in the case? There are a lot of questions.</p>
<p><strong>Q: To me, the secondary theme was that when credible evidence may exonerate someone after a jury has rendered a verdict, it is depressingly difficult to get another chance.</strong></p>
<p>A: I am obsessed with this idea that the system is built to compound its own errors. When new evidence comes out—and there's a lot of new evidence that comes out over the years that really points toward his innocence—you would think that would be enough. For some very good reasons, a jury verdict is sacrosanct. But what you see is that courts really look backward at precedent and jury verdicts rather than forward at new evidence.</p>
<p>Jim gets terrific attorneys in this case—too late. They do incredible work, and it doesn't matter. Too many judges have rubber-stamped this testimony by Paul Skalnik. There's no way for the courts to essentially say, "Hey, let's go back and look at this holistically and see if any of this makes sense." It was shocking to me to see that.</p>
<p><em>This interview has been condensed and edited for style and clarity.</em></p>
<p>The post <a href="https://reason.com/2026/10/25/qa-pamela-colloff-on-a-jailhouse-snitch/">Pamela Colloff on America&#039;s Biggest Jailhouse Snitch, Wrongful Convictions, and Criminal Justice</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
							<media:credit><![CDATA[Photo: Pamela Colloff; Peter Yang]]></media:credit>
		<media:description type="html"><![CDATA[Pamela Colloff]]></media:description>
		<media:title><![CDATA[topicsqa]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Today in Supreme Court History: October 25, 1795			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/10/25/today-in-supreme-court-history-october-25-1795-8/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8354745</id>
		<updated>2026-10-25T11:00:55Z</updated>
		<published>2026-10-25T11:00:55Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Today in Supreme Court History" />		<summary type="html"><![CDATA[10/25/1795: Justice John Blair resigns from the Supreme Court.
The post Today in Supreme Court History: October 25, 1795 appeared first on Reason Magazine.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/10/25/today-in-supreme-court-history-october-25-1795-8/">
			<![CDATA[<p>10/25/1795: <a href="https://conlaw.us/justices/john-blair/">Justice John Blair</a> resigns from the Supreme Court.</p> <figure id="attachment_8026347" aria-describedby="caption-attachment-8026347" style="width: 248px" class="wp-caption aligncenter"><img decoding="async" class="size-medium wp-image-8026347" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2019/10/1790-Blair-248x300.jpg" alt="" width="248" height="300" srcset="https://reason.com/wp-content/uploads/2019/10/1790-Blair-248x300.jpg 248w, https://reason.com/wp-content/uploads/2019/10/1790-Blair.jpg 330w" sizes="(max-width: 248px) 100vw, 248px" /><figcaption id="caption-attachment-8026347" class="wp-caption-text">Justice John Blair</figcaption></figure><p>The post <a href="https://reason.com/volokh/2026/10/25/today-in-supreme-court-history-october-25-1795-8/">Today in Supreme Court History: October 25, 1795</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Billy Binion</name>
							<uri>https://reason.com/people/billy-binion/</uri>
						<email>billy.binion@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Police Destroyed Their Homes and Businesses. The Supreme Court Won't Say Who Should Pay.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/25/police-destroyed-their-homes-and-businesses-the-supreme-court-wont-say-who-should-pay/" />
		<id>https://reason.com/?p=8407609</id>
		<updated>2026-10-25T11:00:49Z</updated>
		<published>2026-10-25T11:00:49Z</published>
			<category scheme="https://reason.com/latest/" term="Civil Liberties" /><category scheme="https://reason.com/latest/" term="Law enforcement" /><category scheme="https://reason.com/latest/" term="Chicago" /><category scheme="https://reason.com/latest/" term="Federal Courts" /><category scheme="https://reason.com/latest/" term="Fifth Amendment" /><category scheme="https://reason.com/latest/" term="Government abuse" /><category scheme="https://reason.com/latest/" term="Indiana" /><category scheme="https://reason.com/latest/" term="Los Angeles" /><category scheme="https://reason.com/latest/" term="Police" /><category scheme="https://reason.com/latest/" term="Property Rights" /><category scheme="https://reason.com/latest/" term="Supreme Court" /><category scheme="https://reason.com/latest/" term="SWAT" /><category scheme="https://reason.com/latest/" term="Takings" /><category scheme="https://reason.com/latest/" term="Texas" />		<summary type="html"><![CDATA[Are innocent people entitled to compensation when their property is ruined by police? That will continue to be an "open question."]]></summary>
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										alt="Carlos Pena and Amy Hadley | Institute for Justice/Volodymyr Tverdokhlib/Flas100/Dreamstime/Fatima Ruiz"
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		<p>Is there an exception to the 5th Amendment's promise that government cannot take private property without "just compensation"? The Supreme Court declined to address that question this past Monday when it rejected a trio of petitions asking the justices to consider whether people should be compensated when law enforcement seizes or destroys their property.</p>
<p>Two of the cases concerned individuals who were not accused of a crime but whose property nevertheless became collateral damage as police pursued a suspect. In June 2022, police <a href="https://reason.com/2023/12/20/this-innocent-woman-is-on-the-hook-for-thousands-after-a-swat-team-destroyed-her-home/">fired 30 tear gas canisters</a> into Amy Hadley's home in South Bend, Indiana. Officers smashed windows, tore down security cameras, ransacked furniture, ripped down a panel and a fan, and punched holes in the walls as they searched for a fugitive named John Parnell Thomas, who had never been there. The police had erroneously concluded that Thomas accessed the internet via the IP address at Hadley's home. According to Hadley, the police caused at least $16,000 in damages, which insurance only partially covered.</p>
<p>About two months later, a SWAT team in Los Angeles arrived at Carlos Pena's North Hollywood printing business and <a href="https://reason.com/2023/07/27/a-swat-team-destroyed-an-innocent-mans-shop-then-the-city-left-him-with-the-bill/">destroyed it</a>, along with his equipment inside, crippling his livelihood after a fugitive broke in and barricaded himself in the shop. (The suspect ultimately escaped.) Pena alleged approximately $60,000 in damages in his suit against the city, which declined to compensate him for his losses. His insurance also refused to step in—as is common in such cases, as policies often exclude damage caused by the government.</p>
<p>The third petition concerned Chicago drivers whose vehicles were seized by the city over modest unpaid parking tickets. Ryan O'Donnell's vehicle was impounded and sold for scrap because of about $524 in debt. Michael Goree's was seized and relinquished to the lienholder over a debt that did not belong to him; the $560 in unpaid tickets were for a different vehicle owned by his co-signer.</p>
<p>In all of these cases the lower courts' reasoning came from a similar place. Hadley, O'Donnell, and Goree's petitions were heard by the U.S. Court of Appeals for the 7th Circuit, which has <a href="https://reason.com/2025/10/10/this-indiana-city-doesnt-have-to-pay-an-innocent-mom-16000-after-police-wrecked-her-home-court-rules/">adopted</a> a categorical rule: Property destroyed in the exercise of "police power" is immune to claims under the Takings Clause, the U.S. Constitution's pledge that government cannot usurp private property without fairly compensating the owner. Pena's case went to the U.S. Court of Appeals for the 9th Circuit, where the judges have declined to issue such a sweeping exception but have instead <a href="https://reason.com/2025/12/29/innocent-man-sues-for-over-60000-after-police-blew-up-his-business-a-court-says-hes-entitled-to-nothing/">ruled</a> that governments are exempt from paying out claims when the police actions in question were "necessary."</p>
<p>In a <a href="https://www.supremecourt.gov/orders/courtorders/101926zor_q8l1.pdf">statement</a>, U.S. Supreme Court Justice Sonia Sotomayor, joined by Justice Neil Gorsuch, outlined the many inconsistencies between the circuits on the topic. "It is still an 'open question' whether these or any other approaches are consistent with this Court's precedents. Few of these decisions likewise explain the source of any such police-power exception to the Takings Clause—whether the common law, the Constitution, or elsewhere," she wrote. "Such questions thus continue to 'benefit from further percolation' in the lower courts before this Court chooses to intervene."</p>
<p>Sotomayor was quoting herself. In 2024, she <a href="https://reason.com/2024/12/23/a-swat-team-destroyed-an-innocent-womans-house-the-supreme-court-wont-hear-her-case/">released similar remarks</a> in response to a petition from Texas woman Vicki Baker, whose house in McKinney had been <a href="https://reason.com/2021/03/05/swat-team-destroyed-innocent-womans-house-while-chasing-fugitive-city-refuses-to-pay-fifth-amendment/">hollowed</a> by a SWAT team attempting to capture a fugitive. The high court declined to hear Baker's case, although she finally <a href="https://reason.com/2026/05/22/a-swat-team-destroyed-an-innocent-womans-home-shes-been-waiting-6-years-for-justice/">found relief</a> under the Texas state constitution this year.</p>
<p>"It's possible that the Court sincerely doesn't think the lower courts have done enough thinking on this important but novel issue," Patrick Jaicomo, a senior attorney at the Institute for Justice who represented Hadley, tells me. "Still, we've brought them 5 cases from 5 circuits. How much more percolation is needed?&hellip;The Court is going to have to address this important issue, and it's not clear what another circuit decision or 6 might do to aid that consideration."</p>
<p>Though Sotomayor's statement ran in parallel to the one two years ago, its slightly sharper warning intimated that we may be inching closer to a resolution. "I again encourage courts considering this issue to take care," she wrote, "that due deference to state police powers does not eclipse constitutional rights."</p>
<p>The post <a href="https://reason.com/2026/10/25/police-destroyed-their-homes-and-businesses-the-supreme-court-wont-say-who-should-pay/">Police Destroyed Their Homes and Businesses. The Supreme Court Won&#039;t Say Who Should Pay.</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
							<media:credit><![CDATA[Institute for Justice/Volodymyr Tverdokhlib/Flas100/Dreamstime/Fatima Ruiz]]></media:credit>
		<media:description type="html"><![CDATA[Carlos Pena and Amy Hadley]]></media:description>
		<media:caption><![CDATA[Carlos Pena and Amy Hadley, whose petitions were denied by the Supreme Court]]></media:caption>
		<media:text><![CDATA[Carlos Pena and Amy Hadley, whose petitions were denied by the Supreme Court]]></media:text>
		<media:title><![CDATA[carlos-pena-amy-hadley-swat-supreme-court]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Zach Weissmueller</name>
							<uri>https://reason.com/people/zach-weissmueller/</uri>
						<email>zach.weissmueller@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Vinay Prasad on Anthony Fauci, COVID-19 Restrictions, and RFK Jr.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/25/public-health-is-so-broken/" />
		<id>https://reason.com/?p=8401501</id>
		<updated>2026-10-25T10:00:28Z</updated>
		<published>2026-10-25T10:00:28Z</published>
			<category scheme="https://reason.com/latest/" term="Health Care" /><category scheme="https://reason.com/latest/" term="Public Health" /><category scheme="https://reason.com/latest/" term="Anthony Fauci" /><category scheme="https://reason.com/latest/" term="Coronavirus" /><category scheme="https://reason.com/latest/" term="COVID-19" /><category scheme="https://reason.com/latest/" term="FDA" /><category scheme="https://reason.com/latest/" term="Federal government" /><category scheme="https://reason.com/latest/" term="Lockdowns" />		<summary type="html"><![CDATA["Fauci was wrong about almost every single pandemic policy he advanced," the former FDA insider tells Reason.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/10/25/public-health-is-so-broken/">
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		<p><span data-sheets-root="1"><div class="rcom-podcast-episode"><div class="podcast-player--player"><a class="podcast-player--popout-link" href="https://reason.com/podcast/2026/08/26/vinay-prasad-public-health-in-this-country-is-so-broken/"><i class="fas fa-external-link-alt"></i></a><div class="powerpress_player" id="powerpress_player_7980"><div class="reason-audio-container"><audio class="wp-audio-shortcode" id="audio-8397462-2" preload="none" style="width: 100%;" controls="controls"><source type="audio/mpeg" src="https://dts.podtrac.com/redirect.mp3/d2h6a3ly6ooodw.cloudfront.net/reasontv_audio_8397462.mp3?_=2" /><a href="https://dts.podtrac.com/redirect.mp3/d2h6a3ly6ooodw.cloudfront.net/reasontv_audio_8397462.mp3">https://dts.podtrac.com/redirect.mp3/d2h6a3ly6ooodw.cloudfront.net/reasontv_audio_8397462.mp3</a></audio><div class="audio-speed-controls">         <div class="speed-selector">             <select>                 <option value="1" selected>1x</option>                 <option value="1.1">1.1x</option>                 <option value="1.25">1.25x</option>                 <option value="1.5">1.5x</option>                 <option value="2">2x</option>                 <option value="3">3x</option>             </select>         </div>         <span class="back-15">:15 <i class="fas fa-backward"></i></span>         <span class="forward-15"><i class="fas fa-forward"></i> :15</span>     </div><a href="https://dts.podtrac.com/redirect.mp3/d2h6a3ly6ooodw.cloudfront.net/reasontv_audio_8397462.mp3" class="download-button" download>Download  <i class="fa-solid fa-arrow-down-to-line"></i></a></div></div><h4><a href="https://reason.com/podcast/2026/08/26/vinay-prasad-public-health-in-this-country-is-so-broken/">Vinay Prasad: Public Health in This Country Is So Broken</a></h4></div></div></span></p> <p>Vinay Prasad has been on both sides of the public health establishment. A physician, author, and professor at the University of California, San Francisco, he went from prominent COVID-era critic to Food and Drug Administration (FDA) insider when he was tapped to lead the agency's Center for Biologics Evaluation and Research in May 2025. His tenure there included an abrupt resignation in July 2025, a return a few weeks later, and his final departure in April 2026.</p> <p>Prasad joined <em>Reason</em>'s Zach Weissmueller in August to discuss what he learned from his time inside the FDA, what he was able—and unable—to change, and whether the agency can ever regain public trust. Their conversation ranges from Anthony Fauci and the origins of COVID-19 to vaccine policy, plus regulatory barriers, his growing sympathy for libertarian critiques of the FDA, and whether the agency is ready for an era of AI-driven medicine.</p> <p><em><strong>Reason</strong></em><strong>: The FDA saw a clearing out of the old guard and a replacement with a new one—COVID dissidents such as yourself, former FDA Commissioner Marty Makary, and National Institutes of Health Director Jay Bhattacharya. What was that like? Did you have any misgivings about stepping away from academia and your role as an outside critic to join the public health bureaucracy?</strong></p> <p>Prasad: Maybe we changed 4 percent, 2 percent of the FDA. The FDA is an 18,000-person agency. There's tens of thousands of people still there. Before Marty, the commissioner, and I got there, DOGE [the Department of Government Efficiency] had just struck and they got rid of a couple thousand people. But the system is largely the same as it's always been.</p> <p>There are critics of the COVID pandemic response and then there are critics. Although Marty, Jay, and I are critics of many aspects of the response, we don't go as far as some of the most extreme critics out there.</p> <p><iframe loading="lazy" title="Vinay Prasad: &quot;Fauci Has Made a Lot of Serious Errors&quot;" width="500" height="281" src="https://www.youtube.com/embed/deACJov184I?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p> <p>Am I glad I did it? Yes, I'm glad I did it. It was an adventure. It was a learning experience. I learned more in one year than I'd learned in the prior decade about how the world works. I'm glad to have improved some aspects of government, which I think will be enduring, and at least tried to improve other aspects of government, which may not be enduring.</p> <p><strong>Anthony Fauci personified the old guard. He's recently been in the news because he appeared before Congress and pleaded the Fifth after Sen. Rand Paul (R–Ky.) published his diary. What did those diary entries reveal to you about Fauci's character and about the way he operated?</strong></p> <p>Probably the greatest news story is that the mainstream media refuses to be honest about his legacy. Fauci was in his late 70s when the pandemic began. Had he retired at a ripe old age of 75, he'd be leaving behind a stellar legacy. But he continued. He pushed it. He stayed through the whole pandemic. He was the face of many things that his diaries get into, what he privately thought while he was publicly saying different things.</p> <p>Fauci has not only been a proponent that the only answer to where the virus came from is a natural spillover event. He's gone further than that. He orchestrated a paper published in <em>Nature Medicine</em> called the "Proximal Origin" paper, written by a bunch of people who bolstered that point of view. He edited that paper before it was published. Then in public, he pretended like he didn't know those people; it was an independent group that validated what he was saying. Whereas in many respects, he puppeted that paper. The people who wrote that paper—Rand Paul has released their Slack channel messages showing they didn't really even believe what they were writing. Their messages reveal considerable ambiguity about lab leak vs. natural spillover event.</p> <figure class="alignleft size-large wp-image-8401504"><a href="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/11/interview2.jpg"><img decoding="async" class="alignleft size-large wp-image-8401504" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/11/interview2-1024x576.jpg" alt="" width="1024" height="576" data-credit="Photo: Paul Alexander" srcset="https://reason.com/wp-content/uploads/2026/11/interview2-1024x576.jpg 1024w, https://reason.com/wp-content/uploads/2026/11/interview2-300x169.jpg 300w, https://reason.com/wp-content/uploads/2026/11/interview2-768x432.jpg 768w, https://reason.com/wp-content/uploads/2026/11/interview2-800x450.jpg 800w, https://reason.com/wp-content/uploads/2026/11/interview2-600x338.jpg 600w, https://reason.com/wp-content/uploads/2026/11/interview2-331x186.jpg 331w, https://reason.com/wp-content/uploads/2026/11/interview2.jpg 1161w" sizes="(max-width: 1024px) 100vw, 1024px" /></a><figcaption>Photo: Paul Alexander</figcaption></figure> <p>In terms of the origin, he also funded EcoHealth Alliance, which had a subcontract to Wuhan. He had a huge role in the origins and trying to frame the narrative, making lab leak—you couldn't even discuss it. Facebook put a ban on even talking about the topic. Then masking 2-year-olds. He played a huge role in that. Lockdowns, school closure. He said he didn't close any schools. In his own diary, he says, "I told [Mayor] Bill de Blasio, you need to close schools in New York City."</p> <p>At some point, the man's got to take ownership over the decisions he did make and advocated for. When [Gov. Ron] DeSantis in Florida reopened schools in 2020, he went on every television show to say what a bad idea that was. Now, it's very clear—many of us said so at the time—school reopening was always the right decision. Maybe it could have been closed for a week or two, but certainly not beyond that. Fauci kept it closed much longer.</p> <p>Vaccines make a lot of sense for elderly people who had not yet had COVID. But do they need to be given to a 4-year-old, a 7-year-old, a 12-year-old, a 22-year-old who'd already had COVID? This is where considerable ambiguity exists. But for Fauci, the answer was clear: You need all the shots. You need the initial series. You need a yearly booster. It doesn't matter how young you are or how many times you've had COVID. Fauci was wrong about almost every single pandemic policy he advanced.</p> <p>Some of his defenders say to me, "At least he didn't tell people to drink bleach." And I said, "Is that the bar for a guy who's a doctor and a scientist?" Drinking bleach is not a good idea, but that's not the bar for a Fauci-level figure. He should be saying things that are correct. If they're not correct, he should be collecting evidence to weigh in. He did none of that.</p> <p><strong>Fauci's pardon stretches back to 2014, when he was authorizing funding in contravention of U.S. policy on gain-of-function research. Do you think he actually committed a crime?</strong></p> <p>Yes. The other thing about it is people will say, did that money go directly for this research? The money went for viral genomic research at a Chinese institute, very similar to the sorts of things we would be worried about. That was a crime for which he's been pardoned. It's not just my assessment. That's what Joe Biden's autopen thought, or whoever signed that pardon, that he committed a crime. That's why he has a pardon that goes that far back. It was a crime. Now that he's been pardoned for it, I don't know what you can do about it.</p> <p><strong>You rode in on this wave of anti-Faucism. What was your biggest hope for what a new version of public health might look like, or for the kinds of changes that could be made?</strong></p> <p>I had a very narrow mandate because I was just in charge of biologics at the FDA. The hope continues, which is that public health could aspire to be honest, to use its powers proportionately and judiciously, to exercise humility. Public health is far from these things. Public health could actually aspire to be bipartisan. Public health is not. It's becoming an increasingly entrenched left-wing discipline run by left-wing ideologues, reaching even more and more absurd conclusions. What public health can be and what it is are still light-years apart.</p> <p><strong>You don't think that has changed very much?</strong></p> <p>Not much at all. Changing an entrenched organization with tens of thousands of people is very difficult. There have been some changes. The pandemic has been a catalyst. But I don't think a real reform is possible. I suspect it'll splinter into different public health groups.</p> <p><strong>Your role was at the part of the FDA that oversees biologics, such as vaccines and gene therapies. Vaccines became an increasingly polarized and politicized issue during COVID. What was your goal specifically pertaining to vaccines when you took over after the pandemic?</strong></p> <p>The right drug given to the right person at the right time is lifesaving, but the wrong drug given to the wrong person at the wrong time can be harmful. Vaccines are the same way. You can't say anything about all vaccines, just like you can't say anything about Tylenol, aspirin, and Plavix all in the same breath. They're all very different drugs.</p> <p><strong>Is this the same phenomenon we observed during COVID, where you're either for the vaccine or you're against it, for a medicine or against it, without breaking things down by age, health, or other individual factors? Everything has to be flattened or compressed.</strong></p> <p>Same phenomenon. One-size-fits-all public health—where the shoe doesn't fit the guy with the big foot or the person with the small foot—is a completely wrong view of public health. COVID is a great example. An 80-year-old who's never had COVID, and we're talking about February of 2021, should they get a vaccine? Absolutely. A 7-year-old who's had COVID and we're talking about 2022? No, a healthy 7-year-old makes no sense. Public health is, in this country, so broken. It cannot appreciate these distinctions.</p> <p><strong>Something you've been writing about for a long time is poor experimental design in drug trials. Was that something you wanted to change when you came into the FDA? Do you feel like you made any progress toward that goal?</strong></p> <p>In one year, we did more than what our predecessors have done in a decade. You can look at just the sheer number of announcements and policy changes we made. We're talking a lot about one side of the coin, which is where the companies are not doing the right study to inform the American public. We're not talking about the other side of the coin, where the FDA is asking them to do things that don't make any sense at all, that burden them, that cost money, and that are wasteful. We did a lot of work in that space too. The FDA makes both errors. They also do a lot of things right, but they make both errors and they can get better.</p> <p><strong>You mentioned there were two sides of this FDA reform. One was raising standards for things like vaccines. The other was acknowledging how expensive and cumbersome it can be to get something approved in the United States. What were the biggest barriers you saw at the FDA on that side of the equation?</strong></p> <p>So many. During my time at the FDA, I was often sympathetic to the people who work at companies who told me about the hurdles they were forced to jump through. The FDA does two things: We regulate what's approved and can be marketed and sold on the U.S. market, but also what you can study.</p> <p>Imagine you're a researcher and you want to study something. We're not talking about approving. You want to gather people together who may be interested in trying something new, have an informed consent, get them to volunteer, but they know that we don't know for sure it's going to work. We do so many things in that space, regulating what you can study and how you can study it, that I think are sensible. You don't want to let people sign up for something that's going to blind them or maim them. But some things that aren't sensible, that are overly burdensome, that are quality controls that don't make sense for small companies and super-rare diseases that don't have a huge budget to study these things. The regulation in this early side of research is tremendous in the United States. A lot of it is well-intentioned, but not all of it is fit for purpose.</p> <p><strong>You said that your time within the FDA made you somewhat more sympathetic to the libertarian critiques of the FDA.</strong></p> <p>I'm really sympathetic in one way: We tax people a lot of money to pay for healthcare in America—trillions of dollars. We're taking trillions of dollars from people's paychecks, from taxation, and we're taking it for this thing that we think is a benefit to people, which is we're going to offer a service that's maybe a human right, a societal good. Surely, the service we offer, we do have some of that stuff in there. If you have a heart attack, you go to the doctor here with or without insurance, they're going to open up that blockage. That's a great thing. But along with that package deal, we're going to insert a few things that may or may not work, that cost a lot of money. All that's doing is taking lots of money from taxpayers and redistributing it to the shareholders of those companies.</p> <p>It's a huge financial system with the rare adverse event of helping someone's health. The libertarian comes along and says, "I'd rather not pay the tax—have more skin in the game, decide what's right for me. I'm the best person to decide how to use my own money." I do feel a sympathy to that point of view, because this system has so many places where it can be taken advantage of, where people get something that doesn't help that much, that only may kill without any possibility of benefit. And we take a lot of other people's money to pay for that.</p> <p><strong>Dario Amodei, the CEO of Anthropic, recently called out the FDA, and I'm wondering what you think of this. He wrote, "Regulatory systems were designed for a slower pace of innovation and we are not prepared for the deluge of new products and advances that AI will bring. AI may also make these downstream technologies safer and more predictable in a way that violates the skeptical assumptions of regulatory agencies like the FDA."</strong></p> <p><strong>If Amodei is right about the effect AI is going to have on the field, do you think the FDA will be able to adapt?</strong></p> <p>I see kernels of truth in what he's saying, but maybe I don't go all the way he goes. Where I see the big core truth is the FDA tries to regulate AI itself, medical AI. You wear a watch that's supposed to give you information and the FDA wants to do a lot of that regulation. That's a very tough thing to regulate, because this technology is changing so much faster than our ability to judge it. I do agree with Marty and others who think that that's probably not the best role for regulating all the potential aspects of digital health and health AI. For instance, you can imagine the absurdity where I'm a doctor, I'm seeing a patient later this afternoon, should government regulate the apps I can use to learn about the disease or ask questions? Should it regulate open evidence? I don't think it should.</p> <p><strong>I spoke to a company called Doctronic that is acting as an AI prescriber in Utah, where AI is being allowed to refill prescriptions. That's another example of where these questions are going to have to be answered: Where does the government step in, and where does it step back?</strong></p> <p>Government is much more likely to get in the way of these kinds of innovations. It's changing so quickly. It's going to be very difficult for government to regulate that. You talk about drug discovery and drug science and those kinds of aspects of AI. If I was a pharmaceutical firm, I would definitely invest in AI. There's so many things around running clinical trials that we can do better with AI, help us run them cheaper and faster and more efficiently.</p> <p>But when it comes to molecule discovery and basic science, I'm not as optimistic as Dario for a couple of reasons. One, a lot of the information that is fed into models about cancer biology is basically as close to fraudulent research as you can imagine. We're talking about like <em>the Stanford president whose Western blots look Photoshopped</em> kind of research. You got research that's not reproducible. It's not just my opinion. Many companies have taken samples of the literature and they tried to replicate it in their own labs and they have massive strikeout rates. If you train AI on garbage, what can it learn? It's only trained on inaccurate information. That's a challenge it faces.</p> <p>The second challenge is AI will be happy to give you hypotheses to study, but you'll still need to run it with a few people to validate those hypotheses. I suspect the limiting reactant is not coming up with ideas; we have more ideas than we can study with people. The limiting reactant is getting the people to consent and manufacturing the products and those kinds of things.</p> <p>I hope he's right. If he is right, it sounds like a great future. But I'm a little bit skeptical that he's totally right, because I think the biology of it is a lot harder.</p> <p><strong>Do you think enough has happened for people to start regaining trust in public health?</strong></p> <p>No way. I wouldn't trust it at all.</p> <p><strong>What still needs to happen for public health to legitimately earn back the trust of the public?</strong></p> <p>I don't know if it's even possible. It's so fragmented now. People tell you with a straight face, people I know, "Anthony Fauci, he made no mistakes. Literally, did the best job he could with the information he had." Then I said, let's just focus on one tiny thing. He did say you should take your 24-month-old kid and put a cloth mask on that kid all day in daycare. He said that. You don't think he had any clues at the time that that was a dumb idea? It's so obviously dumb, right? That's their position on every issue.</p> <p>Public health is so myopic. It doesn't understand that you have to look at the whole issue. Isn't that a perfect analogy for COVID? Don't go outside. Just stay in your house all day. As if human beings don't need contact with other people and see face to face as if that doesn't matter at all.</p> <p>Public health has not learned its lesson. The problem with public health is that they're completely politically captured now. Public health and the far left wing of the Democratic Party are synonyms. There's no political balance there. A little balance would go a long way. A little bit of open-mindedness would go a long way in public health. A little bit of humility to just admit a few things we got wrong in the pandemic.</p> <p><strong>The federal public health apparatus is still staffed with Robert F. Kennedy Jr. at the top and Jay Bhattacharya is still head of the National Institutes of Health. Is that not having some sort of trickle-down effect or creating a countercurrent within the system?</strong></p> <p>I don't know.</p> <p>Don't get me wrong, I love Jay and I think Jay's heart's in the right place. He's already made some really important changes. I agree a lot with the kernel of Bobby's ideas. I agree with the kernel. I always say the kernel because I can think of a way that makes sense and I can sometimes think of ways it doesn't make sense.</p> <p>But before I went to government, people told me that there is a fourth branch of government and it's the career state employees. I never believed that to be true, but now I'm certain that it's true. You have a lot of people who are in government. They tend to be in just three or four counties in one area, the blue pocket of America. They have strong views, and they really do a lot of the governance of this country. They make the decisions that regulate all of us in a way that's unaccountable to Congress and unaccountable to the president. I suspect they'll continue to stay. The COVID pandemic revealed to so many people that we made mistakes and that distrust in medicine and public health will just continue to grow and that there will continue to be more of these reckonings in the years to come.</p> <p><strong>How did working at the FDA affect your own confidence as a consumer in the regulatory system?</strong></p> <p>It gives me a little bit of pause sometimes. I like to trust but verify. I am cautious always with new therapies and particularly cautious that some safety information is being missed. It also makes me a bit more libertarian. I can imagine a system where we give people in America greater flexibility in what kind of products they can try. Maybe there's some third-party agencies, <em>Consumer Reports</em>–style agencies, that give different levels of quality and seals of approval of different products, and people can choose what they want and also have a little bit more skin in the game and use their own money. The moment you start to use your own money, suddenly tiny changes in surrogate biomarkers and elevated liver enzymes take on greater importance in a way that might not exist if you're using commercial insurance to pay for it.</p> <p><strong>Is it that you saw something inherent to the process that creates problems, holes, or gaps?</strong></p> <p>The fundamental idea that there's this one-size-fits-all balance where safety and efficacy is acceptable. What might be acceptable to you and acceptable to me might be different. I might want a little bit more efficacy information, a little bit more safety validation, and you might be willing to try more. The idea that a single monolithic government agency in the suburbs of D.C. can set that bar for every single person in America, that to me is a tougher pill to swallow now.</p> <p><em>This interview has been condensed and edited for style and clarity.</em></p><p>The post <a href="https://reason.com/2026/10/25/public-health-is-so-broken/">Vinay Prasad on Anthony Fauci, COVID-19 Restrictions, and RFK Jr.</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
							<media:credit><![CDATA[Photo: Kevin Neilson]]></media:credit>
		<media:description type="html"><![CDATA[Vinay Prasad]]></media:description>
		<media:title><![CDATA[interview]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/09/interview.jpg" width="1161" height="653" />
	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Open Thread			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/10/25/open-thread-368/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8407720</id>
		<updated>2026-10-25T07:00:00Z</updated>
		<published>2026-10-25T07:00:00Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[What’s on your mind?]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/10/25/open-thread-368/">
			<![CDATA[<p>The post <a href="https://reason.com/volokh/2026/10/25/open-thread-368/">Open Thread</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Jonathan H. Adler</name>
							<uri>https://reason.com/people/jonathan-adler/</uri>
					</author>
					<title type="html"><![CDATA[
				Nominations Sought for Harold Berman Law & Religion Award			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/10/24/nominations-sought-for-harold-berman-law-religion-award/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8407735</id>
		<updated>2026-10-24T20:33:51Z</updated>
		<published>2026-10-24T20:33:51Z</published>
					<summary type="html"><![CDATA[Information on how to nominate an excellent paper on law and religion.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/10/24/nominations-sought-for-harold-berman-law-religion-award/">
			<![CDATA[<p>For the next month, the AALS Section on Law &amp; Religion is accepting nominations for the Harold Berman Award. Here is the text of the announcement:</p>
<blockquote><p>The AALS Section on Law &amp; Religion seeks nominations for the Harold Berman Award for Excellence in Scholarship. This annual award recognizes a paper that "has made an outstanding scholarly contribution to the field of law and religion," in the words of the prize rules. To be eligible, a paper must be published between July 15, 2025 and July 15, 2026. The author must be "a faculty member at an AALS Member School with no more than 10 years' experience as a faculty member." Fellows are eligible, and self-nominations are accepted, though members of the AALS Law &amp; Religion Section Board are not eligible. Nominations should include the name of the author, the title of the paper, a statement of eligibility, and a brief rationale for choosing the paper for the award. Nominations should be sent to Rick Garnett (<a title="mailto:rgarnett@nd.edu" href="mailto:rgarnett@nd.edu" data-linkindex="2">rgarnett@nd.edu</a>), Chair of the Berman Prize Committee, by November 18, 2026. The winner will receive an award plaque and be recognized at the section's program at the AALS annual meeting in January 2027.  Thanks to the members of the Prize Committee: Rick Garnett (Notre Dame), Nelson Tebbe (Cornell), Richard Albert (Texas), Brandon Paradise (Rutgers), Leslie Griffin (UNLV), and Anna Su (Toronto).</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/10/24/nominations-sought-for-harold-berman-law-religion-award/">Nominations Sought for Harold Berman Law &amp; Religion Award</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Some Communications by Rabbi Shmuley with AI Platforms May Be Discovered in Order to Determine Punitive Damages			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/10/24/some-communications-by-rabbi-shmuley-with-ai-platforms-may-be-discovered-in-order-to-determine-punitive-damages/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8407726</id>
		<updated>2026-10-24T16:29:00Z</updated>
		<published>2026-10-24T15:08:51Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="AI in Court" /><category scheme="https://reason.com/latest/" term="Civil Procedure" /><category scheme="https://reason.com/latest/" term="Libel" />		<summary type="html"><![CDATA[From Wednesday's decision in Fontainebleau Florida Hotel, LLC v. Botach [Rabbi Shmuley], decided by Magistrate Judge Marty Fulgueira Elfenbein: Plaintiff's&#8230;
The post Some Communications by Rabbi Shmuley with AI Platforms May Be Discovered in Order to Determine Punitive Damages appeared first on Reason Magazine.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/10/24/some-communications-by-rabbi-shmuley-with-ai-platforms-may-be-discovered-in-order-to-determine-punitive-damages/">
			<![CDATA[<p>From Wednesday's decision in <em><a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.682106/gov.uscourts.flsd.682106.289.0.pdf">Fontainebleau Florida Hotel, LLC v. Botach [Rabbi Shmuley]</a></em>, decided by Magistrate Judge Marty Fulgueira Elfenbein:</p>
<blockquote><p>Plaintiff's four subpoenas to the AI Providers and its Seventh RFP seek the same information, specifically Defendant's communications with AI platforms since December 3, 2024, concerning various categories of subjects:</p>
<ol>
<li>All of Defendant's AI Communications with AI since December 3, 2024, concerning or relating to the Fontainebleau Hotel.</li>
<li>All of Defendant's AI Communications with AI since December 3, 2024, concerning or relating to this litigation.</li>
<li>All of Defendant's AI Communications with AI since December 3, 2024, concerning or relating to counsel for Plaintiff.</li>
<li>All of Defendant's AI Communications with AI since December 3, 2024, concerning or relating to any employee, owner, or representative of the Fontainebleau Hotel.</li>
<li>All of Defendant's AI Communications with AI since December 3, 2024, concerning or relating to any Court Order entered during this litigation.</li>
<li>All of Defendant's AI Communications with AI since December 3, 2024, concerning or relating to Judge K. Michael Moore or the undersigned.</li>
</ol>
<p>In addition, to these six categories, Plaintiff seeks one more category of documents in the subpoenas to the AI providers (but not in the Seventh RFP), consisting of:</p>
<ol start="7">
<li>All of Defendant's AI Communications regarding Requests 1 through [6] that have, since their creation, been deleted&hellip;.</li>
</ol>
<p>Plaintiff [argued] that Defendant's AI communications may reveal the extent of his alleged malice toward Plaintiff, the intentionality underlying his conduct, and evidence relevant to the determination of punitive damages, including whether an exception to Florida's statutory cap [on punitive damages] applies&hellip;.</p></blockquote>
<p><span id="more-8407726"></span></p>
<blockquote><p>Federal Rule of Civil Procedure 26(b)(1) permits discovery of nonprivileged matters relevant to a party's claims or defenses and proportional to the needs of the case. The Rule expressly recognizes that information within the permissible scope of discovery need not be admissible in evidence to be discoverable&hellip;. The District Court's Order at ECF No. [261], which authorized the Parties to conduct "discovery limited to damages," also governs the scope of discovery at this juncture&hellip;. Thus, the relevant inquiry is whether the particular AI communications sought by Plaintiff bear a sufficient relationship to the damages issues remaining in this action&hellip;.</p>
<p>The degree of reprehensibility, the defendant's intent, and the circumstances surrounding the wrongful conduct are &hellip; relevant to determining an appropriate punitive-damages award&hellip;. To the extent Defendant used AI platforms to generate, revise, or refine statements concerning Plaintiff, its counsel, or its representatives, those communications may reveal not merely the final content of Defendant's statements but also the purpose for which the statements were created, the instructions Defendant supplied, and the effects he sought to achieve. Such information may provide evidence of the intent underlying Defendant's conduct that cannot necessarily be discerned from the resulting public statements alone. The Court does not determine that those communications will establish malice or specific intent to harm; it determines only that they bear a sufficient relationship to those disputed damages issues to warrant discovery&hellip;.</p>
<p>According[] to Defendant, his alleged hostility does not necessarily prove constitutional actual malice, and it therefore should not be considered when deciding whether punitive damages are appropriate. Constitutional actual malice in a defamation action concerns knowledge of falsity or reckless disregard for truth. By contrast, the reprehensibility inquiry and the specific-intent exception under section 768.73(1)(c) require consideration of the defendant's culpability and intent to harm the claimant. Evidence of hostility, planning, or deliberate efforts to inflict or amplify injury to Plaintiff may be relevant to those questions when sufficiently connected to the alleged wrongful conduct here.</p>
<p>Plaintiff seeks evidence not simply to establish that Defendant disliked the Hotel, but to determine whether Defendant deliberately engaged in conduct intended to cause injury and whether that intent bears on the reprehensibility and statutory treatment of the punitive damages sought. The Court therefore rejects Defendant's argument that because hostility does not necessarily prove constitutional actual malice, it should not be considered when deciding whether punitive damages are appropriate.</p>
<p>Nor does the fact that some requested communications postdate the original publications render them categorically undiscoverable. Subsequent statements and conduct may, depending on their content and context, provide circumstantial evidence of a defendant's earlier intent or reveal a continuing course of conduct relevant to the injury. The temporal relationship between a communication and the alleged injury may affect its probative value, but it does not create an absolute bar to discovery&hellip;.</p>
<p>The Court does not hold that every subsequent statement by Defendant may support an award of punitive damages. The Supreme Court has cautioned that punitive damages may not be used to punish a defendant for unrelated or dissimilar conduct merely because that conduct reflects poorly on the defendant's character. But the permissible scope of discovery is broader than the scope of evidence that may be ultimately admitted at trial. The present inquiry is whether the requested information is relevant and proportional under Rule 26(b)(1) to the damages issues remaining in this case.</p>
<p>Here, Plaintiff alleges a continuing course of conduct directed toward the Hotel, its personnel, and its representatives, including conduct involving AI-generated content. Plaintiff has also identified testimony from its damages expert concerning the alleged cumulative effect of Defendant's continuing online activity on the Hotel's reputation and business. As such, Defendant's communications with AI platforms concerning the Hotel and the Hotel's employees, owners, or representatives, including Plaintiff's counsel, may reveal information relevant to Defendant's alleged intent to harm Plaintiff, the nature and persistence of the challenged conduct, and the extent to which that conduct allegedly amplified Plaintiff's injuries. The Court therefore concludes that Request Nos. 1 (seeking AI communications about the Hotel), 3 (seeking AI communications about Plaintiff's counsel), and 4 (seeking AI communications about any employee, owner, or representative of the Hotel) in the subpoenas to the AI providers and the Seventh RFP fall within the scope of damages discovery authorized by the District Court<strong>&hellip;.</strong></p>
<p>Further, to the extent Request No. 7 in the subpoenas to the AI providers &hellip; seeks Defendant's AI communications regarding Requests Nos. 1 through [6] that have been deleted since their creation, the Court concludes that this Request is authorized by the District Court's Order only to the extent it seeks any deleted AI communications regarding Request Nos. 1, 3, and 4&hellip;.</p></blockquote>
<p>But the court rejected the other requests, which dealt with AI communications "concerning or relating to this litigation" (2), "concerning or relating to any Court Order entered during this litigation" (5), and "concerning or relating to Judge K. Michael Moore or the [Magistrate Judge]" (6):</p>
<blockquote><p>Starting with Request No. 2 in the subpoenas and the Seventh RFP, it seeks all AI communications concerning or relating to "this litigation." That formulation is exceptionally broad. It encompasses potentially every AI exchange on matters having no meaningful connection to the amount of damages or Defendant's alleged intent to harm Plaintiff. Plaintiff has not established that every communication relating to this litigation bears on an issue remaining for the damages trial&hellip;.</p>
<p>Turning to Request No. 5 in the subpoenas and the Seventh RFP, it seeks all AI communications concerning or relating to any Court Order entered during this litigation. Such communications may include Defendant's attempts to understand an Order, research its consequences, consider procedural options, or evaluate the litigation. The fact that Defendant may have expressed disagreement with, frustration about, or hostility toward a Court Order does not, without a sufficient connection to the alleged injury, make the communication relevant to Plaintiff's damages. Although Plaintiff contends that Defendant's reactions to Court Orders reflect the depth of his hostility and the reprehensibility of his conduct, that theory is too attenuated to justify discovery of every AI exchange concerning every Order entered in this case. The Court therefore finds that Request No. 5 exceeds the permissible scope of damages discovery.</p>
<p>Finally, Request No. 6 in the subpoenas and the Seventh RFP seeks all AI communications concerning or relating to District Judge K. Michael Moore or the undersigned Magistrate Judge. The Court likewise finds that Defendant's private communications with AI platforms concerning judicial officers, without more, do not bear a sufficient relationship to the damages Plaintiff seeks for the alleged harm to the Hotel. The discovery inquiry is not whether Defendant has criticized the judiciary; it is whether the requested information is relevant and proportional to the damages issues remaining in this action. A request encompassing every AI communication about the judges presiding over this litigation exceeds that scope. The Court thus finds that Request No. 6 exceeds the permissible scope of damages discovery.</p>
<p>The Court recognizes Plaintiff's argument that Defendant's criticism of the judicial process may demonstrate the persistence of his alleged hostility. But the Supreme Court has cautioned against using dissimilar conduct as a basis for punishing a defendant for being an objectionable person rather than for the conduct that injured the plaintiff&hellip;.</p></blockquote>
<p>And the court rejected the argument that the communications were categorically "protected work product":</p>
<blockquote><p>Federal Rule of Civil Procedure 26(b)(3)(A) generally protects "documents and tangible things that are prepared in anticipation of litigation or for trial by or for another party or its representative." The doctrine is designed to protect the adversarial process by preserving the privacy necessary for litigation preparation&hellip;.</p>
<p>The Eleventh Circuit's interpretation of Rule 26(b)(3)(A) confirms that work-product protection is not limited to materials prepared by counsel but extends to materials prepared by or for a party or its representative in anticipation of litigation&hellip;.</p>
<p>When determining whether a document is protected under the work-product doctrine, "litigation need not necessarily be imminent &hellip; as long as the primary motivating purpose behind the creation of the document was to aid in possible litigation." The document must have been "<em>created principally or exclusively</em> to assist in anticipated or ongoing litigation." "Just because a document may have been used later to assist in litigation &hellip; does not mean it was principally prepared for such purpose." &hellip;</p>
<p>Here, communications independently generated by Defendant to create, revise, or disseminate content concerning the Hotel, its personnel, or Plaintiff's counsel are not transformed into attorney work product merely because Defendant is a litigant or because the resulting content may bear on this action. To the extent such communications were created for the purpose of producing public-facing statements or pursuing Defendant's independent activities, rather than preparing the defense of this litigation, they ordinarily would not satisfy Rule 26(b)(3)(A). The Court therefore rejects Defendant's blanket work-product objection to Request Nos. 1, 3, 4, and 7.</p>
<p>However, that conclusion does not foreclose a properly supported, document-specific claim of protection. If a particular communication was prepared because of this litigation and otherwise satisfies Rule 26(b)(3), Defendant may assert the protection in accordance with the Federal Rules. Defendant must, however, identify the withheld material and describe the nature of the asserted protection sufficiently to permit Plaintiff to assess the claim without revealing the protected information itself&hellip;.</p>
<p>[I]f Plaintiff serves the subpoenas on the AI providers and requires them to produce the document directly to Plaintiff's counsel, Defendant will be deprived of the opportunity to determine whether there are any work-product protected documents within the production that should otherwise be withheld and identified on a privilege log. For that reason, the Parties are <strong>DIRECTED</strong> to meet and confer to discuss the logistics of how the AI providers, to the extent they have responsive materials, will be instructed to produce such materials&hellip;.</p></blockquote>
<p>Some backstory on the lawsuit from an earlier post, <a href="https://reason.com/volokh/2026/07/29/magistrate-judge-recommends-massive-sanctions-on-rabbi-shmuley-boteach-for-violating-court-order-in-anti-semitism-lawsuit/">Magistrate Judge Recommends Massive Sanctions on Rabbi Shmuley Boteach for Violating Court Order in Anti-Semitism Lawsuit</a> (District Judge K. Michael Moore had since adopted the Magistrate Judge's Report):</p>
<blockquote>
<p style="text-align: left;">This case arises from an incident that occurred at the Fontainebleau Florida Hotel &hellip;. Plaintiff alleges that the following events occurred:</p>
<p style="text-align: left;">After more than an hour of loitering, Defendant Boteach engaged in an uneventful conversation with a registered guest of the Hotel and the two parted ways. More than an hour later (after midnight on Sunday, December 2, 2024), Defendant Boteach engaged in a verbal altercation with the same registered guest wherein the guest and Defendant Boteach exchanged hateful words at each other.</p>
<p style="text-align: left;">The guest used language that was heinous and accused Defendant Boteach of being a "baby killer" and other words that are easily interpreted as antisemitic. Defendant Boteach, in turn, hurled anti-Islamic words at the registered guest and repeatedly shouted, "Allahu Akbar? Are you going to blow yourself up or something? &hellip; he uses the expressions of, like, suicide bombers." Within hours, Defendant Boteach posted an edited video of the exchange on Instagram and began his campaign of threats against the Hotel, its ownership, its outside lawyer, and its employees—who had nothing to do with the altercation except that Hotel security de-escalated and ended it.</p>
<p style="text-align: left;">Plaintiff alleges that following the altercation, the Defendant, who the FAC [First Amendment Complaint] describes as a "social media influencer and rabbi" with "hundreds of thousands of social media followers[,]" went on a "multi-week assault on the [Hotel], its personnel, and representatives—creating AI videos purporting to show them celebrating antisemitism, comparing them to Nazi collaborators, falsely accusing them of banning Jews from the property, and fabricating statements that they embraced a policy of Judenrein, i.e., the extermination of six million Jews." The FAC alleges that Defendant falsely stated that he was denied entry to the Hotel because he is "too Jewish," that the Hotel refused to cooperate with law enforcement's investigation of the incident, and that he "was trespassed from the Hotel for being 'too Jewish[.]'"</p>
<p style="text-align: left;">Plaintiff further alleges that "Defendant Boteach published a statement that, in part, called for guests 'who have booked' at the Hotel to 'cancel your reservations'" and to "'be smart and cancel and give your hard-earned money to a hotel that doesn't abide antisemites.'" Moreover, Plaintiff alleges:</p>
<p style="text-align: left;">At all hours of the day and night, Defendant Boteach proceeded to harass the Hotel and its representatives. For example, he posted a "headshot" photograph of the head of the Hotel's outside counsel with the words "DIGITALLY DECAPITATED" and later, at 3:49 am, menacingly threatened that counsel was "about to have a really interesting Shabbat" when he arrived at his synagogue, which Defendant Boteach identified by name and location. Defendant Boteach directly contacted counsel's clergy and posted harassing images of them.</p>
</blockquote>
<p>That post also explains the Magistrate Judge's conclusion that the defendant had repeatedly and willfully violated a court order, and therefore ought to have default judgment entered against him as to liability (with further proceedings to take place as to damages).</p>
<p>Sean Alexander Burstyn (Burstyn Law PLLC), Christopher Ara Ajizian (Christopher Ajizian P.A.) and Todd Rapp Friedman represent the hotel.</p>
<p>The post <a href="https://reason.com/volokh/2026/10/24/some-communications-by-rabbi-shmuley-with-ai-platforms-may-be-discovered-in-order-to-determine-punitive-damages/">Some Communications by Rabbi Shmuley with AI Platforms May Be Discovered in Order to Determine Punitive Damages</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
]]>
		</content>
						</entry>
		<entry>
					<author>
			<name>Davide Mamone</name>
							<uri>https://reason.com/people/davide-mamone/</uri>
					</author>
					<title type="html"><![CDATA[
				Iowa Voters Don't Want Police or Flock Tracking Their Cars. Politicians Are Still Catching Up.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/24/iowa-voters-dont-want-police-or-flock-tracking-their-cars-politicians-are-still-catching-up/" />
		<id>https://reason.com/?p=8407576</id>
		<updated>2026-10-24T12:00:45Z</updated>
		<published>2026-10-24T12:00:45Z</published>
			<category scheme="https://reason.com/latest/" term="Campaigns/Elections" /><category scheme="https://reason.com/latest/" term="Civil Liberties" /><category scheme="https://reason.com/latest/" term="Police Abuse" /><category scheme="https://reason.com/latest/" term="Privacy" /><category scheme="https://reason.com/latest/" term="Surveillance" /><category scheme="https://reason.com/latest/" term="Election 2026" /><category scheme="https://reason.com/latest/" term="Flock" /><category scheme="https://reason.com/latest/" term="Fourth Amendment" /><category scheme="https://reason.com/latest/" term="Invasion of Privacy" /><category scheme="https://reason.com/latest/" term="Iowa" /><category scheme="https://reason.com/latest/" term="License Plate Cameras" /><category scheme="https://reason.com/latest/" term="Police" />		<summary type="html"><![CDATA[Opposition to license plate surveillance is crossing party lines in Iowa, where police departments have built an extensive camera network with limited public oversight.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/10/24/iowa-voters-dont-want-police-or-flock-tracking-their-cars-politicians-are-still-catching-up/">
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		<p><span style="font-weight: 400;"><strong>West Des Moines, Iowa—</strong>Iowa voters may disagree on immigration, taxes, and the economy, but government surveillance is drawing opposition from across the political spectrum.</span></p>
<p><span style="font-weight: 400;">An Emerson College </span><a href="https://emersoncollegepolling.com/iowa-2026-poll-hinson-leads-turek/"><span style="font-weight: 400;">poll</span></a><span style="font-weight: 400;"> of 750 likely Iowa voters, conducted between late August and early September, found that 61 percent opposed police use of automated license plate reader (ALPR) cameras, compared with 26 percent in support.</span></p>
<p><span style="font-weight: 400;">The backlash comes as police departments across the state increasingly rely on surveillance technology supplied by private companies such as Flock Safety and Motorola Solutions. Their cameras record license plates and vehicle information, feeding searchable databases that allow law enforcement to piece together motorists' movements, including those of people suspected of no crime.</span></p>
<p><span style="font-weight: 400;">As Iowa's gubernatorial and congressional campaigns enter their final stretch, voters are increasingly pressing candidates on whether they intend to place limits on the technology. Jacqueline Thompson, an ordained elder in the Iowa Conference of the United Methodist Church and a self-described centrist Democrat, said she has been concerned about government surveillance for years.</span></p>
<p><span style="font-weight: 400;">"It's always been important to me [and] I've always thought that was a problem," she said before a campaign rally at a senior living community in Des Moines earlier this month. "So, when people started jumping on the bandwagon saying it, I was like, 'Hello, I've been here already!'"</span></p>
<p><span style="font-weight: 400;">Thompson pointed to two Democratic candidates, Nate Willems, who is running for Iowa attorney general, and Taylor Wettach, a candidate for state auditor, as having caught her attention with their emphasis on corporate oversight and access to government records.</span></p>
<p><span style="font-weight: 400;">For Thompson, the renewed attention to privacy is a welcome development in a political environment where Democrats and Republicans rarely find common ground. "It's kind of nice to hear the people come back to the middle [and discuss this]," she said.</span></p>
<h2><b>Flock Does Not Have Enough Guardrails</b></h2>
<p><span style="font-weight: 400;">Police surveillance technology has spread across Iowa faster than the rules governing its use.</span></p>
<p><span style="font-weight: 400;">A recent </span><a href="https://www.aclu-ia.org/publications/automatic-license-plate-reader-report-raises-concerns-about-expansion-of-government-surveillance-in-iowa/"><span style="font-weight: 400;">study</span></a><span style="font-weight: 400;"> identified at least 62 Iowa law enforcement agencies that had accessed other agencies' Flock databases, including departments that did not operate cameras of their own. Police departments can therefore search information collected well beyond their jurisdictions without having to install a single camera themselves. The study (led by Megan Graham, a clinical associate professor and director of the Technology Law Clinic at the University of Iowa College of Law) found significant gaps in transparency surrounding ALPRs.</span></p>
<p><span style="font-weight: 400;">The constitutional implications are already being tested in court. On October 1, a federal judge in Oklahoma ruled that a sheriff's deputy violated the Fourth Amendment by searching a motorist's location history through automated license plate reader systems operated by Flock Safety and Motorola Solutions without a warrant.</span></p>
<p><span style="font-weight: 400;">The search turned up more than 50 records of the driver's whereabouts across multiple states over a month. In the </span><a href="https://storage.courtlistener.com/recap/gov.uscourts.oknd.76981/gov.uscourts.oknd.76981.62.0.pdf"><span style="font-weight: 400;">38-page ruling</span></a><span style="font-weight: 400;">, the judge ordered the resulting evidence suppressed, describing the technology as a form of "indiscriminate mass surveillance." The decision is not binding in Iowa, and legal challenges to ALPR surveillance still face an </span><a href="https://reason.com/2026/10/09/despite-a-notable-victory-in-oklahoma-legal-challenges-to-flock-cameras-still-face-long-odds/"><span style="font-weight: 400;">uphill battle</span></a><span style="font-weight: 400;">, but it adds to the legal scrutiny of police tracking motorists without warrants.</span></p>
<p><span style="font-weight: 400;">The University of Iowa study also raised concerns about unauthorized database access, erroneous alerts, and the potential use of locally collected information for federal immigration enforcement.</span></p>
<p><span style="font-weight: 400;">Flock Safety says it has not provided U.S. Immigration and Customs Enforcement or Border Patrol with direct access to its systems. But the researchers found that local law enforcement agencies </span><a href="https://reason.com/2025/06/19/florida-used-a-nationwide-surveillance-camera-network-250-times-to-aid-in-immigration-arrests/"><span style="font-weight: 400;">elsewhere</span></a><span style="font-weight: 400;"> in the country had conducted searches on behalf of federal authorities, effectively allowing them to obtain information without direct access.</span></p>
<p><span style="font-weight: 400;">Taxpayers are also footing the bill. Cedar Rapids reported operating 76 cameras at a combined average cost of more than $20,000 a month, according to the study.</span></p>
<p><span style="font-weight: 400;">Researchers struggled to determine the full extent of surveillance across Iowa. Some agencies refused to disclose the number or locations of their cameras, while others withheld records concerning unauthorized access or erroneous alerts, citing confidentiality.</span></p>
<p><span style="font-weight: 400;">The cameras are not limited to Iowa's largest cities. Becca Eastwood, deputy policy director at the American Civil Liberties Union of Iowa, said they have spread across large, midsize, and smaller communities, prompting a surge in opposition over the past year.</span></p>
<p><span style="font-weight: 400;">The backlash "has just exploded, like no other issue that I have seen in my time at the ACLU," Eastwood told Reason in an interview. Candidates running for state and federal offices are increasingly getting asked if they support police departments using ALPR cameras, she said. </span></p>
<p><span style="font-weight: 400;">Some local governments are already reconsidering their contracts. Indianola and Waukee suspended their Flock camera arrangements, Iowa Public Radio </span><a href="https://www.iowapublicradio.org/ipr-news/2026-08-27/flock-cameras-privacy-concerns-indianola"><span style="font-weight: 400;">reported</span></a><span style="font-weight: 400;"> in August. Dallas County </span><a href="https://www.iowamediawire.com/2026/08/license-plate-reader-deployment-paused-by-dallas-county-sheriff/"><span style="font-weight: 400;">paused</span></a><span style="font-weight: 400;"> a planned rollout while awaiting guidance from state lawmakers. Ankeny, which </span><a href="https://transparency.flocksafety.com/ankeny-ia-pd"><span style="font-weight: 400;">operates</span></a><span style="font-weight: 400;"> 16 Flock cameras, is reportedly </span><a href="https://www.axios.com/local/des-moines/2026/08/27/ankeny-holds-steady-on-flock-cameras-for-now"><span style="font-weight: 400;">expected</span></a><span style="font-weight: 400;"> to reconsider a possible contract extension next year.</span></p>
<p><span style="font-weight: 400;">The backlash also cuts across the immigration debate. While concerns about federal immigration enforcement have helped draw attention to the cameras, critics argue the same surveillance infrastructure can be used against anyone, regardless of which party controls the government.</span></p>
<p><span style="font-weight: 400;">"This is a nonpartisan issue because people recognize that surveillance can be weaponized against anyone the government wants to weaponize it against," Eastwood said. "An increase in police surveillance impacts certain populations more, right now [but] nobody is immune."</span></p>
<h2><b>Politicians Face Pressure To Cut Ties With Flock</b></h2>
<p><span style="font-weight: 400;">The opposition is beginning to force Iowa's candidates to take positions on a technology that, until recently, attracted relatively little attention outside law enforcement and civil liberties circles.</span></p>
<p><span style="font-weight: 400;">Among the gubernatorial candidates, </span><a href="https://www.radioiowa.com/2026/09/07/both-candidates-for-governor-would-sign-iowa-regs-for-automated-license-plate-readers/"><span style="font-weight: 400;">interviewed</span></a><span style="font-weight: 400;"> by Iowa Radio last month, Republican Zach Lahn has called for state-level regulation, arguing that the widespread collection of information about where people drive is unacceptable. Meanwhile, Democrat Rob Sand has expressed support for safeguards governing the collection and use of license plate data and said he would sign legislation if privacy concerns persisted. But he has also pointed to the cancellation of some Flock contracts as evidence that the market is responding to public concerns. </span></p>
<p><span style="font-weight: 400;">For now, neither approach offers much clarity on whether police should be required to obtain warrants before searching motorists' location histories or how far restrictions on data collection should go.</span></p>
<p><span style="font-weight: 400;">Ryan Johnson, a libertarian-leaning Republican who works as a machinist near Waterloo, said he could accept cameras in certain locations, such as downtown areas or near traffic signals. But he objects to their spread into residential neighborhoods and public spaces.</span></p>
<p><span style="font-weight: 400;">"Just having Flock cameras everywhere, [in] residential [areas], putting them at parks and pools, we don't need that," Johnson said while attending a Lahn rally earlier this month.</span></p>
<p><span style="font-weight: 400;">So far, some of the most concrete changes to ALPR practices have come from Flock itself. In August, the company </span><a href="https://www.flocksafety.com/blog/flock-guardrails-address-lpr-privacy-concerns-and-police-transparency"><span style="font-weight: 400;">announced</span></a><span style="font-weight: 400;"> that it would reduce its default data-retention period from 30 days to seven and require officers to enter a criminal case number or code for each search. The changes would not, however, </span><a href="https://reason.com/2026/08/14/flock-safetys-new-privacy-rules-do-little-to-ease-concerns-over-alpr-surveillance/"><span style="font-weight: 400;">require police to obtain a warrant before accessing the records</span></a><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;">Gary and Nancy Guthrie, a Democratic couple attending a Des Moines rally supporting Chris Jones for secretary of agriculture, remain skeptical of the cameras.</span></p>
<p><span style="font-weight: 400;">"I don't have a good feel for that," Nancy Guthrie said. "Personally, I'm very much against Flock cameras."</span></p>
<p><span style="font-weight: 400;">For all the attention the issue is receiving on the campaign trail, Iowa voters have yet to hear much about what legal limits candidates would actually impose on police surveillance.</span></p>
<p>The post <a href="https://reason.com/2026/10/24/iowa-voters-dont-want-police-or-flock-tracking-their-cars-politicians-are-still-catching-up/">Iowa Voters Don&#039;t Want Police or Flock Tracking Their Cars. Politicians Are Still Catching Up.</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
							<media:credit><![CDATA[Adani Samat/AltrendoImages/Envato/ChatGPT]]></media:credit>
		<media:description type="html"><![CDATA[An image of cars driving down a highway, four lanes wide, with red boxes around the cars and yellow boxes around their license plates.]]></media:description>
		<media:title><![CDATA[Flock-Iowa-Illustration]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Today in Supreme Court History: October 24, 1894			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/10/24/today-in-supreme-court-history-october-24-1894-8/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8366127</id>
		<updated>2026-10-24T11:00:58Z</updated>
		<published>2026-10-24T11:00:58Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Today in Supreme Court History" />		<summary type="html"><![CDATA[10/24/1894: U.S. v. E.C. Knight argued.
The post Today in Supreme Court History: October 24, 1894 appeared first on Reason Magazine.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/10/24/today-in-supreme-court-history-october-24-1894-8/">
			<![CDATA[<p>10/24/1894: <a href="https://youtu.be/dWcqtSppXfM">U.S. v. E.C. Knight </a>argued.</p> <figure id="attachment_8026345" aria-describedby="caption-attachment-8026345" style="width: 420px" class="wp-caption aligncenter"><img decoding="async" class="wp-image-8026345" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2019/10/1895-US-EC-Knight-American-Sugar-300x193.jpg" alt="" width="420" height="270" srcset="https://reason.com/wp-content/uploads/2019/10/1895-US-EC-Knight-American-Sugar-300x193.jpg 300w, https://reason.com/wp-content/uploads/2019/10/1895-US-EC-Knight-American-Sugar.jpg 500w" sizes="(max-width: 420px) 100vw, 420px" /><figcaption id="caption-attachment-8026345" class="wp-caption-text">The American Sugar Refining Company</figcaption></figure><p>The post <a href="https://reason.com/volokh/2026/10/24/today-in-supreme-court-history-october-24-1894-8/">Today in Supreme Court History: October 24, 1894</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Open Thread			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/10/24/open-thread-367/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8407544</id>
		<updated>2026-10-24T07:00:00Z</updated>
		<published>2026-10-24T07:00:00Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[What’s on your mind?]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/10/24/open-thread-367/">
			<![CDATA[<p>The post <a href="https://reason.com/volokh/2026/10/24/open-thread-367/">Open Thread</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
]]>
		</content>
						</entry>
		<entry>
					<author>
			<name>Josh Pauzé</name>
							<uri>https://reason.com/people/josh-pauze/</uri>
					</author>
					<title type="html"><![CDATA[
				Trump Wants To Force Data Centers To 'Make Their Own Electricity.' Deregulation Would Work Better.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/23/trump-wants-to-force-data-centers-to-make-their-own-electricity-deregulation-would-work-better/" />
		<id>https://reason.com/?p=8407687</id>
		<updated>2026-10-23T21:30:03Z</updated>
		<published>2026-10-23T21:30:03Z</published>
			<category scheme="https://reason.com/latest/" term="Energy &amp; Environment" /><category scheme="https://reason.com/latest/" term="Policy" /><category scheme="https://reason.com/latest/" term="Data Centers" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Electricity" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[The president joins a long list of politicians who think the government knows best when it comes to data centers. ]]></summary>
					<content type="html" xml:base="https://reason.com/2026/10/23/trump-wants-to-force-data-centers-to-make-their-own-electricity-deregulation-would-work-better/">
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		</div>
		<p><span style="font-weight: 400">With</span> <a href="https://abcnews.com/Politics/americans-ai-bad-society-oppose-data-centers-abcpostipsos/story?id=137414085"><span style="font-weight: 400">public opposition toward data centers</span></a><span style="font-weight: 400"> growing and midterm elections on the horizon, politicians across the spectrum have introduced overreaching policies to stymie data center development and ease voters' minds. These politicians now include President Donald Trump, who has historically been a staunch supporter of the industry.</span></p>
<p><span style="font-weight: 400">"New and large, in some cases gigantic, Data Centers are mandated by me to make their own electricity, and give or sell any excess back to the local community, or grid," Trump </span><a href="https://truthsocial.com/@realDonaldTrump/posts/117477279556215047"><span style="font-weight: 400">declared</span></a> <span style="font-weight: 400">on Truth Social on Wednesday. "If companies want to make their Data Centers popular, pay the community, and/or individuals within the community, a 'dividend.' I have watched the process closely, and Data Centers that were highly unpopular in a certain area have become extremely popular when a financial deal is struck."</span></p>
<p><span style="font-weight: 400">While Trump has </span><a href="https://reason.com/2026/02/24/trump-says-tech-companies-should-build-their-own-power-plants-for-ai-data-centers/"><span style="font-weight: 400">suggested</span></a><span style="font-weight: 400"> that power plants pay for their own power before, ​these comments are in stark contrast to him</span> <a href="https://truthsocial.com/@realDonaldTrump/posts/117190477440173795"><span style="font-weight: 400">saying</span></a><span style="font-weight: 400"> less than a couple of months ago that "the only reason that communities throughout the U.S.A. should not want Data Centers is if they want to end up being backward and poor." Still, the president is not wrong that the strategy could boost data centers' popularity; </span><a href="https://poll.qu.edu/poll-release?releaseid=3955"><span style="font-weight: 400">polling</span></a><span style="font-weight: 400"> regularly shows that concerns over higher energy prices are one of the main reasons people oppose data centers in their communities.</span></p>
<p><span style="font-weight: 400">However, mandating that these power plants "make their own electricity" is the wrong way to accomplish this objective, in part because generation costs are not the leading factor in higher electricity prices—transmission infrastructure, such as wires and poles, is. And regulatory barriers, as well as a </span><a href="https://www.rstreet.org/commentary/loophole-allows-monopoly-utilities-to-charge-electric-customers-with-minimal-regulatory-oversight-consumers-want-ferc-to-fix-it/"><span style="font-weight: 400">lack of competition</span></a><span style="font-weight: 400"> in the building of this infrastructure, are mostly to blame. </span></p>
<p><span style="font-weight: 400">Regardless, if the goal is to have data center companies produce their own electricity, easing regulations would have more impact than imposing a mandate. As Travis Fisher, director of Energy and Environmental Policy Studies at the Cato Institute</span><i><span style="font-weight: 400">, </span></i><span style="font-weight: 400">tells </span><i><span style="font-weight: 400">Reason</span></i><span style="font-weight: 400">, "If a tech company buys electricity from the owner of a power plant, in most states the power plant owner then becomes a public utility (even if the transaction occurs off-grid), which brings heavy scrutiny in the form of economic regulation."</span></p>
<p><span style="font-weight: 400">To ease these regulatory barriers, Fisher and other experts have advocated for a Consumer Regulated Electricity model that allows large-load customers to connect directly to unregulated power producers off the grid. </span></p>
<p><span style="font-weight: 400">Fisher also notes that lower power costs don't automatically translate into lower utility rates. He tells </span><i><span style="font-weight: 400">Reason, </span></i><span style="font-weight: 400">"Even if a data center were to bring a matching or beating amount of supply relative to their demand, based on the way retail rates work, I am not convinced that that guarantees that prices will fall." </span></p>
<p><span style="font-weight: 400">On top of not solving the main driver of higher electricity prices, the mandate isn't needed because many data centers have already begun to produce their own power. A </span><a href="https://newsletter.cleanview.co/p/data-center-developers-have-announced?utm_source=post-email-title&amp;publication_id=2793901&amp;post_id=221511395&amp;utm_campaign=email-post-title&amp;isFreemail=true&amp;token=eyJ1c2VyX2lkIjoxNDIxNTgwODYsInBvc3RfaWQiOjIyMTUxMTM5NSwiaWF0IjoxNzkyNjA3MTQxLCJleHAiOjE3OTUxOTkxNDEsImlzcyI6InB1Yi0yNzkzOTAxIiwic3ViIjoicG9zdC1yZWFjdGlvbiJ9.2Q5SdI0AvtiATaWgbluxjsdoTppdEk5f8eez40VDgwE&amp;r=2cmxvq&amp;triedRedirect=true&amp;utm_medium=email"><span style="font-weight: 400">report</span></a><span style="font-weight: 400"> from energy research firm Cleanview</span> <span style="font-weight: 400">shows that operating power capacity dedicated to data centers has nearly doubled since June, while capacity under construction has roughly quadrupled. Additionally, companies including </span><a href="https://thehill.com/policy/technology/5734292-anthropic-says-it-will-cover-electricity-price-hikes-caused-by-its-data-centers/"><span style="font-weight: 400">Anthropic</span></a><span style="font-weight: 400"> and </span><a href="https://www.eenews.net/articles/microsoft-vows-to-shield-utility-customers-from-data-center-costs/"><span style="font-weight: 400">Microsoft</span></a><span style="font-weight: 400"> are already volunteering to cover consumers' electricity costs.</span></p>
<p><span style="font-weight: 400">By calling on power producers to make their own electricity, Trump joins the </span><a href="https://reason.com/2025/12/17/bernie-sanders-wants-to-pause-new-data-centers-to-stop-the-economy-from-growing-too-much/"><span style="font-weight: 400">growing chorus of politicians</span></a><span style="font-weight: 400"> who are convinced that the government, not the market, is best equipped to dictate how data centers grow and operate. And, in typical Trump fashion, a "mandate" on social media without any legal action behind it has left the public and investors to guess what, if anything, is actually coming. </span></p>
<p><span style="font-weight: 400">Building power plants requires long-term planning and investments meant to last decades, making Trump's tendency to impose abrupt policy changes less than ideal. </span><span style="font-weight: 400">"The fact that the rules change, not just every four years, but occasionally overnight via tweet," says Fisher, does not make for "a great investment environment." </span></p>
<p>The post <a href="https://reason.com/2026/10/23/trump-wants-to-force-data-centers-to-make-their-own-electricity-deregulation-would-work-better/">Trump Wants To Force Data Centers To &#039;Make Their Own Electricity.&#039; Deregulation Would Work Better.</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Ron Sachs-CNP/CNP / Polaris/Newscom/Donald J. Trump/Truth Social]]></media:credit>
		<media:title><![CDATA[trump-data-centers-v2]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/10/trump-data-centers-v2-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Meagan O'Rourke</name>
							<uri>https://reason.com/people/meagan-orourke/</uri>
						<email>meagan.orourke@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				The U.K.'s Online Safety Act Has Been a Failure. Regulators Want To Broaden It Anyway.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/23/the-u-k-s-online-safety-act-has-been-a-failure-regulators-want-to-broaden-it-anyway/" />
		<id>https://reason.com/?p=8407673</id>
		<updated>2026-10-23T21:05:55Z</updated>
		<published>2026-10-23T21:05:55Z</published>
			<category scheme="https://reason.com/latest/" term="Censorship" /><category scheme="https://reason.com/latest/" term="Nanny State" /><category scheme="https://reason.com/latest/" term="Social Media" /><category scheme="https://reason.com/latest/" term="Child Care" /><category scheme="https://reason.com/latest/" term="Europe" /><category scheme="https://reason.com/latest/" term="Internet" /><category scheme="https://reason.com/latest/" term="Media" /><category scheme="https://reason.com/latest/" term="Parenting" /><category scheme="https://reason.com/latest/" term="Regulation" /><category scheme="https://reason.com/latest/" term="United Kingdom" />		<summary type="html"><![CDATA[A new report reveals more shortcomings of the U.K.’s Online Safety Act.  ]]></summary>
					<content type="html" xml:base="https://reason.com/2026/10/23/the-u-k-s-online-safety-act-has-been-a-failure-regulators-want-to-broaden-it-anyway/">
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		<p><span style="font-weight: 400;">Who could have predicted that age-gating large sections of the internet in a crusade to shield children's eyeballs from vaguely defined "harmful content" would have disastrous consequences and wouldn't ultimately protect kids? Apparently, the United Kingdom's online regulator, Ofcom, couldn't. </span></p>
<p><span style="font-weight: 400;">On Thursday, Ofcom released a </span><a href="https://www.ofcom.org.uk/siteassets/resources/documents/online-safety/protecting-children/content-harmful-to-children/report-on-content-harmful-to-children.pdf?v=426852"><span style="font-weight: 400;">report</span></a><span style="font-weight: 400;"> assessing whether the government should make changes to the content categories of the </span><a href="https://www.legislation.gov.uk/ukpga/2023/50/contents"><span style="font-weight: 400;">2023 Online Safety Act</span></a><span style="font-weight: 400;">, a </span><a href="https://www.gov.uk/government/publications/online-safety-act-explainer/online-safety-act-explainer"><span style="font-weight: 400;">set of laws</span></a><span style="font-weight: 400;"> which require companies operating in the U.K. to prevent children from "accessing harmful and age-inappropriate content and provide parents and children with clear and accessible ways to report problems online when they do arise." The act's "child safety regime" (</span><a href="https://www.gov.uk/government/publications/online-safety-act-explainer/online-safety-act-explainer"><span style="font-weight: 400;">Ofcom's words</span></a><span style="font-weight: 400;">) went fully into effect in 2025, when porn websites in the country began checking IDs. Unfortunately, as </span><i><span style="font-weight: 400;">Reason'</span></i><span style="font-weight: 400;">s Elizabeth Nolan Brown has </span><a href="https://reason.com/2025/07/28/the-age-gated-internet-is-here/"><span style="font-weight: 400;">pointed out,</span></a><span style="font-weight: 400;"> the age-verification rule has impacted far more than adult websites. Already, the Online Safety Act has age-gated a </span><a href="https://reason.com/2025/08/06/10-examples-of-absurd-fallout-from-the-u-k-s-online-safety-act/"><span style="font-weight: 400;">wide range of content</span></a><span style="font-weight: 400;">, including war news, the "NoFap" subreddit, and a historic art image, creating a mass chilling effect online. </span></p>
<p><span style="font-weight: 400;">Ofcom's </span><a href="https://www.ofcom.org.uk/siteassets/resources/documents/online-safety/protecting-children/content-harmful-to-children/report-on-content-harmful-to-children.pdf?v=426852"><span style="font-weight: 400;">report</span></a><span style="font-weight: 400;">, however, says little about these age-gating concerns for adults, and its own findings highlight the act's underwhelming results. In the report, Ofcom notes that "Most children in the UK say they have encountered at least one piece of harmful content online in a four-week period." It adds that "at a total level there was no significant change in the proportion of children encountering harmful content over the first nine months after the children's safety duties came into force in July 2025." So, it appears the act is requiring adults to fork over their IDs to access a wide range of content, some of which is innocuous, while playing a never-ending and unsuccessful game of whack-a-mole trying to eliminate "harmful" online content from kids' feeds. </span></p>
<p><span style="font-weight: 400;">Instead of suggesting to repeal the Online Safety Act because it does not seem to be working or because it imperils online freedom, Ofcom's report proposes to broaden the law's scope. The regulator recommends adding "body stigma content and depression content, currently identified by Ofcom as kinds of non-designated content, to the category of priority content that is harmful to children." Priority content is defined as "content that services must protect/minimise the risk of children in age groups judged to be at risk of harm from encountering." In other words, online platforms could have more reasons to potentially age-gate, block, or avoid publishing out of fear of violating the law. </span></p>
<p><span style="font-weight: 400;">The report does not address the U.K. government's plans to </span><a href="https://reason.com/2026/07/16/the-u-k-wants-a-social-media-curfew-for-16-and-17-year-olds/"><span style="font-weight: 400;">ban children</span></a><span style="font-weight: 400;"> under the age of 16 from accessing social media, and Ofcom says it will soon publish an assessment of "what highly effective age assurance looks like" for determining whether someone is 16 or older. But if the social media ban unfolds anything like it did in </span><a href="https://reason.com/2026/04/17/most-young-australians-successfully-evade-the-countrys-social-media-ban/"><span style="font-weight: 400;">Australia</span></a><span style="font-weight: 400;">, where kids are easily circumventing it, it is likely to flop, just as the Online Safety Act has. </span></p>
<p>The post <a href="https://reason.com/2026/10/23/the-u-k-s-online-safety-act-has-been-a-failure-regulators-want-to-broaden-it-anyway/">The U.K.&#039;s Online Safety Act Has Been a Failure. Regulators Want To Broaden It Anyway.</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
							<media:credit><![CDATA[Vinnstock/Dreamstime]]></media:credit>
		<media:description type="html"><![CDATA[A child using a tablet]]></media:description>
		<media:title><![CDATA[dreamstime_110834210]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Jacob Sullum</name>
							<uri>https://reason.com/people/jacob-sullum/</uri>
						<email>jsullum@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				How Helping Someone Buy Drugs Can Send You to Prison for 20 Years			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/23/how-helping-someone-buy-drugs-can-send-you-to-prison-for-20-years/" />
		<id>https://reason.com/?p=8407590</id>
		<updated>2026-10-23T23:50:07Z</updated>
		<published>2026-10-23T20:50:01Z</published>
			<category scheme="https://reason.com/latest/" term="Criminal Justice" /><category scheme="https://reason.com/latest/" term="Drug Policy" /><category scheme="https://reason.com/latest/" term="Drugs" /><category scheme="https://reason.com/latest/" term="Fentanyl" /><category scheme="https://reason.com/latest/" term="Sentencing" /><category scheme="https://reason.com/latest/" term="War on Drugs" /><category scheme="https://reason.com/latest/" term="DEA" /><category scheme="https://reason.com/latest/" term="Mandatory Minimums" /><category scheme="https://reason.com/latest/" term="Prosecutors" /><category scheme="https://reason.com/latest/" term="Punishment" />		<summary type="html"><![CDATA[State and federal prosecutors responded to fentanyl overdoses by treating accidents as homicides.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/10/23/how-helping-someone-buy-drugs-can-send-you-to-prison-for-20-years/">
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										alt="Scott Hancock | Joshua Greene/hancockonaddiction.org"
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		<p>Eight years ago, Scott Hancock, then 28, <a href="https://www.hancockonaddiction.org/scotts-story/">helped</a> a 19-year-old acquaintance, identified in court records as T.G., buy fentanyl. At her request, Hancock, who had been addicted to opioids for years, got in touch with his drug dealer, who gave him five capsules that he handed over to T.G. in exchange for $20. Then Hancock gave the money to his dealer. Because T.G. subsequently died from a fentanyl overdose, Hancock is serving a 20-year sentence at a federal prison in Illinois.</p>
<p>That was the mandatory minimum sentence under <a href="https://www.law.cornell.edu/uscode/text/21/841">21 USC 241</a>, which prescribes penalties for drug distribution resulting in death. Although that law has been on the books since 1986, the dramatic increase in fentanyl-related deaths during the last decade prompted a surge in federal drug prosecutions involving overdoses, which <a href="https://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-publications/2025/2025_Overdose.pdf">rose</a> by 44 percent between FY 2019 and FY 2023. Hancock's case was part of that trend, and it prompted his mother, G.D. Hancock, a retired finance professor, to <a href="https://www.hancockonaddiction.org/">delve</a> into the <a href="https://app.slack.com/client/T02DARX5V/C5FNPGNKT">subject</a>, resulting in a <a href="https://www.hancockonaddiction.org/research/cases/">database</a> that sheds light on what happens when the government <a href="https://reason.com/2018/05/30/an-overdose-is-not-a-murder/">treats</a> accidental deaths as homicides.</p>
<p>So far, Hancock has identified 2,930 sentences in such cases since 2010. That includes 1,399 federal cases and 1,531 state cases, which rely either on laws dealing specifically with drug-induced deaths or on more general statutes addressing felony murder, "depraved heart" homicide, or manslaughter.</p>
<p>Sentences of 20 years or more were pretty common at the federal level, accounting for 37 percent of the cases, compared to 13 percent at the state level. The vast majority of the cases (84 percent) were resolved by plea deals. That is not surprising, given the potential consequences of going to trial. While the median sentence for defendants who pleaded guilty was nine years, it was 20 years for defendants who insisted on making the government prove its case.</p>
<p>Hancock's tally is based on news reports, court records, announcements by state and federal prosecutors, her own "case files and research," and "cases sent in by families, lawyers and researchers." A separate <a href="https://www.healthinjustice.org/drug-induced-homicide">database</a> compiled by researchers at Northeastern University, drawn from news reports, includes 3,264 cases involving drug-induced homicide from 2011 to 2022.</p>
<p>These prosecutions are <a href="https://www.hancockonaddiction.org/papers/illusion-of-victimhood.pdf">morally nonsensical</a>. They treat people who voluntarily consume drugs as helpless victims of supposed predators who gave them the drugs they wanted. By similar logic, bartenders and liquor store owners should be held criminally liable whenever a customer succumbs to alcohol poisoning or the long-term effects of heavy drinking. The main difference is the legal status of the drug, which is arbitrary, politically determined, and historically contingent. And while illegal drugs pose special hazards, that is a result of prohibition, which creates a black market where product composition is highly variable and unpredictable.</p>
<p>Charging people with homicide based on accidental overdoses would be illogical and unjust even if the defendants were limited to actual drug dealers. But you can be <a href="https://reason.com/2017/11/07/treating-drug-overdoses-like-murder-is-d/">charged</a> with drug-induced homicide even if your "trafficking" consisted of nothing more than sharing drugs with a relative, romantic partner, friend, or acquaintance. Based on the information Hancock was able to glean, she counts 241 cases where the person who died from an overdose was the defendant's friend, partner, or family member, and other sources suggest such prosecutions are common.</p>
<p>The Northeastern University researchers analyzed a sample of 213 online news reports from 2000 to 2017. They <a href="https://www.healthinjustice.org/drug-induced-homicide">found</a> that 50 percent of defendants charged with drug-induced homicide were caretakers, family members, friends, or partners of the people who died.</p>
<p>In 2021, when the <em>Pittsburgh Tribune-Review</em> <a href="https://reason.com/2021/06/28/charging-bit-players-with-drug-induced-homicide-is-unjust-and-potentially-deadly/">examined</a> Pennsylvania prosecutions for "drug delivery resulting in death" (DDRD), it described a case involving "a Westmoreland County man" who "died from an overdose of drugs he'd gotten from a friend of a friend of a friend." Although "the drugs ultimately came from a man called 'Bee' in Penn Hills," the paper noted, "the three individuals between the victim and Bee were all charged" with DDRD, a first-degree felony punishable by up to 40 years in prison.</p>
<p>The <em>Tribune-Review</em> described several other DDRD defendants, including "a Delmont woman" who "called paramedics when she found her boyfriend unresponsive in their bathroom"; "two friends" who bought heroin for a man who overdosed at a Taco Bell; and "a Monessen woman" who "sent her cousin to buy a brick of heroin" and "sold five stamp bags to a friend, who then sold four bags to an Elizabeth Borough man who died from a fatal overdose."</p>
<p>The <em>Tribune-Review</em> also found that "many facing these charges are relatively low-level dealers." Jonathan Fodi, a defense attorney and former prosecutor, told the paper he and his colleagues had never seen a DDRD case involving a high-level dealer. Given the need to prove a link between the defendant and the person who died, that is not surprising. But that situation compounds the injustice of treating such deaths as homicides, since low-level dealers often do not know exactly what is in the drugs they are selling.</p>
<p>A <a href="https://www.law.com/article/almID/900005371745/" data-mrf-link="https://www.law.com/njlawjournal/almID/900005371745/Making-Friends-Into-Felons/">2002 analysis</a> of 32 drug-induced homicide prosecutions, published in the <em>New Jersey Law Journal</em>, found that "25 involved prosecution of friends of the decedent who did not sell drugs in any significant manner." According to a <a href="http://fox6now.com/2017/02/09/high-level-drug-dealers-are-rarely-charged-with-drug-related-homicides-as-wisconsin-death-toll-reaches-10000/" data-mrf-link="http://fox6now.com/2017/02/09/high-level-drug-dealers-are-rarely-charged-with-drug-related-homicides-as-wisconsin-death-toll-reaches-10000/">2017 report</a> by a Wisconsin TV station that looked at the 100 most recent prosecutions for drug-induced homicide in that state, "nearly 90% of those charged were friends or relatives of the person who died, or the lowest people in the drug supply chain." When the <em>Chicago Tribune</em> <a href="http://www.chicagotribune.com/suburbs/aurora-beacon-news/crime/ct-abn-drug-induced-homicide-st-1213-20161216-story.html" data-mrf-link="http://www.chicagotribune.com/suburbs/aurora-beacon-news/crime/ct-abn-drug-induced-homicide-st-1213-20161216-story.html">examined</a> drug-induced homicide cases filed between 2011 and 2014, it found "the defendant was typically the last person who was with the person who overdosed."</p>
<p>Even people who support the war on drugs should be able to recognize the injustice of sending people to prison for 10 or 20 years based on their tangential roles in deaths they neither caused nor intended. And far from making such deaths less likely, that policy <a href="https://reason.com/2017/11/07/treating-drug-overdoses-like-murder-is-d/">impedes</a> potentially lifesaving medical assistance because the risk of a homicide charge is apt to discourage bystanders from calling for help. That daunting deterrent undermines the goal of "Good Samaritan" laws that are supposed to shield 911 callers from criminal charges in such situations.</p>
<p>The official justification for these prosecutions is completely disconnected from the reality of the cases. "Deaths from illicit drugs, especially fentanyl, are at historic highs," the Drug Enforcement Administration (DEA) <a href="https://www.dea.gov/stories/2023/2023-02/2023-02-08/overdose-death-investigations-challenge-dea-agents-bring-justice">said</a> in a 2023 press release. Because the DEA is "committed to protecting Americans and saving lives by pursuing those responsible," the agency explained, it aims to "make sure as many drug traffickers involved in those deaths as possible get an appearance in front of a judge."</p>
<p>As an example of that strategy, the DEA cited Scott Hancock's case, describing him as a "trafficker" who was "found guilty of providing the drugs that killed a 19-year-old woman in 2018." Given the details of that transaction, it is hard to see the logic here. Sending someone like Hancock to prison for 20 years has nothing to do with "saving lives."</p>
<p>The post <a href="https://reason.com/2026/10/23/how-helping-someone-buy-drugs-can-send-you-to-prison-for-20-years/">How Helping Someone Buy Drugs Can Send You to Prison for 20 Years</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		<media:description type="html"><![CDATA[Scott Hancock]]></media:description>
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		<media:text><![CDATA[Scott Hancock]]></media:text>
		<media:title><![CDATA[Scott-Hancock]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Why Would Trump Make A Deal With A Judge Who Ruled Illegal Aliens Have A Right To "Locomotion" In The United States?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/10/23/why-would-trump-make-a-deal-with-a-judge-who-ruled-illegal-aliens-have-a-right-to-locomotion-in-the-united-states/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8407668</id>
		<updated>2026-10-23T20:42:22Z</updated>
		<published>2026-10-23T20:42:22Z</published>
					<summary type="html"><![CDATA[And does Todd Butler agree with Judge Southwick that denying a bond hearing to illegal aliens is an affront to freedom “at its most basic”?]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/10/23/why-would-trump-make-a-deal-with-a-judge-who-ruled-illegal-aliens-have-a-right-to-locomotion-in-the-united-states/">
			<![CDATA[<p>Today the en banc Fifth Circuit <a href="https://www.ca5.uscourts.gov/opinions/pub/26/26-50183-CV1.pdf">ruled</a> that illegal aliens do not have a constitutional right to a bond hearing pending deportation. The vote was ostensibly 10-7, although the vote is better characterized as to 9-8. Judge Richman only concurred in judgment. As I've said many times before, the en banc Fifth Circuit is effectively split on a razors-edge.</p>
<p>Guess which judge wrote the lead dissent finding that illegal aliens have the right to roam freely "to whatsoever place" their "own inclination may direct; without imprisonment or restraint"? I'll give you a hint: it's the same judge that President Trump made a deal with to pick his own replacement.</p>
<p>Let's start with Judge Ho's concurrence:</p>
<blockquote><p>A nation ceases to be a nation if it can't protect its borders. Congress has chosen to police our borders by detaining illegal aliens found in our country pending their removal proceedings. See 8 U.S.C. § 1225(b)(2)(A).</p>
<p>According to our dissenting colleagues, however, illegal aliens have not only a de facto constitutional right to remain in our country unlawfully, but an incentive to make this their home. That's because, to quote the principal dissent, once an alien has "acquired a domicil or residence" in America, it no longer matters that they are breaking the law to be here—their detention becomes an offense to "'liberty' . . . at its core," and an affront to freedom "at its most basic," namely, "freedom from physical restraint." Post, at 101, 102, 115 (Southwick, J., dissenting). So they must have "the power of locomotion" and the right to roam freely "to whatsoever place one's own inclination may direct." Id. at 102, 103 (quoting 1 William Blackstone, Commentaries on the Laws of England 130 (1769)).</p></blockquote>
<p>Judge Southwick's dissent was joined by Judges Stewart, Graves, Higginson, Douglas, and Ramirez--all of the Democrat-appointed judges on the court. Judge Richman concurred in the judgment. Judge Haynes did not join the dissent. She did a bit more than her usual practice on the en banc court of saying nothing--a topic for a future post--and actually wrote a full paragraph.</p>
<p>Why would the Trump Administration actually trust Judge Southwick to pick a replacement who would even be marginally conservative?</p>
<p>Does Todd Butler agree with Judge Southwick that denying a bond hearing to illegal aliens is an affront to freedom "at its most basic"? Does Butler agree with Judge Southwick that illegal aliens have the right to roam freely "to whatsoever place" their "own inclination may direct; without imprisonment or restraint"? Would Butler compare, as Judge Oldham noted, "modern-day immigration detention to the Tower of London, where English monarchs would 'secretly hurry[a man] to gaol, where his sufferings are unknown and forgotten,' and where clandestine detention was worse than 'open despotism.'"</p>
<p>Would Butler possibly agree with this passage from Judge Ho:</p>
<blockquote>
<p class="p1">Americans like to boast that we live in a country where no one is above the law, not even the President. But if that is so, then there's no denying that these habeas petitions, far from affirming American liberty, are profoundly un-American—because they send the message that the only people who are above the law in our country are the ones who violated our laws to get in.</p>
</blockquote>
<p>Consider a world where Judge Butler was on the court. Imagine that Senior Judge Southwick was on the original three-judge panel (he was in fact on the three-judge panel). Remember, Judge Richman only concurred in judgment, as she disagreed with the majority's habeas ruling. With this divide, the whole court would have split 9-9 on the constitutional question. And that is the cost of allowing Judge Southwick to stay on the court and giving Judge Butler another vote. As I noted <a href="https://reason.com/volokh/2026/10/02/how-would-a-judge-butler-actually-affect-the-fifth-circuit/">before</a>, "I would prefer Judge Southwick to have one vote rather than two votes."</p>
<p>For people who actually care about the en banc Fifth Circuit, and not just maximizing the number of total Trump circuit court appointments, the Butler nomination is an unforced error. Let Judge Southwick keep <a href="https://reason.com/volokh/2026/10/05/ask-jeeves/">extolling the constitutional rights of illegal aliens</a> from his chambers in Austin. He's choosing Texas, I can tell. At some point, adverse possession kicks in, right?</p>
<p>And for those keeping track at home, Mississippi has three circuit judges for about three million people and Texas has nine circuit judges for more than thirty million people. The math just doesn't math. Hillary Clinton <a href="https://www.yahoo.com/news/politics/articles/hillary-clinton-joins-growing-chorus-135820273.html?guccounter=1&amp;guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&amp;guce_referrer_sig=AQAAAFxgAdBMaKDz0LrJhZQJR6uWlX7CBe8GWZnEZwzlZ4NXKFC196598Dd99_plny_I5ID_22CO9lzqs28YVI5rhc7d72k-R5emioUPIqxxFyIE1h2h2xzvnQZwGRbflMIbpKB3bOfHyX8rfRCrrb948e3oTbZoJ3wE6nWF1ZfjuDGT">said</a> the Supreme Court should be expanded to thirteen so that there could be one Supreme Court Justice for each circuit. (Because of course the Federal Circuit needs its own circuit justice.) If that's the case, then make Texas its own circuit to justify yet another Supreme Court justice. That math does math!</p>
<p><iframe loading="lazy" title="Ella Langley - Choosin&amp;apos; Texas (Official Video)" width="500" height="281" src="https://www.youtube.com/embed/nUsrYVxrDwI?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<p>The post <a href="https://reason.com/volokh/2026/10/23/why-would-trump-make-a-deal-with-a-judge-who-ruled-illegal-aliens-have-a-right-to-locomotion-in-the-united-states/">Why Would Trump Make A Deal With A Judge Who Ruled Illegal Aliens Have A Right To &quot;Locomotion&quot; In The United States?</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Christian Britschgi</name>
							<uri>https://reason.com/people/christian-britschgi/</uri>
						<email>christian.britschgi@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Under Proposed Treasury Rule, Corporate Homebuyers Who Don't Track Their Receipts Face $1 Million Fines			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/23/under-proposed-treasury-rule-corporate-homebuyers-who-dont-track-their-receipts-face-1-million-fines/" />
		<id>https://reason.com/?p=8407646</id>
		<updated>2026-10-23T19:50:09Z</updated>
		<published>2026-10-23T19:50:09Z</published>
			<category scheme="https://reason.com/latest/" term="Affordable Housing" /><category scheme="https://reason.com/latest/" term="Bureaucracy" /><category scheme="https://reason.com/latest/" term="Housing Policy" /><category scheme="https://reason.com/latest/" term="Federal government" /><category scheme="https://reason.com/latest/" term="Legislation" /><category scheme="https://reason.com/latest/" term="Regulation" /><category scheme="https://reason.com/latest/" term="Zoning" />		<summary type="html"><![CDATA[The proposed regulations implement the restrictions on large investor purchases of single-family homes passed by Congress this year.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/10/23/under-proposed-treasury-rule-corporate-homebuyers-who-dont-track-their-receipts-face-1-million-fines/">
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		<p><span style="font-weight: 400;">When the 21st Century ROAD to Housing Act was still a work in progress, the Senate briefly </span><a href="https://reason.com/2026/03/10/congress-housing-bill-goes-from-small-supply-booster-to-housing-killer/"><span style="font-weight: 400;">inserted a ban</span></a><span style="font-weight: 400;"> on corporate ownership of single-family rental housing so sweeping that it might well have killed off the small but growing build-to-rent sector. </span></p>
<p><span style="font-weight: 400;">After furious activism by the housing supply boosters, who had been the main advocates for the law's many other provisions, that investor ban was significantly pared back. </span></p>
<p><span style="font-weight: 400;">The final version of ROAD, which </span><a href="https://reason.com/2026/07/14/taking-the-w/"><span style="font-weight: 400;">became law in July</span></a><span style="font-weight: 400;">, prohibits investors who own 350 single-family rental homes from buying new ones. But it also includes a long list of exemptions for large investor purchases of single-family rentals.</span></p>
<p><span style="font-weight: 400;">The primary exemptions include homes purchased as part of a build-to-rent project and dilapidated homes that the investor spends significant money renovating. </span></p>
<p><span style="font-weight: 400;">The new restrictions go into effect this coming January. On Thursday, the Treasury Department released a </span><a href="https://home.treasury.gov/news/press-releases/sb0665/"><span style="font-weight: 400;">proposed rule</span></a><span style="font-weight: 400;"> that would create definitions for terms that go undefined in the law and clarify the scope of "excepted purchases" of single-family housing that large investors can still make. </span></p>
<p><span style="font-weight: 400;">Build-to-rent housing that large investors </span><a href="https://public-inspection.federalregister.gov/2026-21675.pdf"><span style="font-weight: 400;">can still buy</span></a><span style="font-weight: 400;"> is defined as a new single-family home that's never been owned by an owner-occupier, is purchased within 18 months of the home receiving a certificate of occupancy, and is occupied by a renter. </span></p>
<p><span style="font-weight: 400;">Protected "renovate-to-rent" homes are defined as homes that had major building code violations that were fixed by the large institutional buyer and for which the investor spent at least 15 percent of the home's purchase price on improvements. </span></p>
<p><span style="font-weight: 400;">The rule also provides definitions for rental homes owned as part of a program to boost homeownership, which is another excepted purchase large institutional investors will be allowed to make. </span><span style="font-weight: 400;">Those programs are generally defined as programs in which the renter has the right of first refusal to buy the home and where the rent receives financial support from the homeowner to purchase the home. </span></p>
<p><span style="font-weight: 400;">Taken together, the clarified exceptions in the Treasury rule still leave a lot of room for large institutional ownership of single-family homes in keeping with the final text of the ROAD to Housing Act. </span><span style="font-weight: 400;">They won't have to sell the homes they already own. They can still add to the supply of investor-owned rental housing through substantial rehabs and build-to-rent projects. </span></p>
<p><span style="font-weight: 400;">Nevertheless, the Treasury rules will impose numerous paperwork burdens on investors who'll now have to track and report, for example, precisely how much money they've spent renovating a purchased rental house or else risk a huge fine. </span></p>
<p><span style="font-weight: 400;">Large investors who purchase a single-family home in violation of ROAD are liable for a maximum civil penalty of $1 million per home purchase. </span></p>
<p><span style="font-weight: 400;">The proposed Treasury rule highlights what a glaring exception the investor restrictions are to the overall spirit of ROAD. </span><span style="font-weight: 400;">Through a variety of means, the law attempts to reduce the regulatory burden on new housing. Now, large investors will have to absorb significant compliance costs just to prove that they're adding new rental housing supply in precisely the right way. </span></p>
<p>The post <a href="https://reason.com/2026/10/23/under-proposed-treasury-rule-corporate-homebuyers-who-dont-track-their-receipts-face-1-million-fines/">Under Proposed Treasury Rule, Corporate Homebuyers Who Don&#039;t Track Their Receipts Face $1 Million Fines</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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							<media:credit><![CDATA[Feverpitched/Vivian Seefeld/Flas100/Dreamstime/Fatima Ruiz]]></media:credit>
		<media:description type="html"><![CDATA[A single-family home]]></media:description>
		<media:title><![CDATA[HomeBuyRest]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Sam Raus</name>
							<uri>https://reason.com/people/sam-raus/</uri>
					</author>
					<title type="html"><![CDATA[
				Even Under Mamdani, New York City's Ballot Questions Might Cut Red Tape and Public Review Hearings			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/23/even-under-mamdani-new-york-citys-ballot-questions-might-cut-red-tape-and-public-review-hearings/" />
		<id>https://reason.com/?p=8407647</id>
		<updated>2026-10-23T21:24:49Z</updated>
		<published>2026-10-23T19:35:11Z</published>
			<category scheme="https://reason.com/latest/" term="Bureaucracy" /><category scheme="https://reason.com/latest/" term="Campaigns/Elections" /><category scheme="https://reason.com/latest/" term="Deregulation" /><category scheme="https://reason.com/latest/" term="Local Government" /><category scheme="https://reason.com/latest/" term="New York" /><category scheme="https://reason.com/latest/" term="New York City" /><category scheme="https://reason.com/latest/" term="Regulation" /><category scheme="https://reason.com/latest/" term="Voting" /><category scheme="https://reason.com/latest/" term="Zohran Mamdani" />		<summary type="html"><![CDATA[Mamdani’s Commission on Government Efficiency put forward ballot proposals to cut red tape.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/10/23/even-under-mamdani-new-york-citys-ballot-questions-might-cut-red-tape-and-public-review-hearings/">
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										alt="A photo of Zohran Mamdani wearing a suit, in front of a orange square, with a different photo of a protest happening behind him. | Admedia, Inc/Porter/AdMedia/Sipa USA/Gina M Randazzo/ZUMAPRESS/Newscom"
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		<p><span style="font-weight: 400;">New Yorkers won't be voting on any citywide offices this year, but they do have five ballot initiatives that could shape the city's future more than any politician on this year's ballot. Mayor Zohran Mamdani created a version of the Trump administration's infamous Department of Government Efficiency in New York called the Commission on Government Efficiency (COGE). The plan is for COGE to modernize city operations and accelerate public infrastructure and permitting—in that vein, COGE </span><a href="https://www.nyc.gov/mayors-office/news/2026/07/coge-releases-5-ballot-proposals-and-final-report-to-make-govern"><span style="font-weight: 400;">placed</span></a><span style="font-weight: 400;"> five proposals before voters on the November ballot, largely targeting the bureaucratic processes governing new construction and business activity across the five boroughs.</span></p>
<p><span style="font-weight: 400;">Questions 1, 2, and 3 on the ballot would end or reduce the use of public hearings in different city review processes. Question 1 would, according to the ballot language, "simplify [the] process to use public space for uses such as ramps, planters and cafes, by removing mandatory hearings and Council disapproval of sidewalk cafes, while maintaining community and Council input." Question 2 would "reduce paperwork for City contractors by authorizing [the] Procurement Policy Board to simplify [the] contractor questionnaire&hellip;.[And] remove mandatory hearing for required client services report." Question 3 would "simplify review of street safety projects to reduce construction timelines," among other changes. Question 4 is about simplifying permitting.</span></p>
<p><span style="font-weight: 400;">These policies were not directly introduced by Mamdani, but they reflect a governing philosophy that New York City and other big cities desperately need: a local government that won't allow a small group of organized opponents to obstruct progress for the city at large indefinitely.</span></p>
<p><span style="font-weight: 400;">Nowhere is the bottleneck against much-needed development clearer than at public review hearings. In theory, a public hearing is democracy at its purest: Every voice is heard. But in practice, it usually becomes a slow-motion filibuster. The most persistent and best-organized opponents get a megaphone, with little to no input from the millions of New Yorkers who would broadly benefit from more housing, better infrastructure, and businesses that can open without getting wrapped in red tape.</span></p>
<p><span style="font-weight: 400;">The 2026 ballot questions, if approved, would take small steps toward addressing these problems. If they all passed, it wouldn't be a seismic change—a planter here or a parcel of land there. But that's kind of the point: Should routine administrative decisions require another round of formal public review hearings to hold up any change, big or small?</span></p>
<p>The post <a href="https://reason.com/2026/10/23/even-under-mamdani-new-york-citys-ballot-questions-might-cut-red-tape-and-public-review-hearings/">Even Under Mamdani, New York City&#039;s Ballot Questions Might Cut Red Tape and Public Review Hearings</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
							<media:credit><![CDATA[Admedia, Inc/Porter/AdMedia/Sipa USA/Gina M Randazzo/ZUMAPRESS/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[A photo of Zohran Mamdani wearing a suit, in front of a orange square, with a different photo of a protest happening behind him.]]></media:description>
		<media:title><![CDATA[Mamdani1]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>John Ross</name>
							<uri>https://reason.com/people/john-k-ross/</uri>
						<email>jross@ij.org</email>
					</author>
					<title type="html"><![CDATA[
				Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/10/23/short-circuit-an-inexhaustive-weekly-compendium-of-rulings-from-the-federal-courts-of-appeal-82/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8407617</id>
		<updated>2026-10-23T19:30:24Z</updated>
		<published>2026-10-23T19:30:24Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[Rebellions, rebels without a cause, and military discounts.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/10/23/short-circuit-an-inexhaustive-weekly-compendium-of-rulings-from-the-federal-courts-of-appeal-82/">
			<![CDATA[<p>Please enjoy the latest edition of <a href="http://ij.org/about-us/shortcircuit/" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=http://ij.org/about-us/shortcircuit/&amp;source=gmail&amp;ust=1535766719490000&amp;usg=AFQjCNEM-nqsD8DW67r50PJye6ZvnENsIg" data-mrf-link="http://ij.org/about-us/shortcircuit/">Short Circuit</a>, a weekly feature written by a bunch of people at the Institute for Justice.</p>
<p>New case! In Feb. 2025, federal agents raided IJ client Mario Ayala Cruz's check cashing and money transfer business in Glendale, Ariz., seizing computers, cell phones, documents, and over $450k in cash and checks. And then &hellip; nothing. Mario, who runs the business (by the book) with his wife and adult children, has not heard anything for 20 months. No charges have been filed, and the feds are way past the 60-day deadline to either initiate civil forfeiture or return the property. Which violates the Fourth Amendment and federal law—and was extra crummy because it forced Mario to cut short his final visit with his dying father in Mexico. <a style="background-color: #ffffff" href="https://ij.org/press-release/glendale-small-business-files-federal-lawsuit-challenging-seizure-of-money-by-federal-agents-during-raid/">Click here</a> to learn more.</p>
<p>New on the <a href="https://ij.org/podcasts/short-circuit/short-circuit-451-tales-from-the-tenth/">Short Circuit</a> podcast: We get a Rocky Mountain high at the Tenth Circuit Bench &amp; Bar Conference. Learn all about what makes the circuit tick from the experts we met there, including our first guest from a circuit historical society.</p>
<ol>
<li>For decades, federal guidance has limited immigration enforcement at "sensitive locations," including houses of worship. Recently, DHS and ICE release new policy guidance allowing "discretion" and "case by case" decisions regarding enforcement at churches, synagogues, and mosques. Religious organizations sue. <a href="https://media.cadc.uscourts.gov/opinions/docs/2026/10/25-5209-2199126.pdf">D.C. Circuit</a> (over a dissent): And they have standing.</li>
<li>After spending 7.5 years in pretrial detention at Rikers, man is finally sentenced to a max of 7 years—time to let him out! But prison officials drag their feet for another 17 days. <a href="https://ww3.ca2.uscourts.gov/decisions/OPN/25-2095_opn.pdf">Second Circuit</a>: Case undismissed. He plausibly alleged the city and its officials are turning a blind eye to overdetention.</li>
<li>Sure, says two-thirds of this <a href="https://www2.ca3.uscourts.gov/opinarch/262072p.pdf">Third Circuit</a> panel, the plaintiff church has shown a good bit of evidence that Collier, Penn. officials rejected its application to build a 13k-square-foot shrine out of animus towards the church's pro-life advocacy, but that doesn't mean it gets a preliminary injunction because there's absolutely nothing "preliminary" about building a 13k-square-foot shrine.<span id="more-8407617"></span></li>
<li>Judge presides over 1993 murder trial in Philadelphia where the prosecutor is &hellip; also an eyewitness in a separate personal injury suit where the judge is the plaintiff. Conflict of interest? <a href="https://www2.ca3.uscourts.gov/opinarch/261491np.pdf">Third Circuit</a> (unpublished): Judicial, prosecutorial, and municipal immunity.</li>
<li>Federal prisoner is put in solitary for nearly three years without a hearing and then ultimately cleared of role in the death of another inmate. He brings FTCA claims; they're dismissed; he doesn't find out in time to appeal. <a href="https://www.supremecourt.gov/opinions/24pdf/24-275_k6gc.pdf">SCOTUS</a> (2025): And we agree with him (and the feds) that he did enough to reopen the case. <a href="https://www.ca4.uscourts.gov/opinions/201766A.P.pdf">Fourth Circuit</a> (2026): And we agree with him that his 2017 complaint was timely; he was <em>Heck </em>barred from filing earlier.</li>
<li>Looking for some light reading this weekend? How about 173 pages from the <a href="https://www.ca4.uscourts.gov/opinions/251569.P.pdf">Fourth Circuit</a> about whether the church autonomy doctrine protects a Catholic social-services agency's decision to refuse to provide health-insurance benefits for an employee's same-sex spouse.</li>
<li>Trial-advocacy tip: If you're going to "cross[ ] the bounds of proper advocacy," try to make sure the court's enumeration of your misdeeds runs to no more than four pages. The four-and-a-half-page list in this <a href="https://www.ca5.uscourts.gov/opinions/pub/25/25-30381-CV0.pdf">Fifth Circuit</a> opinion is a bad look. (Your humble summarist further recommends that readers ctrl-f for "skunk.")</li>
<li>FBI agent: I accidentally shot a hostage dead in 2018 after he popped up unexpectedly on the other side of a window we were breaching, leaned out of the window, and then grabbed my gun. <a href="https://ij.org/wp-content/uploads/2026/10/Pearce-order.pdf">District court</a>: Lies. The hostage was blindfolded, his hands were duct-taped, and he grabbed nada. The federal gov't must pay $2.3 mil for the intentional torts of its agent. <a href="https://www.ca5.uscourts.gov/opinions/pub/25/25-20180-CV0.pdf">Fifth Circuit</a>: Make that $1.9 mil. Dissent: We should be focusing on punishing the hostage takers (<a href="https://www.houstonlanding.org/federal-judge-awards-2-million-to-family-of-man-killed-by-fbi-agent-in-failed-hostage-rescue/">now behind bars</a>), not the agent (who got <a href="https://www.ca5.uscourts.gov/opinions/unpub/20/20-20372.0.pdf">qualified immunity</a>).</li>
<li>Mississippi adopts a law cracking down on state-sponsored DEI programs. District court issues a TRO, then a corrected TRO, then a P.I., finding a likely First Amendment violation. Cool? <a href="https://www.ca5.uscourts.gov/opinions/pub/25/25-60496-CV0.pdf">Fifth Circuit</a>: The merits were wrong and require a do over. More importantly, the initial TRO had several legal and factual AI hallucinations (including non-existent defendants), even the corrected (and back-dated) TRO had a hallucination, and the P.I. incorporated that TRO by reference. "Because of the extraordinarily grave errors by the district court, we vacate and remand for assignment to a different district judge."</li>
<li>Come for the dramatic retelling of <em>Rebel Without a Cause</em>. Stay for the definitely-not-just-a-form-of-intermediate-scrutiny <em>Bruen</em> analysis that leads the <a href="https://www.ca5.uscourts.gov/opinions/pub/25/25-10754-CV0.pdf">Fifth Circuit</a> to conclude much of the Federal Switchblade Act violates the Second Amendment.</li>
<li>South Texas non-profit alleges FEMA has secret policies for determining disaster-relief eligibility and that it's violating the Freedom of Information Act by not posting them in an online "reading room." <a href="https://www.ca5.uscourts.gov/opinions/pub/24/24-40756-CV0.pdf">Fifth Circuit</a>: FOIA empowers district courts to compel posting materials online in appropriate cases. Remand to determine whether this is such a case.</li>
<li>Friends, the LSIPA, as enforced by ERCOT's CEO, prevents GHAE from messing with Texas. But is the LSIPA conflict- or field-preempted by the DPA's CFIUS (to say nothing of FIRRMA)? <a href="https://www.ca5.uscourts.gov/opinions/pub/25/25-50879-CV0.pdf">Fifth Circuit</a>: Texas can indeed ban certain investments from China, Russia, etc. to protect its electric grid.</li>
<li>Michigan prisoners sue under the Eighth Amendment, alleging that their facility is overrun by toxic mold. (In response to their request for fungicide to clean it themselves, the warden allegedly tells them to just scrub harder.) Officials: The prisoners didn't allege "heinous" conduct. And they didn't point to cases about these specific strains of mold. <a href="https://www.opn.ca6.uscourts.gov/opinions.pdf/26a0283p-06.pdf">Sixth Circuit</a>: No, this is going to discovery. No qualified immunity (for most defendants) on these allegations.</li>
<li>Tennessee inmate with chronic back problems suffers abrupt decline: He can no longer sit, stand, walk, eat, or take a deep breath. His pain is excruciating, and an x-ray shows several possible new issues. Even so, he's not sent to the hospital for two weeks, and a staph infection, which had been treatable, renders him paralyzed. Deliberate indifference? District court: No. <a href="https://www.opn.ca6.uscourts.gov/opinions.pdf/26a0417n-06.pdf">Sixth Circuit</a>: Maybe. To trial this must go. Dissent: No.</li>
<li>Federal law authorizes the president to call upon a state's national guard to put down a rebellion. But even applying highly deferential review, says the <a href="https://cdn.ca9.uscourts.gov/datastore/opinions/2026/10/23/25-3727_opinion.pdf">Ninth Circuit</a> (over a dissent), a rebellion is not an honest description of the protests last year in Los Angeles. President Trump's order federalizing the California National Guard was unconstitutional.</li>
<li>At age 21, Iranian immigrant gets busted for marijuana possession; for over 20 years, he stays out of trouble and abides by all sorts of conditions in order to remain here. Like, in 2025, getting ICE's permission to move from California to Kansas, where ICE agents arrest him weeks later in his yard in front of his U.S. citizen wife. <a href="https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111530610.pdf">Tenth Circuit</a>: His release (after eight months) doesn't moot his habeas case because ICE re-detains people all the time. Nor does it prevent the district court from ordering the feds not to deport him. Nor does it stop us from declaring that the feds didn't follow their own rules, violating due process. Dissent: This is moot.</li>
<li>It is a serious crime to lie on the paperwork and buy a gun for someone who is not allowed to have one. Less common is buying a gun for someone who <em>is</em> allowed to have one—because you get a military discount and they don't. <a href="https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111529946.pdf">Tenth Circuit</a> (unpublished): Still a crime, though.</li>
<li>With decidedly less jam than the Allman Brothers, Congress passed the Midnight Rider in 2005, allowing Oklahoma to regulate environmental programs in Indian country with the EPA's approval. Everyone proceeded to ignore the rider until the <a href="https://www.supremecourt.gov/opinions/19pdf/18-9526_9okb.pdf">Supreme Court</a> determined that much of the state was actually Indian country. Reanimated, Oklahoma sought and obtained the EPA's approval in 2025—an approval the Pawnee Nation now challenges. <a href="https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111527860.pdf">Tenth Circuit</a>: The EPA is bound to keep on ridin', as the approval was appropriate.</li>
<li>One response to our embittered, social-media-coarsened discourse might be to take a deep breath and focus on the important things. Alternatively, you could follow our example and tuck into this 46 pager from the <a href="https://media.ca11.uscourts.gov/opinions/pub/files/202513298.pdf">Eleventh Circuit</a> on Florida's procedures for figuring out which books belong in school libraries, and, in the inevitable lawsuits that follow, whether school board members are or are not shielded by legislative privilege from having to testify about their motives in removing books that they consider too sexual. (By a 2-1 vote, yes, they have to testify.)</li>
<li>Man serves 23 years of 75-year sentence, is exonerated by (among other things) modern DNA testing. District court: He can't sue a Georgia DNA analyst for testilying that the original testing resulted in a match, but he can sue the analyst for fabricating evidence outside of court. <a href="https://media.ca11.uscourts.gov/opinions/unpub/files/202610553.pdf">Eleventh Circuit</a> (unpublished): Reversed; the only thing allegedly fabricated was the testimony, and lying witnesses are absolutely immune from civil liability. (<a href="https://ij.org/podcasts/bound-by-oath/prosecutors-perjurers-and-other-non-persons-part-2-season-2-ep-10/">Click here</a> for a lovingly crafted podcast on common law immunity for witnesses, which, no, would not have protected this analyst.)</li>
<li>And in en banc news, the <a href="https://cdn.ca9.uscourts.gov/datastore/opinions/2026/10/16/25-5220.pdf">Ninth Circuit</a> will not reconsider <a href="https://cdn.ca9.uscourts.gov/datastore/memoranda/2026/05/05/25-5220.pdf">its (unpublished) decision</a> reaffirming circuit precedent applying a "sliding scale" test for awarding preliminary injunctions. Ten judges dissent from denial, arguing that the Ninth Circuit's test conflicts with Supreme Court precedent. Three of those judges separately dissent to argue that the Ninth Circuit is too stingy about recognizing when the Supreme Court has disagreed with circuit precedent, and the Court should straighten them out.</li>
</ol>
<p>New case! IJ client Karli Kemper, a 25-year teaching vet, runs State 48 Arts and Academics, an innovative microschool in Pinal County, Ariz. that has been life changing for its students, most of whom have special needs and struggle in traditional settings. But the county is threatening to shut it down. Even though schools are allowed by right in Kemper's rurally zoned neighborhood, officials say that means public and charter schools, not private schools. That's outrageous, and so are the numerous onerous conditions officials insist that Kemper must follow, even assuming they grant her special-use permit application, which they want denied anyway. <a href="https://ij.org/case/pinal-county-microschools/">Click here</a> to learn more.</p>
<p>The post <a href="https://reason.com/volokh/2026/10/23/short-circuit-an-inexhaustive-weekly-compendium-of-rulings-from-the-federal-courts-of-appeal-82/">Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Ilya Somin</name>
							<uri>https://reason.com/people/ilya-somin/</uri>
						<email>isomin@gmu.edu</email>
					</author>
					<title type="html"><![CDATA[
				Trump Sues to Block Alaska Senate Election Results Because of Potential Voter "Confusion"			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/10/23/trump-sues-to-block-alaska-senate-election-results-because-potential-voter-confusion/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8407645</id>
		<updated>2026-10-24T04:54:56Z</updated>
		<published>2026-10-23T19:23:34Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Alaska" /><category scheme="https://reason.com/latest/" term="Democracy" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Election 2026" /><category scheme="https://reason.com/latest/" term="Federalism" /><category scheme="https://reason.com/latest/" term="Political Ignorance" /><category scheme="https://reason.com/latest/" term="Voting" />		<summary type="html"><![CDATA[The administration claims voters might be confused between two candidates named "Dan Sullivan."]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/10/23/trump-sues-to-block-alaska-senate-election-results-because-potential-voter-confusion/">
			<![CDATA[<figure id="attachment_8397986" aria-describedby="caption-attachment-8397986" style="width: 240px" class="wp-caption alignnone"><img decoding="async" class="size-medium wp-image-8397986" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/Dan-Sullivan-240x300.jpg" alt="" width="240" height="300" data-credit="US Senate" srcset="https://reason.com/wp-content/uploads/2026/08/Dan-Sullivan-240x300.jpg 240w, https://reason.com/wp-content/uploads/2026/08/Dan-Sullivan-820x1024.jpg 820w, https://reason.com/wp-content/uploads/2026/08/Dan-Sullivan-768x959.jpg 768w, https://reason.com/wp-content/uploads/2026/08/Dan-Sullivan.jpg 1161w" sizes="(max-width: 240px) 100vw, 240px" /><figcaption id="caption-attachment-8397986" class="wp-caption-text">Sen. Dan Sullivan (R-Alaska).&nbsp;(US Senate)</figcaption></figure> <p>&nbsp;</p> <p>Today, the Trump Justice Department<a href="https://www.washingtonpost.com/national-security/2026/10/23/doj-seeks-block-alaska-senate-result-if-republican-incumbent-narrowly-loses/"> filed a federal lawsuit</a> seeking to block Alaska Senate election results on the grounds they might be influenced by voter "confusion" between incumbent Republican Senator Dan S. Sullivan and a separate Republican candidate with a very similar name (Dan L. Sullivan). I previously wrote about the issues raised by the two Dan Sullivans <a href="https://reason.com/volokh/2026/08/18/voter-ignorance-and-confusion-caused-by-candidates-with-similar-names/">here</a>. As I pointed out in the earlier post, there is no legal basis for overturning congressional election results based on voter confusion, and any such action would likely violate the First Amendment. See also <a href="https://electionlawblog.org/2026/doj-issues-grand-jury-subpoenas-in-dan-j-sullivan-case-raising-serious-first-amendment-issues-in-potentially-prosecuting-someone-for-impure-political-motives/">this analysis</a> by election law specialist Rick Hasen.</p> <p>I would add that any such federal action also runs afoul of states' primary authority over election procedures. The <a href="https://constitution.congress.gov/browse/article-1/section-4/clause-1/" data-mrf-link="https://constitution.congress.gov/browse/article-1/section-4/clause-1/">Elections Clause</a> of the Constitution gives states primary authority over "The Times, Places and Manner of holding Elections for Senators and Representatives," subject to Congress' power to modify these rules by legislation. Congress has not enacted any statute allowing overturning of election results based on possible "voter confusion."</p> <p>If "voter confusion" were a legitimate reason to overturn election results, that would imperil a great many election winners, as voter ignorance - and exploitation thereof by candidates - is a widespread and longstanding problem. I covered some of these points in my previous post about the two Dan Sullivans:</p> <blockquote><p>Donald Trump is a particularly egregious example, going all the way back to <a href="https://www.cnn.com/2016/05/12/opinions/political-ignorance-somin" data-mrf-link="https://www.cnn.com/2016/05/12/opinions/political-ignorance-somin">his first campaign in 2016</a>, and more recently with<a href="https://www.cato.org/commentary/trump-big-lie-isnt-about-2020" data-mrf-link="https://www.cato.org/commentary/trump-big-lie-isnt-about-2020"> his lies about the 2020 election</a> and other issues. But more conventional politicians also <a href="https://reason.com/volokh/2016/10/25/why-politicians-lie/" data-mrf-link="https://reason.com/volokh/2016/10/25/why-politicians-lie/">often resort to lies and deception</a>, even if not to the same degree.  President Obama, for example, famously  lied when he claimed that, under the Affordable Care Act, <a href="http://www.politifact.com/truth-o-meter/article/2013/dec/12/lie-year-if-you-like-your-health-care-plan-keep-it/" data-mrf-link="http://www.politifact.com/truth-o-meter/article/2013/dec/12/lie-year-if-you-like-your-health-care-plan-keep-it/"> "if you like your health care plan, you can keep it."</a> That deception won the 2013<a href="http://www.politifact.com/truth-o-meter/article/2013/dec/12/lie-year-if-you-like-your-health-care-plan-keep-it/" data-mrf-link="http://www.politifact.com/truth-o-meter/article/2013/dec/12/lie-year-if-you-like-your-health-care-plan-keep-it/"> Politifact Lie of the Year</a> award. But it still helped Obama get reelected in 2012. I am not sure exploiting voter confusion about names is any worse than exploiting their ignorance about policy issues like crime, immigration, and health care&hellip;.</p> <p>Ultimately, both exploitation of voter confusion about names and other deceptions used in campaigns seek to exploit <a href="https://www.amazon.com/dp/0804799318/ref=nosim?tag=reasonmagazinea-20" data-mrf-link="https://www.amazon.com/dp/0804799318/ref=nosim?tag=reasonmagazinea-20">widespread voter ignorance</a>. Because of the combination of <a href="https://balkin.blogspot.com/2013/10/can-education-or-information-shortcuts.html" data-mrf-link="https://balkin.blogspot.com/2013/10/can-education-or-information-shortcuts.html">"rational ignorance" (lack of incentive to seek out political information) and "rational irrationality" (lack of incentive to engage in unbiased evaluation)</a>,  most voters know little about government and public policy, and often do a poor job of evaluating the information they do know. This makes them vulnerable to deception and manipulation, and <a href="https://reason.com/volokh/2016/10/25/why-politicians-lie/" data-mrf-link="https://reason.com/volokh/2016/10/25/why-politicians-lie/">incentivizes politicians to lie</a> and otherwise distort the truth.</p> <p>Voter confusion about candidates with similar names is just another example of this broader problem&hellip;.</p> <p>There is no easy solution to the problem of voter ignorance. But I assess a range of possible options in my 2023 article on "<a class="title optClickTitle" href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4201759" data-mrf-link="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4201759">Top-Down and Bottom-Up Solutions to the Problem of Political Ignorance</a>, and in my earlier book <a href="https://www.amazon.com/dp/0804799318/ref=nosim?tag=reasonmagazinea-20" data-mrf-link="https://www.amazon.com/dp/0804799318/ref=nosim?tag=reasonmagazinea-20"><em>Democracy and Political Ignorance.</em></a> I believe the best approach is to make fewer decisions at the ballot box and more by "voting with your feet," where <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2160388" data-mrf-link="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2160388">incentives to seek out information and evaluate it wisely are much better</a>. But I  recognize that any effective approach will take time, and there may be no one fix that is sufficient by itself.  We may need to pursue multiple strategies. In the meantime, voters are likely to continue to be ignorant and confused about a variety of issues, and politicians and interest groups are likely to keep on exploiting that.</p></blockquote> <p>Many of these other voter ignorance problems are far worse than any potential confusion between candidates with similar names, a problem that only comes up relatively rarely.</p> <p>UPDATE: Rick Hasen has a helpful analysis of the Alaska lawsuit <a href="https://slate.com/news-and-politics/2026/10/2026-midterm-news-doj-alaska-trump-fraud.html?gift_token=eTi6jUaJRB2os0SnVj_-uA">here</a>:</p> <blockquote><p>DOJ has no power to decide which candidates can appear on the ballot. The <a href="https://electionlawblog.org/2026/citing-preamble-to-nvra-doj-sues-to-enjoin-certification-of-alaskas-senate-race-it-wont-go-anywhere/" target="_blank" rel="noopener">sole basis that DOJ asserted</a> for trying to block the state's certification process is the National Voter Registration Act's preamble that reads that the act is designed to "protect the integrity of the electoral process." That preamble of course gives no power whatsoever to the federal government to do anything. It does not give DOJ the power to determine ballot access or block certification of a federal election. The Alaska Supreme Court decided the state law ballot access question back in June, <a href="https://alaskapublic.org/news/politics/elections/2026-06-29/alaska-justices-sound-skeptical-of-extreme-remedy-in-case-of-2-dan-sullivans" target="_blank" rel="noopener">allowing</a> the second Sullivan to appear on the ballot.</p></blockquote><p>The post <a href="https://reason.com/volokh/2026/10/23/trump-sues-to-block-alaska-senate-election-results-because-potential-voter-confusion/">Trump Sues to Block Alaska Senate Election Results Because of Potential Voter &quot;Confusion&quot;</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
							<media:credit><![CDATA[US Senate]]></media:credit>
		<media:caption><![CDATA[Sen. Dan Sullivan (R-Alaska).]]></media:caption>
		<media:text><![CDATA[Sen. Dan Sullivan (R-Alaska).]]></media:text>
		<media:title><![CDATA[Dan Sullivan]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/Dan-Sullivan-1161x675.jpg" width="1161" height="675" />
	</entry>
		<entry>
					<author>
			<name>Tosin Akintola</name>
							<uri>https://reason.com/people/tosin-akintola/</uri>
					</author>
					<title type="html"><![CDATA[
				Kalshi's CEO Wants 1 Set of Rules. The States Want 50.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/23/kalshis-ceo-wants-1-set-of-rules-the-states-want-50/" />
		<id>https://reason.com/?p=8407621</id>
		<updated>2026-10-23T18:40:31Z</updated>
		<published>2026-10-23T18:37:10Z</published>
			<category scheme="https://reason.com/latest/" term="Capitalism" /><category scheme="https://reason.com/latest/" term="Science &amp; Technology" /><category scheme="https://reason.com/latest/" term="Commodities markets" /><category scheme="https://reason.com/latest/" term="Free Markets" /><category scheme="https://reason.com/latest/" term="Prediction Markets" /><category scheme="https://reason.com/latest/" term="Predictions" /><category scheme="https://reason.com/latest/" term="Predictive Analytics" /><category scheme="https://reason.com/latest/" term="Reason Interviews" /><category scheme="https://reason.com/latest/" term="Regulation" /><category scheme="https://reason.com/latest/" term="The Reason Interview With Nick Gillespie" />		<summary type="html"><![CDATA[Tarek Mansour argues prediction markets can police insider trading themselves, but regulators still see a gambling app.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/10/23/kalshis-ceo-wants-1-set-of-rules-the-states-want-50/">
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		<p><span data-sheets-root="1"><div class="rcom-podcast-episode"><div class="podcast-player--player"><a class="podcast-player--popout-link" href="https://reason.com/podcast/2026/10/21/are-prediction-markets-just-gambling-kalshi-ceo-responds/"><i class="fas fa-external-link-alt"></i></a><div class="powerpress_player" id="powerpress_player_7981"><div class="reason-audio-container"><audio class="wp-audio-shortcode" id="audio-8405923-3" preload="none" style="width: 100%;" controls="controls"><source type="audio/mpeg" src="https://dts.podtrac.com/redirect.mp3/d2h6a3ly6ooodw.cloudfront.net/reasontv_audio_8405923.mp3?_=3" /><a href="https://dts.podtrac.com/redirect.mp3/d2h6a3ly6ooodw.cloudfront.net/reasontv_audio_8405923.mp3">https://dts.podtrac.com/redirect.mp3/d2h6a3ly6ooodw.cloudfront.net/reasontv_audio_8405923.mp3</a></audio><div class="audio-speed-controls">
        <div class="speed-selector">
            <select>
                <option value="1" selected>1x</option>
                <option value="1.1">1.1x</option>
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                <option value="2">2x</option>
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        </div>
        <span class="back-15">:15 <i class="fas fa-backward"></i></span>
        <span class="forward-15"><i class="fas fa-forward"></i> :15</span>
    </div><a href="https://dts.podtrac.com/redirect.mp3/d2h6a3ly6ooodw.cloudfront.net/reasontv_audio_8405923.mp3" class="download-button" download>Download  <i class="fa-solid fa-arrow-down-to-line"></i></a></div></div><h4><a href="https://reason.com/podcast/2026/10/21/are-prediction-markets-just-gambling-kalshi-ceo-responds/">Are Prediction Markets Just Gambling? Kalshi CEO Responds</a></h4></div></div></span></p>
<p><span style="font-weight: 400;">"I think capitalism is a good thing, but I think what we need to contend with and be aware of is that a lot of people are not part of it," Tarek Mansour, co-founder and CEO of prediction market platform Kalshi, recently </span><a href="https://reason.com/podcast/2026/10/21/are-prediction-markets-just-gambling-kalshi-ceo-responds/"><span style="font-weight: 400;">told</span></a> <i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;">'s Nick Gillespie. "They don't feel like they're part of it. And that's a reality."</span></p>
<p><span style="font-weight: 400;">Mansour has set out to change that by making it easier for consumers to experience and participate in financial markets. Kalshi's premise is simple: Mansour says the platform matches traders with differing opinions on the outcome of future events, aggregating the "bits and pieces of information" siloed across the country, so long as that information isn't privileged or obtained illegally.</span></p>
<p><span style="font-weight: 400;">He's up against a </span><a href="https://reason.com/2026/07/31/new-york-wants-a-36-billion-cut-from-kalshi-calling-it-an-illegal-gambling-operation/"><span style="font-weight: 400;">rising number</span></a><span style="font-weight: 400;"> of federal and state lawmakers—not to mention the </span><a href="https://reason.com/2026/10/08/the-nfl-chooses-states-not-the-cftc-in-fight-over-prediction-market-regulation/"><span style="font-weight: 400;">NFL</span></a><span style="font-weight: 400;">, traditional sportsbooks, casinos, and other regulated gambling operations—who view Kalshi as yet another gambling app.</span><span style="font-weight: 400;"> "As of early 2026, more than 20 lawsuits and cease-and-desist actions are pending across the country, filed by state attorneys general, gaming regulators, tribal governments and private plaintiffs," </span><a href="https://www.ncsl.org/state-federal/prediction-markets-a-new-frontier-in-state-regulatory-authority"><span style="font-weight: 400;">according to</span></a><span style="font-weight: 400;"> the National Conference of State Legislatures. This includes Utah, whose attorney general, Derek Brown, escalated an ongoing legal dispute with Kalshi on Tuesday by filing </span><a href="https://utahnewsdispatch.com/wp-content/uploads/2026/10/KalshiComplaint.pdf"><span style="font-weight: 400;">a complaint</span></a><span style="font-weight: 400;"> against the prediction market in state district court. In his complaint, Brown called Kalshi an "unconscionable and illegal gambling operation." He accused the company of engaging in a "brazen pattern of unlawful conduct."</span></p>
<p><iframe loading="lazy" title="Are Prediction Markets Just Gambling? Kalshi CEO Responds" width="500" height="281" src="https://www.youtube.com/embed/EJhOb_UUpY4?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<p><span style="font-weight: 400;">At the federal level, </span><i><span style="font-weight: 400;">Bloomberg Law</span></i> <a href="https://news.bloomberglaw.com/securities-law/cruz-bill-would-allow-state-jurisdiction-over-prediction-markets"><span style="font-weight: 400;">reported</span></a><span style="font-weight: 400;"> last Friday that Sen. Ted Cruz (R–Texas) is preparing to introduce a bill after the midterm elections that would give state and tribal governments authority to regulate sports-related event contracts offered by prediction markets. </span></p>
<p><span style="font-weight: 400;">Cruz's state-by-state regulatory regime is exactly the kind of scheme Mansour wants lawmakers to avoid. Mansour </span><a href="https://reason.com/podcast/2026/10/21/are-prediction-markets-just-gambling-kalshi-ceo-responds/"><span style="font-weight: 400;">recently told</span></a> <i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;"> that, ideally, there'd be a "federal uniform set of rules that apply across all 50 states." Those rules would then "promote and foster" a "multilateral, peer-to-peer idea," where, for example, someone in California, Oregon, or Washington could trade on an event's outcome based on information supplied by someone in Texas.</span></p>
<p><span style="font-weight: 400;">Data from the Pew Research Center </span><a href="https://www.pewresearch.org/short-reads/2026/09/23/prediction-markets-trading-volume-doubled-between-may-and-july-largely-driven-by-sports/"><span style="font-weight: 400;">show</span></a><span style="font-weight: 400;"> Kalshi is incredibly popular nationwide; however, the platform is facing headwinds in Congress from the likes of </span><a href="https://x.com/AOC/status/2036188830735204572"><span style="font-weight: 400;">Reps. Alexandria Ocasio-Cortez (D–N.Y.)</span></a> and  <a href="https://www.cnbc.com/2026/05/22/kalshi-polymarket-comer-insider-trading-probe-congress.html"><span style="font-weight: 400;">James Comer (R–Ky.)</span></a> and<span style="font-weight: 400;"> </span><a href="https://www.schiff.senate.gov/news/press-releases/news-sens-schiff-curtis-introduce-bipartisan-legislation-to-ban-sports-prediction-market-contracts/"><span style="font-weight: 400;">Sens. Adam Schiff (D–Calif.) and John Curtis (R–Utah)</span></a><span style="font-weight: 400;">, who have questioned whether prediction market platforms can indeed self-police insider trading and market manipulation. </span></p>
<p><span style="font-weight: 400;">Mansour, who calls insider trading an "unfair dynamic that over time dries up liquidity," also argues that prediction markets are uniquely positioned to self-regulate because trades on Kalshi are "fully transparent," making it "easy to flag" suspicious trading patterns. The platform's users play a key role in that work. Mansour says that in February, when convicted fraudster and former Rep. George Santos (R–N.Y.) tried to engage in insider trading, Kalshi received "a hundred whistleblower complaints within a few minutes."</span></p>
<p><span style="font-weight: 400;">The company's public commitment to rooting out insider trading on its platform may be laudable. Still, it has done little to dispel the prevailing sentiment among state and federal regulators that Kalshi—and prediction market platforms writ large—is indistinguishable from traditional gambling markets. </span></p>
<p><span style="font-weight: 400;">Indeed, the legal cases against Kalshi are centered on state regulators' belief that the platforms' sports event contracts are the same as the bets offered by legal gambling operations like casinos and sportsbooks. Kalshi has argued that the U.S. Commodity Futures Trading Commission has exclusive jurisdiction to regulate the kinds of contracts it can offer under federal law, preempting states from exercising any gambling authority over prediction markets. </span></p>
<p><span style="font-weight: 400;">In March, Arizona became the first state to file criminal charges against Kalshi. Arizona Attorney General Kris Mayes </span><a href="https://www.azag.gov/press-release/attorney-general-mayes-charges-kalshi-illegal-gambling-operation-election-wagering"><span style="font-weight: 400;">accused</span></a><span style="font-weight: 400;"> the company of "running an illegal gambling operation and taking bets on Arizona elections, both of which violate Arizona law." Not everyone in the state shares Mayes' view. One Arizona resident, Zach, a 35-year-old man who makes a living trading sports-related event contracts on prediction markets, tells </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;"> he'd "move to another state" if Arizona succeeds in driving out prediction markets. </span></p>
<p><span style="font-weight: 400;">"There's nothing that is excluding other people from the profits that I'm making right now," he says. "I'm under no obligation to bet on </span><i><span style="font-weight: 400;">Monday Night Football</span></i><span style="font-weight: 400;">&hellip;.I'm able to look at all the markets and decide which ones I want; I'm setting a limit order and just saying, 'OK, if I get my price, then hooray.' If I don't, then that's not something that I add to my portfolio."</span></p>
<p><span style="font-weight: 400;">Of course, not everyone acts as responsibly. Mansour knows that in any competition, including trading, "some people are going to win," while "some people lose." He believes in "individual freedom" and in the idea that "people should be able to choose" which financial markets they engage in, with "some regulations on irresponsible use" so that companies can't target people who exhibit addictive or destructive betting patterns. </span></p>
<p><span style="font-weight: 400;">The degree to which Kalshi and other prediction market platforms should be regulated will likely be a high priority for federal lawmakers after the midterm elections and in the next Congress. Mansour appears optimistic that there's enough bipartisan support for what he calls "sensible guardrails." He says there's a "big group" on both sides of the aisle that's "actually pro" prediction market platforms. There's reason to be skeptical of Mansour's claim, given that several members of Congress—such as Sen. Elizabeth Warren (D–Mass.), the ranking Democrat on the Senate Banking Committee—have </span><a href="https://x.com/SenWarren/status/2038613557021991040"><span style="font-weight: 400;">said</span></a><span style="font-weight: 400;"> prediction markets need to be reined in.</span></p>
<p><span style="font-weight: 400;">In Mayes' case, her antipathy toward prediction markets might cost her at least one vote in Arizona's attorney general race. Zach says that with Mayes waging a legal battle against Kalshi, he'd have to take that into account "hypothetically, if someone knocked on my door tonight and they want me to vote for Kris Mayes to be reelected."</span></p>
<p><span style="font-weight: 400;">"If I'm not gonna vote on my own behalf, then who is, right?" he says. (Mayes might not be a fan of Kalshi, but with the platform's penchant for accurately predicting election winners, she can take solace in her </span><a href="https://kalshi.com/markets/kxattygenaz/ag-race-az/kxattygenaz-26"><span style="font-weight: 400;">current trading position</span></a><span style="font-weight: 400;">, which shows an 84 percent chance she retains her position.)</span></p>
<p><span style="font-weight: 400;">Mansour says he's a "free market guy" who wants everyone to "have a shot in the competition." To succeed, he'll have to withstand a host of paternalistic government officials hell-bent on controlling financial decisions made by consenting adults.</span></p>
<p>The post <a href="https://reason.com/2026/10/23/kalshis-ceo-wants-1-set-of-rules-the-states-want-50/">Kalshi&#039;s CEO Wants 1 Set of Rules. The States Want 50.</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
							<media:credit><![CDATA[Photo: Reason]]></media:credit>
		<media:description type="html"><![CDATA[Tarek Mansour]]></media:description>
		<media:title><![CDATA[Tarek]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Josh Pauzé</name>
							<uri>https://reason.com/people/josh-pauze/</uri>
					</author>
					<title type="html"><![CDATA[
				Mississippi Cop Who Shot 1-Year-Old Kohen Wiley Resigns After State Calls Shooting 'Justified'			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/23/mississippi-cop-who-shot-1-year-old-kohen-wiley-resigns-after-state-calls-shooting-justified/" />
		<id>https://reason.com/?p=8407601</id>
		<updated>2026-10-23T17:40:37Z</updated>
		<published>2026-10-23T17:40:37Z</published>
			<category scheme="https://reason.com/latest/" term="Criminal Justice" /><category scheme="https://reason.com/latest/" term="Law enforcement" /><category scheme="https://reason.com/latest/" term="Police Abuse" /><category scheme="https://reason.com/latest/" term="Accountability" /><category scheme="https://reason.com/latest/" term="Attorney General" /><category scheme="https://reason.com/latest/" term="Body Cameras" /><category scheme="https://reason.com/latest/" term="Mississippi" /><category scheme="https://reason.com/latest/" term="Police" />		<summary type="html"><![CDATA[The resignation comes after the release of bodycam footage that raised questions about the police's handling of the incident.​]]></summary>
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		<p><span style="font-weight: 400">Earlier this week, Mississippi Attorney General Lynn Fitch</span> <a href="https://attorneygenerallynnfitch.com/2026/10/19/statement-on-officer-involved-shooting-october-19-2026/"><span style="font-weight: 400">said</span></a><span style="font-weight: 400"> that the </span><a href="https://reason.com/2026/06/16/police-kill-1-year-old-boy-shooting-into-car-of-suspected-shoplifters/"><span style="font-weight: 400">police shooting of 1-year-old boy Kohen Wiley</span></a><span style="font-weight: 400"> in a Walmart parking lot earlier this year was a "justified" use of force. On Thursday, Sgt. Hunter Foster, the Senatobia police officer who shot Wiley, resigned from the department.</span></p>
<p><span style="font-weight: 400">Foster's resignation comes after a tumultuous week for the Mississippi attorney general's office and the Senatobia Police Department (SPD). After Finch ruled the shooting a justified use of force on Monday, <em>DarkHorse Press </em></span><a href="https://darkhorsepressnow.com/news/2026-10-20/body-camera-footage-shows-vehicle-involved-in-senatobia-shooting-actually-hit-at-least-two-officers/"><span style="font-weight: 400">leaked</span></a><span style="font-weight: 400"> footage of the body camera video from officers at the scene, along with Walmart surveillance video. On Thursday, the Mississippi Department of Public Safety released more footage, including from the </span><a href="https://www.wlbt.com/2026/10/23/new-dps-video-shows-moments-before-during-fatal-shooting-1-year-old-kohen-wiley/"><span style="font-weight: 400">bodycam</span></a><span style="font-weight: 400"> of Foster, which WLBT News obtained. Together, the footage shows a less cut-and-dry incident than what statements from Fitch and the </span><a href="https://us14.campaign-archive.com/?u=a21d54ac925c8b395ae3ba417&amp;id=6d4e7e1b33"><span style="font-weight: 400">Mississippi Bureau of Investigation</span></a><span style="font-weight: 400"> imply.</span></p>
<p><span style="font-weight: 400">Surveillance footage shows Kohen's mother, Vellesiya Wiley, and her friend running to their car from the Walmart entrance as Wiley holds baby Kohen in her arms. Police officers soon enter the frame chasing the duo. After getting in the car, Wiley's friend backs out of the parking spot and hits another parked car. The officers crowd around the vehicle, drawing their guns and shouting "stop." Foster places himself directly in front of the vehicle, his gun primed and ready. The driver puts the car in gear and accelerates toward the officers. According to his </span><a href="https://www.actionnews5.com/2026/10/23/senatobia-officer-resigns-his-body-cam-video-kohen-wiley-shooting-is-released/"><span style="font-weight: 400">bodycam</span></a> footage<span style="font-weight: 400">, Foster, one of the two officers in the vehicle's path, lets off three shots as he hops out of the way and continues to aim his gun at the car as it passes him. It appears that at least one of the shots pierced the front windshield, while the others came through the window on the passenger side, where Kohen was sitting on his mother's lap. The car then drove away, and officers gave chase. </span></p>
<p><span style="font-weight: 400">After reviewing the footage, Ben Crump, the Wiley family attorney, </span><a href="https://www.localmemphis.com/article/news/local/mississippi/ben-crump-kohen-wileys-family-address-senatobia-police-shooting-video-footage/522-ab24f589-b1cc-47d2-91ee-717b2cf5ed8a"><span style="font-weight: 400">said</span></a><span style="font-weight: 400"> during a Thursday press conference that the police officers "never ever should have drawn their weapons for a misdemeanor shoplifting allegation."</span></p>
<p><span style="font-weight: 400">"The shot from the side of the vehicle was not justified," he added. "[Foster] was not in harm's way when he shot from the side." He claims that the shot that killed Kohen came from the side, corroborating an independent autopsy the family conducted.</span></p>
<p><span style="font-weight: 400">Martin Zummach, an attorney for Foster, </span><a href="https://abcnews.com/US/wireStory/mississippi-ag-officers-force-justified-shoplifting-call-boy-137386537"><span style="font-weight: 400">told</span></a><span style="font-weight: 400"> the Associated Press that the driver "tried to kill" his client and other officers at the scene, giving Foster "no choice but to fire his weapon." He </span><a href="https://www.wsbradio.com/news/national/family-1-year-old/QKBFKJXXVE2RHLS75TXDZY6HAA/"><span style="font-weight: 400">said</span></a><span style="font-weight: 400"> it was "strictly muscle memory" that led Foster to fire those additional shots, according to WSB News. "The one that went through the side glass that everybody's going crazy about? That's because she was moving so fast," he said. </span></p>
<p><span style="font-weight: 400">Regardless of whether the car was "moving so fast," Foster, who moved out of the vehicle's path, clearly had the choice not to fire his weapon. But instead of de-escalating the situation, the police officers decided to draw their guns and step in front of a vehicle, turning an incident involving an alleged shoplifter fleeing a misdemeanor into a life-or-death game of chicken.</span></p>
<p>The post <a href="https://reason.com/2026/10/23/mississippi-cop-who-shot-1-year-old-kohen-wiley-resigns-after-state-calls-shooting-justified/">Mississippi Cop Who Shot 1-Year-Old Kohen Wiley Resigns After State Calls Shooting &#039;Justified&#039;</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		<media:description type="html"><![CDATA[Bodycam footage from shooting of Kohen Wiley]]></media:description>
		<media:title><![CDATA[bodycam-footage]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Autumn Billings</name>
							<uri>https://reason.com/people/autumn-billings/</uri>
					</author>
					<title type="html"><![CDATA[
				The Founders Warned Against Secret Arrests. ICE Is Testing That Principle.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/23/the-founders-warned-against-secret-arrests-ice-is-testing-that-principle/" />
		<id>https://reason.com/?p=8407605</id>
		<updated>2026-10-23T21:24:39Z</updated>
		<published>2026-10-23T17:23:42Z</published>
			<category scheme="https://reason.com/latest/" term="Civil Liberties" /><category scheme="https://reason.com/latest/" term="Due Process" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Law &amp; Government" /><category scheme="https://reason.com/latest/" term="Law enforcement" /><category scheme="https://reason.com/latest/" term="Accountability" /><category scheme="https://reason.com/latest/" term="Federal agents" /><category scheme="https://reason.com/latest/" term="Freedom" /><category scheme="https://reason.com/latest/" term="ICE" /><category scheme="https://reason.com/latest/" term="Lawsuits" /><category scheme="https://reason.com/latest/" term="Transparency" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[A lawsuit filed by The Marshall Project argues that ICE must disclose the names of immigrant detainees because you can’t check a government that won’t say who it’s holding.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/10/23/the-founders-warned-against-secret-arrests-ice-is-testing-that-principle/">
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		<p><span style="font-weight: 400;">Since the beginning of President Donald Trump's immigration crackdown in January 2025, the Department of Homeland Security (DHS) claims more than </span><a href="https://www.newsweek.com/nearly-1-million-deported-from-us-under-trump-2-0-analysis-12605634"><span style="font-weight: 400;">1.1 million people</span></a><span style="font-weight: 400;"> have been arrested by Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) combined. But so far, the names of most arrestees have been kept secret. This lack of public disclosure threatens Americans' ability to hold the government accountable.</span></p>
<p><span style="font-weight: 400;">While ICE will disclose </span><a href="https://deportationdata.org/"><span style="font-weight: 400;">some details</span></a><span style="font-weight: 400;"> about detainees, the agency's refusal to provide the names, dates of birth, and locations of detainees violates the Freedom of Information Act (FOIA), according to a </span><a href="https://www.documentcloud.org/documents/28825226-tmpvicecbp-complaint/"><span style="font-weight: 400;">federal lawsuit</span></a><span style="font-weight: 400;"> filed by The Marshall Project on Tuesday. In denying FOIA requests for this information, ICE claims the "privacy interests of the individuals in the records&hellip;requested outweigh any minimal public interest disclosure of the information," and revealing such information would "increase the risk of misuse, unwanted contact, harassment, stigma, or other privacy harms," according to the complaint.</span></p>
<p><span style="font-weight: 400;">A curious position given the DHS' own "worst of the worst" </span><a href="https://www.dhs.gov/wow"><span style="font-weight: 400;">website</span></a><span style="font-weight: 400;"> discloses all kinds of information, including names and photos, while boasting about the detention of select immigration detainees with criminal records. </span></p>
<p><span style="font-weight: 400;">It's true that publicly disclosing someone's arrest, particularly a criminal arrest, may damage their reputation. But it's a necessary tradeoff to ensure a functioning democracy. Disapproval of anonymized arrests dates back to the </span><a href="https://magnacarta.cmp.uea.ac.uk/read/magna_carta_1215/Clause_39"><span style="font-weight: 400;">Magna Carta</span></a><span style="font-weight: 400;">. This pro-liberty stance was adopted early in America's Founding. In </span><a href="https://guides.loc.gov/federalist-papers/text-81-85"><i><span style="font-weight: 400;">Federalist </span></i><span style="font-weight: 400;">No. 84</span></a><span style="font-weight: 400;">, Alexander Hamilton denounced the "practice of arbitrary imprisonments" as "the favorite and most formidable instruments of tyranny." He went on to cite Sir William Blackstone, an English jurist who </span><a href="https://www.cato.org/blog/reflections-blackstones-commentaries-natural-liberty-mankind"><span style="font-weight: 400;">greatly influenced</span></a><span style="font-weight: 400;"> America's Founders, quoting: "The confinement of the person, by secretly hurrying him to jail, where his sufferings are unknown or forgotten, is a less public, a less striking, and therefore </span><i><span style="font-weight: 400;">a more dangerous engine</span></i><span style="font-weight: 400;"> of arbitrary government." </span></p>
<p><span style="font-weight: 400;">Throughout much of American history, law enforcement agencies have disclosed the identities of those arrested through police blotters and other means in the name of transparency and government accountability. Today, 27 states have codified this practice, according to an </span><a href="https://www.acludc.org/cases/block-club-chicago-v-department-of-homeland-security/#"><i><span style="font-weight: 400;">amicus</span></i><span style="font-weight: 400;"> brief</span></a><span style="font-weight: 400;"> filed by the American Civil Liberties Union (ACLU) in a similar but separate case involving ICE's refusal to release the names of those arrested during a 10-day immigration enforcement </span><a href="https://www.nbcnews.com/news/us-news/are-cities-ice-raids-are-taking-place-rcna189390"><span style="font-weight: 400;">operation</span></a><span style="font-weight: 400;"> in Chicago. And even when statutes don't plainly state arrest logs qualify as public records, courts have consistently held they do, the ACLU argues. Indeed, the Supreme Court has already </span><a href="https://supreme.justia.com/cases/federal/us/424/693/"><span style="font-weight: 400;">ruled</span></a><span style="font-weight: 400;"> that the constitutional right to privacy does not extend to the publication of official acts, such as arrests. </span></p>
<p><span style="font-weight: 400;">"We are seeking transparency and access to information that have existed within the criminal justice system for centuries," </span><a href="https://www.themarshallproject.org/2026/10/20/ice-suit-arrests-constitution"><span style="font-weight: 400;">said</span></a><span style="font-weight: 400;"> The Marshall Project's editor in chief, Jennifer Peter. Concealing the names of detainees "makes it far more difficult for their loved ones and attorneys to help them—and for organizations like The Marshall Project to shine a light on what's truly happening within immigration camps," Peter continued.</span></p>
<p><span style="font-weight: 400;">Trump immigration crackdown has been a source of ongoing debate since its inception. Leading up to the 2026 midterm elections, a recent </span><i><span style="font-weight: 400;">New York Times</span></i> <a href="https://www.nytimes.com/2026/10/21/us/politics/trump-midterm-election-poll.html"><span style="font-weight: 400;">poll</span></a><span style="font-weight: 400;"> found that 50 percent of Americans trust the Democratic Party to do a better job of handling immigration, compared to 46 percent trusting Republicans more. </span></p>
<p><span style="font-weight: 400;">Opponents of Trump's approach to immigration have routinely cited concerns over the </span><a href="https://www.npr.org/2026/07/16/nx-s1-5891834/ice-use-of-force-aclu-report"><span style="font-weight: 400;">use of force</span></a><span style="font-weight: 400;">, wrongful </span><a href="https://davisvanguard.org/2026/10/ice-unlawful-arrest-mistaken-identity/"><span style="font-weight: 400;">arrests</span></a><span style="font-weight: 400;">, </span><a href="https://lawyersforcivilrights.org/our-impact/immigrant-rights/lawsuit-against-ice-for-wrongful-detention/"><span style="font-weight: 400;">detentions</span></a><span style="font-weight: 400;">, and </span><a href="https://time.com/7297802/trump-administration-wrongful-deportations/"><span style="font-weight: 400;">deportations</span></a><span style="font-weight: 400;">, including those of </span><a href="https://projects.propublica.org/american-citizens-detained-dhs-civil-rights/"><span style="font-weight: 400;">U.S. citizens</span></a><span style="font-weight: 400;">, and the </span><a href="https://www.wuwm.com/ice-systemic-neglect-deaths-detention-center-conditions"><span style="font-weight: 400;">mistreatment</span></a><span style="font-weight: 400;"> of detainees. Proponents of limited government and financial accountability have also </span><a href="https://apnews.com/article/ice-detention-waste-gao-report-7909a2cf777672e1483f5ed232e93cba"><span style="font-weight: 400;">raised concerns</span></a><span style="font-weight: 400;"> over the opaque yet explosive expansion of federal agencies, including </span><a href="https://perma.cc/L2TE-WH7V"><span style="font-weight: 400;">over $200 billion</span></a><span style="font-weight: 400;"> in funding for FY 2027 and the 100 percent increase in both </span><a href="https://www.americanimmigrationcouncil.org/fact-sheet/the-cost-of-immigration-enforcement-and-border-security/"><span style="font-weight: 400;">CBP</span></a><span style="font-weight: 400;"> and </span><a href="https://www.dhs.gov/news/2026/01/03/ice-announces-historic-120-manpower-increase-thanks-recruitment-campaign-brought"><span style="font-weight: 400;">ICE</span></a> funding,<span style="font-weight: 400;"> reaching nearly 44,000 agents combined, all in the name of immigration enforcement. </span></p>
<p><span style="font-weight: 400;">Since the Founding, Americans have been rightly skeptical of government overreach and the potential to abuse arrest powers. In the era of Trump's immigration crackdown, this skepticism is even more warranted, and accountability is even more needed.</span></p>
<p>The post <a href="https://reason.com/2026/10/23/the-founders-warned-against-secret-arrests-ice-is-testing-that-principle/">The Founders Warned Against Secret Arrests. ICE Is Testing That Principle.</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
							<media:credit><![CDATA[Lifestyle_Graphic/pixel-shot.com/Magnific/Mariam Zakaidze]]></media:credit>
		<media:description type="html"><![CDATA[Detained person's hands with redacted paperwork]]></media:description>
		<media:title><![CDATA[Detainee-Records-Lawsuit]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Meagan O'Rourke</name>
							<uri>https://reason.com/people/meagan-orourke/</uri>
						<email>meagan.orourke@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Worst Nathan for You–Style Scheme Ever? A Polling Company Claimed Its Fake Polls Were a Social Experiment.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/23/worst-nathan-for-you-style-scheme-ever-a-polling-company-claimed-its-fake-polls-were-a-social-experiment/" />
		<id>https://reason.com/?p=8407591</id>
		<updated>2026-10-23T16:27:43Z</updated>
		<published>2026-10-23T16:27:43Z</published>
			<category scheme="https://reason.com/latest/" term="Campaigns/Elections" /><category scheme="https://reason.com/latest/" term="Censorship" /><category scheme="https://reason.com/latest/" term="Journalism" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Social Media" /><category scheme="https://reason.com/latest/" term="FCC" /><category scheme="https://reason.com/latest/" term="Internet" /><category scheme="https://reason.com/latest/" term="Media" /><category scheme="https://reason.com/latest/" term="Polls" />		<summary type="html"><![CDATA[Information regulation is not the way to stop online hoaxes. But that doesn’t mean we should stop searching for the truth. ]]></summary>
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		<p><span style="font-weight: 400;">There has been much consternation this week about the use of fake polls in the media, with some government officials promising swift, </span><a href="https://reason.com/2026/10/22/fcc-chair-brendan-carr-echoes-trump-threatens-broadcasters-over-fake-polls/"><span style="font-weight: 400;">and legally dubious</span></a><span style="font-weight: 400;">, punishments for broadcasters that use them. </span></p>
<p><span style="font-weight: 400;">The use of these fake polls came to light on Wednesday, when </span><i><span style="font-weight: 400;">The New York Times</span></i> <a href="https://www.nytimes.com/2026/10/21/us/midterm-election-fake-polling-wedgewood.html"><span style="font-weight: 400;">reported</span></a><span style="font-weight: 400;"> that "well-known polling aggregators," including the paper itself, had been citing fake surveys by Wedgewood Polls. The fake polling scheme was revealed when the outlet </span><a href="https://blog.fiftyplusone.news/p/fiftyplusone-just-caught-a-pollster"><span style="font-weight: 400;">FivePlusOne</span></a><span style="font-weight: 400;"> contacted Wedgewood Tuesday for comment about an investigation into the pollster. That night, Wedgewood posted a now-deleted </span><a href="https://archive.is/K0iJd"><span style="font-weight: 400;">statement</span></a><span style="font-weight: 400;"> declaring that it was an "experimental project to demonstrate the vulnerabilities, lack of oversight, and overall barrier to entry in the modern polling industry." The fake pollster claimed it was "far too easy" to be taken seriously in media and public commentary. </span></p>
<p><span style="font-weight: 400;">A similar "social experiment" was </span><a href="https://www.latimes.com/california/story/2026-08-17/poll-showing-bass-leading-raman-by-double-digits-was-bogus-company-says"><span style="font-weight: 400;">revealed</span></a><span style="font-weight: 400;"> in August, when the </span><i><span style="font-weight: 400;">Los Angeles Times</span></i><span style="font-weight: 400;"> reported that a poll by Median Strategies showing Mayor Karen Bass "leading ahead of Councilmember Nithya Raman by a wide margin" was "bogus." An earlier poll by Median Strategies </span><a href="https://www.nytimes.com/2026/08/18/polls/median-strategies-polls-bass-california-wisconsin.html"><span style="font-weight: 400;">showed</span></a><span style="font-weight: 400;"> Francesca Hong, who lost her race for Wisconsin governor, up by more than 20 percentage points. Median Strategies told the </span><i><span style="font-weight: 400;">Times</span></i><span style="font-weight: 400;"> that the firm was "created as a short term social experiment to examine how purported polling information could enter and spread through the political information ecosystem without independent verification."</span></p>
<p><span style="font-weight: 400;">If Wedgewood's polling stunts were in fact social experiments (pollster Nate Silver is very </span><a href="https://www.natesilver.net/p/fake-polls-are-a-real-problem"><span style="font-weight: 400;">skeptical</span></a><span style="font-weight: 400;"> of this explanation), then the experiment worked. Nobody is completely immune to deceit. And while savvy media consumers have become more attuned to detecting AI writing and video fakes, masses of people still fall for more than fake polls, as they have for a long time.</span></p>
<p><span style="font-weight: 400;">In 2018, when the word "slop" meant food for pigs and before anyone wrote posts using ChatGPT, the </span><a href="https://nymag.com/intelligencer/2018/12/how-much-of-the-internet-is-fake.html"><i><span style="font-weight: 400;">Intelligencer</span></i></a> <span style="font-weight: 400;">asked the question: "How much of the Internet is fake?" The answer, the outlet concluded, was "a lot."</span></p>
<p><span style="font-weight: 400;">At the time, </span><i><span style="font-weight: 400;">Reason's </span></i><span style="font-weight: 400;">Nick Gillespie </span><a href="https://reason.com/2018/12/27/on-the-internet-nobody-knows-youre-a-bot/"><span style="font-weight: 400;">noted</span></a><span style="font-weight: 400;"> that the article was a "sobering and obvious revelation that much of what we browse, engage, and interact with is in some fundamental way, total bullshit." Gillespie solemnly observed, "we're living not in the disintermediated, utopian world chronicled in the early days of Louis Rossetto and Jane Metcalfe's Wired, but something closer to the endlessly creative, weird, off-kilter, semi-insane world imagined by </span><a href="https://reason.com/blog/2013/11/22/more-signs-were-living-in-a-philip-k-dic"><span style="font-weight: 400;">Philip K. Dick</span></a><span style="font-weight: 400;"> and, later, </span><a href="https://reason.com/blog/2018/03/09/whose-dystopia-is-it-anyway"><span style="font-weight: 400;">Neal Stephenson</span></a><span style="font-weight: 400;">."</span></p>
<p><i></i><span style="font-weight: 400;">Eight years later, the "semi-insane" world is no less insane, and humans, as they always have, are falling prey to increasingly intricate schemes and hoaxes. In September, </span><i><span style="font-weight: 400;">Semafor</span></i><span style="font-weight: 400;">'s Max Tani </span><a href="https://www.semafor.com/article/09/02/2026/paid-actors-ai-writing-how-a-new-kind-of-video-business-cashed-in-on-americas-divided-politics"><span style="font-weight: 400;">revealed</span></a><span style="font-weight: 400;"> that a large number of YouTube videos—several of which garnered hundreds of thousands of views—were made by "ghost creators." In these videos, presented as news reports, real actors were paid to read AI-written scripts "laced with misleading claims and outright falsehoods." According to Tani, these "accounts appear to be run not by political operatives trying to win, or foreign intelligence efforts seeking to destabilize the US, but by engagement junkies detached from the stakes of politics." While any semi-media-literate person in 2026 could tell you that not all YouTube videos should be taken as fact, the scale of the operation was staggering. </span></p>
<p><span style="font-weight: 400;">The deception crisis plagues the media as well. Recently, the platform </span><a href="https://www.qwoted.com/for-media/"><span style="font-weight: 400;">Qwoted</span></a><span style="font-weight: 400;">, which connects journalists with sources, had to remove a supposed art therapy expert from its website after her "details were found to be false," reported the</span> <a href="https://pressgazette.co.uk/news/prominent-art-therapist-quoted-by-vice-forbes-and-others-is-ai-generated/"><i><span style="font-weight: 400;">Press Gazette</span></i></a><span style="font-weight: 400;">. According to the </span><i><span style="font-weight: 400;">Gazette, </span></i><span style="font-weight: 400;">the fake therapist's insights had been cited in several outlets, including </span><i><span style="font-weight: 400;">Psychology</span></i><span style="font-weight: 400;">, </span><i><span style="font-weight: 400;">Forbes</span></i><span style="font-weight: 400;">, </span><i><span style="font-weight: 400;">Glamour</span></i><span style="font-weight: 400;">, and </span><i><span style="font-weight: 400;">Vice</span></i><span style="font-weight: 400;">. I have also raised concerns about </span><a href="https://www.vice.com/en/article/gen-z-women-are-obsessed-with-becoming-trad-wives/"><span style="font-weight: 400;">news outlets</span></a><span style="font-weight: 400;"> and </span><a href="https://x.com/foxandfriends/status/2040395603121746286?s=20"><span style="font-weight: 400;">commentators</span></a><span style="font-weight: 400;"> citing polls published by </span><a href="https://reason.com/2026/04/07/lara-trump-and-katie-miller-cite-junk-poll-about-gen-z-tradwives/"><span style="font-weight: 400;">EduBirdie</span></a><span style="font-weight: 400;">, a Cyprus-based company that sells human-written academic papers to students for $8 a page (ethics aside, what a bold business model in the AI age).</span></p>
<p><span style="font-weight: 400;">So what is to be done? As Gillespie wrote in 2018, there are existing legal levers to root out fraud, but any top-down approach to squashing online lies "will be poorly applied, repressive, and ultimately arbitrary." Government-led </span><a href="https://reason.com/2021/07/15/covid-19-vaccines-misinformation-jen-psaki-white-house-biden/"><span style="font-weight: 400;">crackdowns</span></a><span style="font-weight: 400;"> on COVID-19 "misinformation" have proven him right. Outsourcing the arbitration of truth would only diminish our access to information, and no one entity, particularly the government, should be trusted to determine what is true or false. Unfortunately, the Trump administration has not learned much from the pandemic era and has instead repeatedly tried to </span><a href="https://reason.com/2024/12/19/trump-mounts-a-direct-assault-on-the-first-amendment-by-portraying-journalism-as-consumer-fraud/"><span style="font-weight: 400;">crack down on media coverage it doesn't like</span></a><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;">Ideally, media organizations would act as B.S. detectors, but clearly, they often fail to do so. So, consumers are left to wade through lies, AI hoaxes, and so-called "social experiments." This may be tedious work, but it is necessary for consumers to evolve as technologies change. This sleuthing for scams may even be enjoyable. Why pay to have your brain scrambled by Nathan Fielder's Elizabeth Holmes </span><a href="https://reason.com/2026/10/16/the-elizabeth-holmes-documentary-you-can-see-everything-is-an-act-of-radical-empathy/"><span style="font-weight: 400;">documentary</span></a><span style="font-weight: 400;"> when you can drive yourself insane by tracking down and scrutinizing widely cited statistics and polls?</span></p>
<p>The post <a href="https://reason.com/2026/10/23/worst-nathan-for-you-style-scheme-ever-a-polling-company-claimed-its-fake-polls-were-a-social-experiment/">Worst &lt;i&gt;Nathan for You&lt;/i&gt;–Style Scheme Ever? A Polling Company Claimed Its Fake Polls Were a Social Experiment.</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
							<media:credit><![CDATA[Magnific AI/Mariam Zakaidze]]></media:credit>
		<media:description type="html"><![CDATA[Ballot box with an American flag]]></media:description>
		<media:title><![CDATA[Wedgewood-Polling-Hoax]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/10/Wedgewood-Polling-Hoax-1200x675.png" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Joe Lancaster</name>
							<uri>https://reason.com/people/joe-lancaster/</uri>
						<email>joe.lancaster@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				He Won a City Council Seat by Openly Admitting How Little He Wants the Job			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/23/he-won-a-city-council-seat-by-openly-admitting-how-little-he-wants-the-job/" />
		<id>https://reason.com/?p=8407450</id>
		<updated>2026-10-24T13:26:09Z</updated>
		<published>2026-10-23T15:45:05Z</published>
			<category scheme="https://reason.com/latest/" term="Campaigns/Elections" /><category scheme="https://reason.com/latest/" term="Elections" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Canada" /><category scheme="https://reason.com/latest/" term="Local Government" /><category scheme="https://reason.com/latest/" term="Voting" />		<summary type="html"><![CDATA["I barely want to do this," Brady Rogers admitted. Voters apparently appreciated the honesty.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/10/23/he-won-a-city-council-seat-by-openly-admitting-how-little-he-wants-the-job/">
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										alt="Brady Rogers for Kelowna City Council campaign sign, featuring a man with a sullen expression alongside the slogans &quot;Under 60!&quot; and &quot;I barely want to do this.&quot; | iambradythecreator/Instagram"
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		<p>To many people, but especially libertarians, voting can feel dispiriting: By definition, every person on the ballot wants in some way to exert control over your life.</p>
<p>Perhaps that's why it's refreshing to see a candidate for office who truly seems not to want the job.</p>
<p>Brady Rogers worked as a robotics engineer for four years, but he quit in 2019 after deciding the corporate world wasn't for him.</p>
<p>"It was just a bit unfulfilling," Rogers tells <em>Reason</em>. "I wanted to do something a little more impactful with my skills&hellip;.So I left to find something else that felt worthwhile."</p>
<p>He started <a href="https://www.therogerie.com/">The Rogerie</a>, a retail store in his hometown of Kelowna, British Columbia, a <a href="https://worldpopulationreview.com/cities/canada/kelowna">city</a> of about 170,000 people. Rogers and his wife collect shredded plastic waste and extrude it into filament for 3D printers, which they use to create new housewares to sell in the shop.</p>
<p>Then earlier this year, Rogers again got the feeling that he could be doing something beneficial with his talents. This time, it meant running for the Kelowna City Council.</p>
<p>But he had to stand out in a crowded field—he would be one of 37 candidates running, and only the top eight would win a seat.</p>
<p>So, he settled on a strategy: openly admit his lack of qualifications and how little he even wanted the job.</p>
<p>"I guess I'm running for Kelowna city council," read his <a href="https://www.bradythecreator.com/">campaign website</a>. "I don't like meetings, I don't like having to be certain places at certain times, and I'm allergic to stuffy offices. But unfortunately, I happen to like Kelowna, and think I can help do some good."</p>
<p>"Do I enjoy politics? No," he adds. "Do I know what I'm doing? No. But am I qualified? Also no."</p>
<p>That lackadaisical attitude carried over into his campaign signage: <a href="https://www.instagram.com/p/Dewjx1oNbKO/">Yard signs</a> featured pictures of Rogers with sullen, shrugging expressions, alongside <a href="https://s.yimg.com/lo/mysterio/api/28e62381f417370b9bcbbd6885c757bb5b675bfbf6532a907e7716c1aa8b42cb/lightyear_networkapi/resizefill_w1200%3Bquality_80%3Bformat_webp/https%3A%2F%2Fmedia.zenfs.com%2Fen%2Funited_press_international_articles_356%2Fa95d02494e3ee8dc1c5e87df1e6a1c60.jpg">slogans</a> like "I barely want to do this" and "Let's see what happens?" In a winking reference to political <a href="https://reason.com/2024/12/23/kay-granger-like-joe-biden-is-a-symptom-of-americas-gerontocracy/">gerontocracy</a>, one sign even <a href="https://www.facebook.com/watch/?v=1028773446900158">bragged</a> that he was "Under 60!"</p>
<p>The ploy worked, and the campaign went <a href="https://fox8.com/news/candidate-goes-viral-with-humorous-signs-fine-ill-do-it/">viral</a>.</p>
<p>"I certainly thought it was clever. I thought it would work, but it was really just how I honestly felt when I started," Rogers admits. "I was pretty conflicted about committing to a four-year thing that I didn't even really fully understand the ins and outs of, but at the same time I saw the opportunity to have a bigger impact. So, I was conflicted, and I figured that's a good, honest place to start a campaign."</p>
<p>Ultimately, he won a seat: He <a href="https://localelections.ca/election_results/52_2026_results.html">placed</a> fourth out of 37 total candidates and even beat three incumbents, one of whom lost her seat.</p>
<p>The irony of Rogers' outwardly indifferent attitude is that he actually does have a policy platform: On his <a href="https://www.bradythecreator.com/platform">website</a>, he advocates finding solutions to homelessness not necessarily by spending more money but by making better use of the resources that the city and province already provide. He also notes that Kelowna taxes land and improvements at the same rate, which "means we tax someone for improving their property while relatively rewarding someone who sits on valuable, underused land." <a href="https://reason.com/2026/10/21/grassroots-revolt-targets-unpopular-property-taxes/">Writing this week</a> at <em>Reason</em>, J.D. Tuccille made a similar point.</p>
<p>Of course, Rogers' underqualified and disinterested campaign persona is only partially true—he did, after all, want the job, or at least he saw it as a viable means of improving his city.</p>
<p>Still, it's refreshing for a candidate to treat public office as something less than a higher calling.</p>
<p>Ultimately, Rogers thinks that authenticity is why his campaign caught on and was ultimately successful with voters, when many campaigns struggle to create viral moments or capitalize on social media trends. Perhaps other people could even learn from him.</p>
<p>"I think why mine worked so profoundly is that it is a little bit of humor, but immediately behind it was a legitimate platform and me as a real person with the skills and a real desire to do something," Rogers says. "And I think that resonated. I think people [have] an appetite for a new kind of politics."</p>
<p>The post <a href="https://reason.com/2026/10/23/he-won-a-city-council-seat-by-openly-admitting-how-little-he-wants-the-job/">He Won a City Council Seat by Openly Admitting How Little He Wants the Job</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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							<media:credit><![CDATA[iambradythecreator/Instagram]]></media:credit>
		<media:description type="html"><![CDATA[Brady Rogers for Kelowna City Council campaign sign, featuring a man with a sullen expression alongside the slogans "Under 60!" and "I barely want to do this."]]></media:description>
		<media:title><![CDATA[brady-rogers-kelowna-campaign-sign-Under-60]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/10/brady-rogers-kelowna-campaign-sign-Under-60-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Nick Gillespie</name>
							<uri>https://reason.com/people/nick-gillespie/</uri>
						<email>gillespie@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Could a Libertarian Swing the Texas Senate Race?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/podcast/2026/10/23/could-a-libertarian-swing-the-texas-senate-race/" />
		<id>https://reason.com/?post_type=podcast&#038;p=8405929</id>
		<updated>2026-10-23T15:06:53Z</updated>
		<published>2026-10-23T15:00:49Z</published>
			<category scheme="https://reason.com/latest/" term="Campaigns/Elections" /><category scheme="https://reason.com/latest/" term="Defense Spending" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Libertarian Party" /><category scheme="https://reason.com/latest/" term="Midterm" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Election 2026" /><category scheme="https://reason.com/latest/" term="Income tax" /><category scheme="https://reason.com/latest/" term="Libertarianism" /><category scheme="https://reason.com/latest/" term="Senate" /><category scheme="https://reason.com/latest/" term="Texas" />		<summary type="html"><![CDATA[Libertarian Senate candidate Ted Brown discusses Ken Paxton's corruption scandals, James Talarico's economic policies, and why Texas isn't as free as Republicans claim.]]></summary>
					<content type="html" xml:base="https://reason.com/podcast/2026/10/23/could-a-libertarian-swing-the-texas-senate-race/">
			<![CDATA[<p>Today's guest is <a href="https://tedbrown.org/website/">Ted Brown</a>, the Libertarian Party candidate for U.S. Senate in Texas. Brown is facing off against Republican Ken Paxton and Democrat James Talarico in a closely contested race. Brown received more than 267,000 votes in his 2024 Senate campaign and is now challenging both major parties on their commitment to individual liberty. He argues that Republicans have abandoned limited government while Democrats increasingly embrace economic policies that undermine the free market.</p>
<p>Nick Gillespie talks with Brown about Paxton's corruption scandals, Talarico's hostility toward billionaires, and why Texas ranks poorly on personal freedom despite its business-friendly reputation. Brown makes the case for returning to an Ellis Island–style immigration system, cutting federal spending to confront the $40 trillion national debt, and ending America's military involvement in the Middle East. They also discuss abortion rights, government surveillance, online age-verification laws, and how regulations drive up the cost of healthcare. Brown explains what it will take to rebuild the Libertarian Party and why he believes a senator could accomplish more by stopping bad legislation than by passing new laws.</p>
<p>&nbsp;</p>
<p>0:00—Freedom in Texas</p>
<p>4:01—Paxton's corruption</p>
<p>6:21—Talarico's platform</p>
<p>8:53—Texas governance</p>
<p>10:33—Ellis Island–style immigration</p>
<p>13:58—Abolishing the federal income tax</p>
<p>15:29—Entitlement reforms and defense spending</p>
<p>18:19—Abortion</p>
<p>21:21—Transgender healthcare</p>
<p>22:24—Age-verification laws</p>
<p>25:05—Healthcare and property insurance</p>
<p>31:22—Who is Brown appealing to?</p>
<p>33:27—The Libertarian Party</p>
<p>36:08—Brown's pitch to undecided voters</p>
<p>39:06—Threats to individual liberty</p>
<p>The post <a href="https://reason.com/podcast/2026/10/23/could-a-libertarian-swing-the-texas-senate-race/">Could a Libertarian Swing the Texas Senate Race?</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
					<link href="https://reasontv-video.s3.amazonaws.com/reasontv_audio_8405929.mp3" rel="enclosure" length="62153936" type="audio/mpeg" />
		<media:credit><![CDATA[Illustration: Fatima Ruiz]]></media:credit>
		<media:description type="html"><![CDATA[Nick Gillespies talks to Ted Brown about Texas senate race]]></media:description>
		<media:title><![CDATA[RSNInt-LibSpolier]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/10/RSNInt-LibSpolier-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Steven Greenhut</name>
							<uri>https://reason.com/people/steven-greenhut/</uri>
						<email>sgreenhut@rstreet.org</email>
					</author>
					<title type="html"><![CDATA[
				California Republicans Pushing New Voter ID Law Are Motivated by Trump's 'Stolen Election' Fantasies			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/23/california-republicans-pushing-new-voter-id-law-are-motivated-by-trumps-stolen-election-fantasies/" />
		<id>https://reason.com/?p=8407568</id>
		<updated>2026-10-23T14:40:44Z</updated>
		<published>2026-10-23T14:40:44Z</published>
			<category scheme="https://reason.com/latest/" term="Campaigns/Elections" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Ballot Initiatives" /><category scheme="https://reason.com/latest/" term="California" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Election 2026" /><category scheme="https://reason.com/latest/" term="Republican Party" /><category scheme="https://reason.com/latest/" term="Voter ID" />		<summary type="html"><![CDATA[Proposition 39's requirements aren't overly obtrusive, only unnecessary.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/10/23/california-republicans-pushing-new-voter-id-law-are-motivated-by-trumps-stolen-election-fantasies/">
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		<p style="font-weight: 400;">Supporters of <a href="https://voterguide.sos.ca.gov/propositions/39/" data-saferedirecturl="https://www.google.com/url?q=https://voterguide.sos.ca.gov/propositions/39/&amp;source=gmail&amp;ust=1792851305030000&amp;usg=AOvVaw1dAZ1_vPKQx5ayzo4B22tO">Proposition 39</a>, the statewide ballot initiative that would implement additional Voter ID requirements for California elections, pitch the measure as a "common-sense reform to increase trust and participation in our elections." Its sponsor, Assembly member Carl DeMaio (R–San Diego), touts widespread support for such measures by Democratic, Republican, and independent voters.</p>
<p style="font-weight: 400;">Yet the latest polls show the measure tanking, with a Public Policy Institute of California <a href="https://www.ppic.org/publication/ppic-statewide-survey-californians-and-their-government-september" data-saferedirecturl="https://www.google.com/url?q=https://www.ppic.org/publication/ppic-statewide-survey-californians-and-their-government-september&amp;source=gmail&amp;ust=1792851305030000&amp;usg=AOvVaw2Vyf5Qi3cL30iIdDR7wRxZ">survey</a> last month showing it losing 55 percent to 43 percent—dismal numbers this late in the election season. The official ballot <a href="https://voterguide.sos.ca.gov/propositions/39/arguments-rebuttals.htm" data-saferedirecturl="https://www.google.com/url?q=https://voterguide.sos.ca.gov/propositions/39/arguments-rebuttals.htm&amp;source=gmail&amp;ust=1792851305030000&amp;usg=AOvVaw1Go90MSJUqdCUNiKcYGt80">arguments</a> provide some insight into the reasons. While supporters stick with their "nonpartisan" shtick, opponents tie the measure to President Donald Trump's election denialism.</p>
<p style="font-weight: 400;">"Stop Trump from rigging our elections. <em>Don't believe the lies.</em> Prop. 39 MAKES VOTING HARDER, MORE EXPENSIVE, AND LESS SAFE for Californians," per the "no" argument. It refers to the measure's funding from "MAGA rightwing billionaires." That point was reinforced by a recent <em>CalMatters</em> <a href="https://calmatters.org/politics/2026/10/california-election-voter-id-proposition-39/" data-saferedirecturl="https://www.google.com/url?q=https://calmatters.org/politics/2026/10/california-election-voter-id-proposition-39/&amp;source=gmail&amp;ust=1792851305030000&amp;usg=AOvVaw3UmnMfIZrbJaXnbqrAgxhc">report</a> showing large donations from "deep-pocketed Republican donors." The publication says it's a "signal that conservatives view Prop. 39 as a test of support for future battleground states in the broader push by&hellip;Trump to tighten voter restrictions."</p>
<p style="font-weight: 400;">That's a fair assessment. In a Democratic state where the president's <a href="https://www.yahoo.com/news/politics/articles/poll-tracker-shows-donald-trumps-165430927.html" data-saferedirecturl="https://www.google.com/url?q=https://www.yahoo.com/news/politics/articles/poll-tracker-shows-donald-trumps-165430927.html&amp;source=gmail&amp;ust=1792851305030000&amp;usg=AOvVaw1qyxv_pZIYt0VWfJ8OJ57i">approval ratings</a> are 24 percent in one poll, it's hard to imagine that most voters will spend much time thinking about the ins and outs of election policy and analyze the measure based on its specifics. They'll no doubt see it for what it largely is: a Republican Party effort to aid and abet Trump's unfounded election conspiracies. That said, its requirements aren't overly obtrusive, only unnecessary.</p>
<p style="font-weight: 400;">Currently, Californians must show a state identification or provide the last four digits of their Social Security Number when registering. No identification is needed to vote in person, but election officials use signature verification for vote-by-mail envelopes. Around 90 percent of Californians vote that way, so the main issue involves the requirement that voters add the last four digits from their government IDs on the outside of the envelope—thus adding an <a href="https://calbudgetcenter.org/resources/proposition-39-explained-what-voter-id-would-mean-for-california/" data-saferedirecturl="https://www.google.com/url?q=https://calbudgetcenter.org/resources/proposition-39-explained-what-voter-id-would-mean-for-california/&amp;source=gmail&amp;ust=1792851305030000&amp;usg=AOvVaw1gXM9zRVhlcAXuSVhYpmpI">additional checkpoint</a> (and sadly an additional opportunity for identity theft).</p>
<p style="font-weight: 400;">There's no need to worry about <a href="https://lao.ca.gov/BallotAnalysis/Proposition?number=39&amp;year=2026" data-saferedirecturl="https://www.google.com/url?q=https://lao.ca.gov/BallotAnalysis/Proposition?number%3D39%26year%3D2026&amp;source=gmail&amp;ust=1792851305030000&amp;usg=AOvVaw1W3vGXIc6XSk9mclGANAhu">compliance costs</a> for election agencies, as it's their job to administer elections. The measure likely will marginally reduce voter participation (by increasing disqualified ballots, even from legal voters if they forgot the ID they used when they registered), while marginally increasing security. It would force many Californians to <a href="https://www.latimes.com/california/newsletter/2026-09-28/skelton-monday-politics-newsletter-voter-id" data-saferedirecturl="https://www.google.com/url?q=https://www.latimes.com/california/newsletter/2026-09-28/skelton-monday-politics-newsletter-voter-id&amp;source=gmail&amp;ust=1792851305030000&amp;usg=AOvVaw1MVvuX3N_wXkYp7nIBtnkg">re-register</a>, which is a hassle. It would no doubt burden our excruciatingly slow ballot counting.</p>
<p style="font-weight: 400;">I don't have any theoretical problem with requiring an identification before voting, but California's elections are remarkably secure. There's no evidence of widespread fraud. Basically no one risks prison time by <a href="https://www.brennancenter.org/our-work/research-reports/resources-voter-fraud-claims" data-saferedirecturl="https://www.google.com/url?q=https://www.brennancenter.org/our-work/research-reports/resources-voter-fraud-claims&amp;source=gmail&amp;ust=1792851305030000&amp;usg=AOvVaw3SU1zOg1kKy3dnGdk2dD7O">pretending to be someone else on a ballot</a>. It's not about fixing a problem.</p>
<p style="font-weight: 400;">Since his defeat in 2020, Trump has traded in election conspiracy theories. The new GOP game is to trot out evidence-free election-fraud claims whenever they lose. We shouldn't play along. Despite the nonpartisan rhetoric, Proposition 39 is the state GOP's way of leaning into Trump's priorities and, as that <em>CalMatters</em> article <a href="https://calmatters.org/politics/2026/10/california-election-voter-id-proposition-39/" data-saferedirecturl="https://www.google.com/url?q=https://calmatters.org/politics/2026/10/california-election-voter-id-proposition-39/&amp;source=gmail&amp;ust=1792851305030000&amp;usg=AOvVaw3UmnMfIZrbJaXnbqrAgxhc">noted</a>, build momentum for less-defensible nationwide restrictions—apparently the only way Republicans think they can build a lasting majority. The measure won't do much damage in California as it's fairly modest, but it energizes the party's worst instincts.</p>
<p style="font-weight: 400;">Consider what DeMaio wrote in 2024 about his <a href="https://www.reformcalifornia.org/news/demaio-releases-7-point-plan-to-overhaul-broken-ca-republican-party" data-saferedirecturl="https://www.google.com/url?q=https://www.reformcalifornia.org/news/demaio-releases-7-point-plan-to-overhaul-broken-ca-republican-party&amp;source=gmail&amp;ust=1792851305030000&amp;usg=AOvVaw0jclIek5R0QAP3eMgdud54">seven-point plan</a> to overhaul the state GOP: "Do you remember a time when Republicans controlled a majority of statewide offices in California and were competitive in the state Legislature and congressional delegations?" He rightly blames the party itself, then offers his first item on a platform to revive it: "Make election integrity CAGOP's top ballot priority." I, too, would prefer more competitive California elections, but my first point would be for the GOP to make a better case for fixing California's messes.</p>
<p style="font-weight: 400;">Others see the measure as a means to gin up Republican turnout for a November election that's going to be a referendum on Trump by giving them some high-excitement issue to rally around. But some savvy <a href="https://www.rawstory.com/gop-midterms-2677796283/" data-saferedirecturl="https://www.google.com/url?q=https://www.rawstory.com/gop-midterms-2677796283/&amp;source=gmail&amp;ust=1792851305030000&amp;usg=AOvVaw15xp4hs1TPgHqYH016O-Ja">political observers</a> think that it might backfire. We'll see, but it reminds me that the California GOP has too long relied on cute strategies rather than good candidates.</p>
<p style="font-weight: 400;">What about supporters' main claim that Voter ID is necessary because it will restore voters' flagging trust in election integrity? Well, Republicans are the ones who don't trust our elections—and that's precisely because Trump spent the last six years poisoning the well. Do you really believe the people who think MAGA Republican Spencer Pratt could have only lost a Los Angeles mayoral primary (where only 15.9 percent of <a href="https://en.wikipedia.org/wiki/California_locations_by_voter_registration" data-saferedirecturl="https://www.google.com/url?q=https://en.wikipedia.org/wiki/California_locations_by_voter_registration&amp;source=gmail&amp;ust=1792851305030000&amp;usg=AOvVaw24_RUO_zyIsKZUNpMmMlUj">voters</a> are Republicans) because of fraud will have their faith restored if Proposition 39 becomes law? Doubtful.</p>
<p style="font-weight: 400;">Republicans can restore their fortunes by acting normal again. The rest of us needn't enable them by backing a measure based on an election-integrity fantasy.</p>
<p style="font-weight: 400;"><em>This column was <a href="https://www.ocregister.com/2026/10/16/steven-greenhut-voter-id-initiative-is-transparent-ploy-to-boost-state-gop/">first published</a> in The Orange County Register.</em></p>
<p>The post <a href="https://reason.com/2026/10/23/california-republicans-pushing-new-voter-id-law-are-motivated-by-trumps-stolen-election-fantasies/">California Republicans Pushing New Voter ID Law Are Motivated by Trump&#039;s &#039;Stolen Election&#039; Fantasies</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Sipa USA/Chris Beckett/ZUMA Press/Newscom  Photo: Florin Seitan/Dreamstime.com]]></media:credit>
		<media:description type="html"><![CDATA[President Trump and a U.S. voting station]]></media:description>
		<media:title><![CDATA[trump-CA-Prop-39]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/10/trump-CA-Prop-39-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				"The District Court—or Perhaps, Being Charitable, Its AI Agent—Ignored and Manipulated Governing Law, Apparently to Satisfy a Policy Agenda"			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/10/23/the-district-court-or-perhaps-being-charitable-its-ai-agent-ignored-and-manipulated-governing-law-apparently-to-satisfy-a-policy-agenda/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8407572</id>
		<updated>2026-10-23T14:35:32Z</updated>
		<published>2026-10-23T14:35:32Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="AI in Court" />		<summary type="html"><![CDATA[A short excerpt from the long opinion in Jackson Fed. of Teachers v. Fitch, decided yesterday by Fifth Circuit Judge&#8230;
The post &#34;The District Court—or Perhaps, Being Charitable, Its AI Agent—Ignored and Manipulated Governing Law, Apparently to Satisfy a Policy Agenda&#34; appeared first on Reason Magazine.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/10/23/the-district-court-or-perhaps-being-charitable-its-ai-agent-ignored-and-manipulated-governing-law-apparently-to-satisfy-a-policy-agenda/">
			<![CDATA[<p>A short excerpt from the long opinion in <a href="https://www.ca5.uscourts.gov/opinions/pub/25/25-60496-CV0.pdf"><em>Jackson Fed. of Teachers v. Fitch</em></a>, decided yesterday by Fifth Circuit Judge Jerry Smith, joined by Judge Kurt Engelhardt:</p>
<blockquote><p>In April 2025, Mississippi enacted House Bill 1193 (H.B. 1193), a law designed to keep Mississippi public education funds from being spent on diversity, equity, and inclusion ("DEI") initiatives and similar controversial programs. The law prevents government-run institutions from requiring activities such as diversity training or pushing DEI ideology, so defined, in the course of government-funded business.</p>
<p>H.B. 1193 does four main things. First, it prevents educational institutions from mandating DEI programs and diversity trainings in a variety of contexts. Second, it stops public educational institutions from punishing students for their views on DEI. Third, it prohibits regulated institutions from endorsing or promoting DEI through course materials. Finally, it prevents institutions and their educators from otherwise engaging in DEI methods or actions, preventing bad actors from circumventing prohibitions and frustrating its purposes. The statute also creates an administrative process to handle claims that a given educational institution is not in compliance. H.B. 1193 excepts several activities from its sweep, including scholarly work, the activities of students and their groups, and creative engagement.</p></blockquote>
<p>Plaintiffs sued, claiming (among other things) that the law violated the First Amendment, but:</p>
<blockquote><p>The proceedings in the district court were a botch job, to say the least. Judge Henry Wingate issued a temporary restraining order ("TRO") enjoining enforcement of H.B. 1193 that contained several factual assertions nowhere to be found in the record, or indeed, in any proceeding of the case. Those included mention of plaintiffs and defendants not in the complaint, supposed "declarations" from non-existent or never-present individuals, false quotations purporting to be taken from the text of H.B. 1193, and several erroneous claims that the law had already led to the demise of apparently fictitious programs.</p>
<p>After this came to light, Judge Wingate replaced the TRO without explaining.</p>
<p>Forging forward despite the bungled TRO, Judge Wingate issued a pre-enforcement preliminary injunction. The various state defendants appeal.</p>
<p>At oral argument in this court, it was discovered that even the "corrected" TRO—which was incorporated by reference into the preliminary injunction order—still contained hallucinated information (namely, a citation to a purported Fourth Circuit case, "<em>Cousins v. School Bd. of City of Norfolk</em>," that does not exist).</p></blockquote>
<p><span id="more-8407572"></span></p>
<blockquote><p>This district judge carelessly exercised his Article III power by issuing sloppy edicts based on falsehoods and fabrications. Upon discovering some of these falsehoods, Judge Wingate dug in his heels and claimed that the hallucinated claims had no bearing on its reasoning; he offered no explanation as to why he included such apparently irrelevant material in the original TRO or why the TRO nevertheless was justified in its absence.</p>
<p>Moreover, the district court got the law wrong. The TRO and preliminary injunction order rested on impoverished legal analysis that barely paid lip-service to the precedents of the Supreme Court or this court, seeming at times purposely to misconstrue the law by manipulating the words of statutes and cases, without regard to their texts' meaning as a whole. The district court—or perhaps, being charitable, its AI agent—ignored and manipulated governing law, apparently to satisfy a policy agenda.</p>
<p>Because of the extraordinarily grave errors by the district court, we vacate and remand for assignment to a different district judge. Per the Supreme Court's decision in <em>Moody</em>, we instruct the new judge to conduct proceedings consistent with federal law as interpreted by the Supreme Court and this circuit&hellip;.</p>
<p>The original TRO—the one actually issued on July 20, 2025—named as plaintiffs eleven individuals and organizations who had never been party to the case; named as defendants two officials who were not actually sued; claimed, without evidence, that three post-secondary institutions had already cancelled DEI initiatives or programming because of the act; further declared, again without evidence, that staff at another school had been told not to discuss certain topics, including "historical interpretations involving systemic racism"; misquoted H.B. 1193 as applying to "race or sex stereotyping," "race or sex scapegoating," "critical race theory," and "institutional bias," despite none of these terms' appearing in the act's text; and referenced purported declarations of four individuals who do not appear in the record at all and may not even exist&hellip;.</p>
<p>On July 22, 2025, defendants filed a motion to clarify, pointing out these errors. In response, the court, without explanation, replaced the original TRO with a seemingly corrected version. Though that document was docketed on July 22, it was backdated to July 20. Defendants requested that the original order be restored to the docket to keep the record whole and requested that the court explain the inaccuracies in the original order. The district court denied that motion, claiming the factual inaccuracies were merely "clerical."</p>
<p>In response, U.S. Senator Chuck Grassley accused the district court of using artificial Intelligence ("AI") to prepare the TRO, with the substantive errors' arising from AI-generated hallucinations. Fifteen days later, Judge Wingate admitted the errors, claiming that a law clerk had used AI to assist drafting an earlier version of the TRO that was docketed by mistake. His letter stated that he had removed the original TRO from the docket to avoid confusion and that the errors were clerical, in his view, because they did not relate to "core legal reasoning or the ultimate judgment on the merits" but instead to "failure to confirm the accuracy of certain information."</p>
<p>The seemingly corrected TRO did not explain how or why the factual inaccuracies were not necessary to the reasoning of the original TRO. The merits analysis failed to cite a binding authority from after the year 2000. It claims that H.B. 1193 constitutes viewpoint discrimination, without any analysis whatsoever of a state government's authority to regulate its own speech. And the document did not correct all of the errors: At Fifth Circuit oral argument, it was discovered that the doctored TRO cited to "<em>Cousins v. School Bd. of City of Norfolk</em>, 503 F.2d 422, 426–27 (4th Cir. 1974)." That case does not even exist; it is an apparent AI hallucination&hellip;.</p></blockquote>
<p>Judge Catharina Haynes did not join these parts of the opinion.</p>
<p>There's also some interesting First Amendment analysis in the case, which I hope to blog about later today. (I'm tied up for the next several hours.) Thanks to <a href="https://x.com/willchamberlain/status/2113443606950289888">@WillChamberlain</a> and Glenn Reynolds (<a href="http://instapundit.com/">Instapundit</a>) for the pointer.</p>
<p>Anthony M. Shults, Justin Lee Matheny, Rex Morris Shannon, III, and Scott G. Stewart represent defendants.</p>
<p>The post <a href="https://reason.com/volokh/2026/10/23/the-district-court-or-perhaps-being-charitable-its-ai-agent-ignored-and-manipulated-governing-law-apparently-to-satisfy-a-policy-agenda/">&quot;The District Court—or Perhaps, Being Charitable, Its AI Agent—Ignored and Manipulated Governing Law, Apparently to Satisfy a Policy Agenda&quot;</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Peter Suderman</name>
							<uri>https://reason.com/people/peter-suderman/</uri>
						<email>peter.suderman@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Family Separation Drama Fjord Is a Haunting Depiction of Unchecked State Power			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/23/family-separation-drama-fjord-is-a-haunting-depiction-of-unchecked-state-power/" />
		<id>https://reason.com/?p=8407550</id>
		<updated>2026-10-23T14:14:10Z</updated>
		<published>2026-10-23T14:14:10Z</published>
			<category scheme="https://reason.com/latest/" term="Culture" /><category scheme="https://reason.com/latest/" term="Movies" /><category scheme="https://reason.com/latest/" term="Religion" /><category scheme="https://reason.com/latest/" term="Family" /><category scheme="https://reason.com/latest/" term="Free-Range Kids" /><category scheme="https://reason.com/latest/" term="Hollywood" /><category scheme="https://reason.com/latest/" term="Norway" />		<summary type="html"><![CDATA[This is what it looks like when your children are taken by the state. ]]></summary>
					<content type="html" xml:base="https://reason.com/2026/10/23/family-separation-drama-fjord-is-a-haunting-depiction-of-unchecked-state-power/">
			<![CDATA[		<div class="img-wrap">
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					style="max-width: 100%; height: auto"
					width="1200"
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										alt="A scene from &quot;Fjord&quot; | Forum Film România"
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		</div>
		<p><i><span style="font-weight: 400;">Fjord</span></i><span style="font-weight: 400;"> is a movie about having your children taken by the state. The tone is calm, clinical, measured, and by the books. No violence is depicted on screen. People rarely even raise their voices. Everything unfolds in the distant and impersonal style of bureaucratic procedure. </span></p>
<p><span style="font-weight: 400;">But the movie, which won the Palme d'Or at this year's Cannes Film Festival, </span><span style="font-weight: 400;">is utterly enraging, a fierce, ferocious, gut-punch of a film. It's a haunting portrait of the consequences of unchecked state power, especially the kind that purports to be for one's own good.</span></p>
<p><span style="font-weight: 400;">Much of the film's power comes from the fact that it simply depicts what happens when a person, or a family, comes under suspicion by the state. There's no commentary, no lecturing, no big speech at the end. Instead, writer-director </span><span style="font-weight: 400;">Cristian Mungiu, a Romanian filmmaker whose sympathies are clearly with the family, simply shows us, unblinking, what it's like to lose one's rights and freedoms at the hands of a bureaucracy that respects no power and no authority but its own. </span></p>
<p><span style="font-weight: 400;">When the film begins, the </span><span style="font-weight: 400;">Gheorghiu</span><span style="font-weight: 400;"> family—a mother (Renate Reinsve), father (Sebastian Stan), and their five children—moves from Romania to a small town in Norway. Soon, school authorities notice the children have bruises. We in the audience know the bruises weren't caused by the parents, but the children, who don't speak Norwegian, give conflicting statements. After being brought in for questioning by the police, the father admits to sometimes spanking or lightly slapping his children on the behind, for correction. In order to go free, he's required to sign a statement that contorts his words, making his admission of spanking sound like something more sinister and violent. </span></p>
<p><span style="font-weight: 400;">He's also a conservative Christian, which has caused some social tension: He's played Christian music, without singing the lyrics, on a piano at school, a no-no in a state that strictly curbs proselytizing. School officials are concerned that he requires his children to pray and study the Bible; the children aren't allowed to play video games or watch YouTube. One of his children spoke out against homosexuality in school during a session on gender. There's suspicion among the teachers and administrators that he might be indoctrinating his kids.</span></p>
<p><span style="font-weight: 400;">So the school authorities alert Child Protection, Norway's powerful family bureaucracy. They remove the kids, including a breastfeeding baby, from their parents' custody and place them in three separate foster homes. At first the parents are allowed no visitation, and they are not told where the children are located.</span></p>
<p><span style="font-weight: 400;">Then they go to court, initially for a civil trial, but with a criminal trial for child abuse looming in the background. As the legal process proceeds, they are told repeatedly that essentially anything they do to fight for their children will make the outcome worse. The state wants compliance and admission that they wrongly abused their kids. But if they admit to abusing their kids, doesn't that give the state evidence they are unfit to parent? Doesn't that make the criminal trial more likely to go against them? As their own, mostly sympathetic lawyer, informs the two parents, "Frankly unless you convince them that you understand and regret it, the risk of you going to prison is considerable." </span></p>
<p><span style="font-weight: 400;">Later, at the trial, a representative from Child Protection calmly says there's no reason to believe children might be better off with their biological parents, noting the family's restrictions on video games, internet, and YouTube. In their view, the state knows what's best for the kids; the culturally backward, religious conservative parents do not. It's not for nothing that one character, a conservative political figure from Romania who has come to help publicize the situation, analogizes the power of Child Protection to the power of the Soviet state. </span></p>
<p><span style="font-weight: 400;">Part of what makes Fjord so effective is its lack of sermonizing. You don't have to be a trad, a conservative, a family values evangelical, to see that what's happening to the </span><span style="font-weight: 400;">Gheorghiu</span><span style="font-weight: 400;"> family is simply wrong. They are railroaded by an imperious bureaucratic state that distorts reality to turn them into villains, with the goal of separating children from their parents and each other. Who are the real child abusers here? </span></p>
<p><span style="font-weight: 400;">The story is fictionalized, but not hypothetical. </span><i><span style="font-weight: 400;">Fjord</span></i><span style="font-weight: 400;"> is based on the true story of </span><a href="https://www.bbc.com/news/magazine-36026458"><span style="font-weight: 400;">the Bodnariu family</span></a><span style="font-weight: 400;">, conservative Romanian immigrants whose five children were taken from them by the Norwegian state in the 2010s on similarly flimsy justifications. The family eventually left Norway. </span><span style="font-weight: 400;">After watching </span><i><span style="font-weight: 400;">Fjord</span></i><span style="font-weight: 400;">, </span><span style="font-weight: 400;">it isn't hard to see why. </span></p>
<p>The post <a href="https://reason.com/2026/10/23/family-separation-drama-fjord-is-a-haunting-depiction-of-unchecked-state-power/">Family Separation Drama &lt;i&gt;Fjord&lt;/i&gt; Is a Haunting Depiction of Unchecked State Power</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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		</content>
							<media:credit><![CDATA[Forum Film România]]></media:credit>
		<media:description type="html"><![CDATA[A scene from "Fjord"]]></media:description>
		<media:title><![CDATA[Screenshot 2026-10-23 at 8.23.28 AM]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/10/Screenshot-2026-10-23-at-8.23.28-AM-1200x675.png" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eric Boehm</name>
							<uri>https://reason.com/people/eric-boehm/</uri>
						<email>Eric.Boehm@Reason.com</email>
					</author>
					<title type="html"><![CDATA[
				The Man Who Saved the Internet			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/10/23/the-man-who-saved-the-internet/" />
		<id>https://reason.com/?p=8407526</id>
		<updated>2026-10-23T13:30:11Z</updated>
		<published>2026-10-23T13:30:11Z</published>
			<category scheme="https://reason.com/latest/" term="Artificial Intelligence" /><category scheme="https://reason.com/latest/" term="Technology" /><category scheme="https://reason.com/latest/" term="Corruption" /><category scheme="https://reason.com/latest/" term="Cybersecurity" /><category scheme="https://reason.com/latest/" term="Department of Homeland Security" /><category scheme="https://reason.com/latest/" term="DHS" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Hackers" /><category scheme="https://reason.com/latest/" term="Internet" /><category scheme="https://reason.com/latest/" term="Reason Roundup" /><category scheme="https://reason.com/latest/" term="Trump Administration" /><category scheme="https://reason.com/latest/" term="Virginia" />		<summary type="html"><![CDATA[Plus: How to be more secure in an age of AI hacking, more Trump administration corruption allegations, Virginia Democrat indicted for marijuana scheme, and more...]]></summary>
					<content type="html" xml:base="https://reason.com/2026/10/23/the-man-who-saved-the-internet/">
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		<p><strong>If you're reading this, then the internet still works. </strong>But that's something that we shouldn't necessarily take for granted after this week's <a href="https://www.nytimes.com/2026/10/22/world/php-vulnerability-websites-cybersecurity-ai.html">global cybersecurity meltdown</a>.</p> <p>"Think of it this way: someone discovered that millions of buildings in the country have the same broken lock, and now everyone knows how to open it," writes Matt Shumer in <a href="https://x.com/mattshumer_/status/2113360930876580337">a lengthy post on X</a> about the situation. "The lock maker has sent out a fix, but every building owner has to install it themselves, and many haven't yet."</p> <p>That <a href="https://apnews.com/article/php-websites-fbi-europe-vulnerability-a0af9576808a0963efca8df14d4b5183">massive vulnerability</a> was identified with the help of AI, but the <a href="https://x.com/Gedmark/status/2113449401058541960">growing capabilities</a> of AI-powered hackers mean that vulnerabilities can be <a href="https://x.com/eastdakota/status/2113079352682570051?s=20">exploited much more rapidly</a> too.</p> <p>This is the world we live in now. In August, more than 100 tech companies <a href="https://www.bbc.com/news/articles/cwyz11475l1o">signed a letter warning</a> about exactly this possibility. On Thursday, one of Anthropic's top information security officers <a href="https://x.com/JasonDClinton/status/2113325263157395456">wrote</a> that cybersecurity threats "are going to get a lot worse before they get better." Major banks are <a href="https://gizmodo.com/blindsided-by-ai-agents-big-banks-scramble-to-beef-up-security-2000829358">rushing to secure themselves</a> after reports of autonomous agents <a href="https://www.axios.com/2026/10/22/ai-agents-banks-unauthorized-accounts-access?utm_campaign=mrf-utm_source=x&amp;utm_medium=organic_social&amp;utm_campaign=editorial&amp;utm_source=twitter&amp;utm_medium=social&amp;mrfcid=202610226ad71f84ad70822fa1c45f10">operating inside accounts</a> (though many of them may have been authorized by account holders).</p> <p>This is unlikely to be the last incident like this. Cybersecurity firm CrowdStrike <a href="https://www.cybersecuritydive.com/news/agentic-ai-cyberattacks-harnesses-crowdstrike/833714/">says</a> it saw twice as many "agentic intrusions" (hacking done by an autonomous or semiautonomous AI) in August as in July, and then the number doubled again in September.</p>  <p>Scary stuff, for sure. As is usually the case, however, prevention is better than panic.</p> <p>Shumer's <a href="https://x.com/mattshumer_/status/2113360930876580337">post</a> contains many helpful suggestions for better online security—it is particularly important to secure your email accounts, since that is the gateway to so much of what we do online. Here's <a href="https://x.com/itsolelehmann/status/2113293514079666245">a 15-step plan</a> to stay more digitally secure in the AI age. (And if you're <em>really</em> worried about everything falling to bits, <em>Reason</em>'s <a href="https://reason.com/2018/05/31/off-grid-survival-for-you-and/">got you covered there too</a>.) If your devices and browsers have updates available, install them. And for the love of digital gods, don't click on random links in strange emails!</p> <p><strong>The man who (maybe) saved the internet? </strong>There is an old <a href="https://xkcd.com/">XKCD</a> webcomic—and I'm dating myself as a very specific type of millennial by even referencing that—that seems to perfectly sum up what happened this week. Here it is:</p> <figure class="aligncenter wp-image-8407549"><img decoding="async" class="aligncenter wp-image-8407549" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/10/XKCD-Dependancy.jpg" alt="" width="444" height="500" data-credit="Source: https://xkcd.com/2347" srcset="https://reason.com/wp-content/uploads/2026/10/XKCD-Dependancy.jpg 670w, https://reason.com/wp-content/uploads/2026/10/XKCD-Dependancy-267x300.jpg 267w" sizes="(max-width: 444px) 100vw, 444px" /><figcaption>Source: https://xkcd.com/2347</figcaption></figure> <p>Here's the craziest part: That's basically true! Except the one random person lives in Czechia instead of Nebraska. His name is Ondřej Surý, and <em>The</em> <em>Atlantic</em>'s Charlie Warzel <a href="https://www.theatlantic.com/technology/2026/10/man-who-saved-internet-php-vulnerability/689123/">found him</a>:</p> <blockquote><p>Surý, who lives in Czechia, does not work for the PHP Foundation. But alongside his day job as director of domain-name-system engineering at the nonprofit Internet Systems Consortium, in a volunteer capacity, he maintains and helps automate patches for the coding language. His work, with that of just a handful of others, has allowed countless websites and organizations to fix these vulnerabilities quickly. Over the past 48 hours, he's become arguably the unsung hero of the entire internet—despite the fact that the only compensation he receives is from modest donations. "Ondřej will save the internet today," a user in the PHP Subreddit wrote.</p></blockquote> <p>In the war between AI hackers and AI defenders, it's still humans who are the heroes. At least for now.</p> <hr /> <p><strong>Art of the steal. </strong>Yesterday, in this space, I detailed how <a href="https://reason.com/2026/10/22/the-swamp-king/">voters are fed up</a> with the Trump administration's seemingly endless stream of corruption. But it's been a whole 24 hours, which means there is yet another scandal in the news—thanks to a <em>Vanity Fair</em> <a href="https://www.vanityfair.com/story/jared-kushner-hacked-phone-secret-negotiations">article</a> about President Donald Trump's son-in-law Jared Kushner.</p> <p>The article is an excerpt from <a href="https://www.simonandschuster.com/books/Princes-and-Thieves/Matthew-Cole/9781668095324">a forthcoming book</a>. In it, author Matthew Cole claims that Dutch investigators gained access to Kushner's phone with the help of Russian hackers. The evidence from the phone and other sources shows that Kushner has been taking money from the governments of Saudi Arabia and the United Arab Emirates to "push their agenda with Trump."</p> <p>Kushner <a href="https://x.com/jaredkushner/status/2113376217415958767">says</a> the article's claims are "outrageous and categorically false."</p> <p><strong>But wait, there's yet another corruption story. </strong>The Justice Department is reportedly probing whether Trump ally Corey Lewandowski profited from his role as a top adviser at the Department of Homeland Security (DHS). <em>The Washington Post </em>reports that the investigation is based on a referral from the DHS inspector general and is focused on "contracting fraud."</p> <p>It may or may not be connected to other allegations that surfaced in September, when <em>The Wall Street Journal</em> <a href="https://www.wsj.com/politics/policy/corey-lewandowski-influence-dhs-43d3fe03?mod=article_inline">reported</a> that Lewandowski approached officials in Qatar and the UAE about being hired to help with "visa issues" and other matters.</p> <p>In both matters, Lewandowski has denied the allegations. He's no longer working for the department, having been <a href="https://www.politico.com/news/2026/03/27/dhs-lewandowski-left-with-noem-00849313">fired earlier this year</a> <a href="https://reason.com/2026/02/13/how-much-is-kristi-noems-alleged-adultery-airplane-costing-you/">amid a messy scandal</a> involving then–DHS Secretary Kristi Noem, who was also canned.</p> <hr /> <p><strong><em>Scenes from Virginia: </em></strong>Federal prosecutors <a href="https://www.justice.gov/opa/media/1467596/dl?inline">indicted</a> state Sen. L. Louise Lucas (D–Portsmouth), one of the most powerful Democrats in Virginia, on <a href="https://www.justice.gov/opa/pr/virginia-state-senator-indicted-leading-criminal-marijuana-distribution-enterprise">charges of racketeering and money laundering</a> in connection with illegal marijuana sales. (Don't get me started on how dumb it is that recreational marijuana use has been legal here since 2021, but <a href="https://cca.virginia.gov/laws">commercial sales are still forbidden</a>. If it's legal to use something, it should be legal to sell it!)</p> <p>Lucas pushed the <a href="https://www.scotusblog.com/2026/05/court-denies-virginias-request-to-reinstate-congressional-map-that-would-benefit-democrats/">failed</a> Virginia <a href="https://reason.com/2026/04/22/virginias-grotesque-gerrymander-and-the-bipartisan-death-of-redistricting-reform/">redistricting effort</a> and has been an outspoken critic of Trump. She plans to <a href="https://x.com/nbcbayarea/status/2113344673766838710">fight the charges</a>. Virginia Gov. Abigail Spanberger, also a Democrat, said <a href="https://www.wtvr.com/news/local-news/lucas-charges-spanberger-reacts-oct-22-2026">in a statement</a> that the timing of the indictment, just days before the midterm elections, "further erodes the trust the American people deserve to have in the Department of Justice."</p> <hr /> <h2>QUICK HITS</h2> <ul> <li>"The last thing José García-Sorto remembers after being shot in the chest is being pulled from his car, pinned to the pavement and handcuffed, his blood pooling around him on a Phoenix interstate. All he could think about was what would happen to his two young children if he died." <em>The New York Times </em>has <a href="https://www.nytimes.com/interactive/2026/10/22/us/ice-shooting-phoenix.html">a harrowing account</a> of a Honduran immigrant who was shot by immigration officers last year. He's never been charged with a crime in connection with the incident, which suggests "the authorities did not find evidence that he had put anyone in danger."</li> <li>Phil Magness and David Hebert <a href="https://reason.com/2026/10/22/peter-pan-tariffs-for-companies-that-never-grow-up/">debunk the notion that tariffs can help</a> "infant industries" grow and succeed in a global market.</li> <li>The Cato Institute's annual ranking of "<a href="https://www.cato.org/freedom-50-states/2026">Freedom in the 50 States</a>" is out. Arizona takes the top spot. How did your state do?</li> <li>Is alchemy real now? A California company <a href="https://x.com/MarathonFusion/status/2113001073019662481">claims</a> it has successfully turned mercury into gold.</li> <li>The World Series begins tonight, and it ought to be terrific. Despite low payrolls, Tampa Bay and Milwaukee were the top teams in their respective leagues this year. They are deep, talented teams full of characters worth cheering—Brewers' star pitcher Jacob Misiorowski is <a href="https://www.espn.com/mlb/story/_/id/49354162/jacob-misiorowski-milwaukee-brewers-pokemon-all-star-game-2026-glove">a huge Pokémon nerd</a>; Rays' star hitter Yandy Diaz <a href="https://rayscoloredglasses.com/posts/yandy-diaz-s-incredible-journey-from-cuban-prisons-to-the-mlb-all-star-game-01h4j2wz4a3z">escaped from Cuba</a> after being imprisoned there. And this is the first World Series since 1980 to match two franchises that have never won a championship.</li> </ul><p>The post <a href="https://reason.com/2026/10/23/the-man-who-saved-the-internet/">The Man Who Saved the Internet</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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							<media:credit><![CDATA[Donfiore/Dreamstime/Midjourney]]></media:credit>
		<media:description type="html"><![CDATA[A graphic of the globe]]></media:description>
		<media:title><![CDATA[internet apocolypse]]></media:title>
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		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Today in Supreme Court History: October 23, 1991			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/10/23/today-in-supreme-court-history-october-23-1991-8/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8366114</id>
		<updated>2026-10-23T11:00:51Z</updated>
		<published>2026-10-23T11:00:51Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Today in Supreme Court History" />		<summary type="html"><![CDATA[10/23/1991: Justice Clarence Thomas takes oath.
The post Today in Supreme Court History: October 23, 1991 appeared first on Reason Magazine.
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			<![CDATA[<p>10/23/1991: <a href="https://conlaw.us/justices/clarence-thomas/">Justice Clarence Thomas</a> takes oath.</p> <figure id="attachment_8026343" aria-describedby="caption-attachment-8026343" style="width: 218px" class="wp-caption aligncenter"><img decoding="async" class="size-medium wp-image-8026343" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2019/10/1991-Thomas-218x300.jpg" alt="" width="218" height="300" srcset="https://reason.com/wp-content/uploads/2019/10/1991-Thomas-218x300.jpg 218w, https://reason.com/wp-content/uploads/2019/10/1991-Thomas-768x1056.jpg 768w, https://reason.com/wp-content/uploads/2019/10/1991-Thomas-745x1024.jpg 745w" sizes="(max-width: 218px) 100vw, 218px" /><figcaption id="caption-attachment-8026343" class="wp-caption-text">Justice Clarence Thomas</figcaption></figure><p>The post <a href="https://reason.com/volokh/2026/10/23/today-in-supreme-court-history-october-23-1991-8/">Today in Supreme Court History: October 23, 1991</a> appeared first on <a href="https://reason.com">Reason Magazine</a>.</p>
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