Last March on Instagram, Students for Life President Kristan Hawkins posted a photo showing her and two other members of the Virginia-based group standing outside Space Center Houston. According to the captions, Hawkins and her fellow activists, one of whom was holding a mobile phone, were "ordering abortion pills undercover."

A lawsuit filed last week in Harris County, which includes Houston, describes that Instagram post as "nothing more than a publicity stunt." The lawsuit, which aims to deploy a Texas abortion law championed by Students for Life against the organization, is also a publicity stunt. But while it may be effective by that measure, it faces legal challenges that will be hard to overcome.

The lawsuit, which a Texas woman who opposes her state's abortion ban filed under the pseudonym Maria Puerto with help from the reproductive rights group Amplify Legal, is supposed to highlight the vagueness and broad scope of House Bill 7, a 2025 law that authorizes private civil action to enforce state restrictions on "abortion-inducing" drugs. But Puerto's attempted act of legal jiu-jitsu seems too clever by half, relying on a dubious reading of the statute to seek "monetary compensation" it does not authorize and thereby punish anti-abortion activists for constitutionally protected advocacy.

H.B. 7, also known as the Woman and Child Protection Act, says "a person may not manufacture or distribute an abortion-inducing drug in this state" or "mail, transport, deliver, prescribe, or provide an abortion-inducing drug in any manner to or from any person or location in this state." Those prohibitions, it says, "may be enforced only through a qui tam action" against a "person" who "violates" or "intends to violate" them.

Any "person" other than a state or local official can qualify as a "relator" authorized to bring such an action. The relator can seek injunctive relief and "an amount of not less than $100,000 for each violation," plus "costs and reasonable attorney's fees." A successful relator generally receives $10,000 of that "amount," with the rest going to a "charitable organization" of his choice.

As a "person" who is not a government official, Puerto meets H.B. 7's minimal test for standing. And although H.B. 7 precludes lawsuits against pregnant women who obtain "an abortion-inducing drug," Puerto says Hawkins and the other activists "are not pregnant and were not pregnant" at the time of the Instagram post. So far, so good. But although the lawsuit asserts that Hawkins et al. "openly and flagrantly violated" the law's prohibitions, it does not explain how.

A photo accompanying a recent Mother Jones profile of Hawkins shows her and her social media coordinator, Lydia Taylor Davis, outside Space Center Houston during their "abortion-pill 'sting' stunt." Another Mother Jones photo shows Hawkins holding a mobile phone displaying what Puerto's lawsuit describes as "an order confirmation."

Judging from the Mother Jones account, it is not clear whether that description is accurate. "The scheme rapidly went off the rails," Amy Littlefield writes. "The plan was to purchase pills from a couple of services, with Hawkins posing as a male abuser while Davis pretended to be a 16-year-old—all to try to portray mail-order suppliers as reckless and dangerous. For reasons even she couldn't explain, Hawkins chose the fake name 'Wanda' as her male-abuser alter ego. But when Davis input her information, she hit a snag."

Davis was trying to order pills from the Massachusetts Medication Abortion Access Project. But according to Littlefield, that organization "had blocked Davis in its system after Students for Life teased the sting operation on social media." Hawkins "attempted to save the stunt by placing her own order, but 'Wanda' accidentally gave her age as 15," which was below the supplier's minimum age, Littlefield says. "Now a security guard was wandering over to tell them they couldn't film. Having set out to show that telemedicine services don't screen their clients, they inadvertently proved the opposite."

Puerto "will need proof that the Students for Life leaders actually obtained or intended to obtain the pills," abortion law scholar Mary Ziegler notes in Slate. "The activists may argue that the post was not in earnest, and that no one involved ever seriously intended to bring pills into Texas."

Even assuming that Hawkins et al. successfully ordered abortion pills, that conduct by itself does not fit the language of H.B. 7, which applies to people who "distribute" such drugs or who "mail, transport, deliver, prescribe, or provide" them "to or from any person or location in this state." That language encompasses out-of-state suppliers, which raises obvious concerns about extraterritorial application of Texas law. But on its face, the prohibition does not cover someone who simply orders abortion pills.

Puerto's lawyer, Amplify Legal attorney Molly Duane, argues that Hawkins et al. could be covered by the statute's reference to transportation. "What the statute says is that transporting abortion drugs from one location to another within the state is a violation of H.B. 7," Duane told The Texas Tribune. "By the plain language of the statute, this would seem to be a violation. This is the problem with writing such a confusing and vague law."

Under that theory, however, Hawkins, Davis, and the two other activists named in the lawsuit violated H.B. 7 only if they 1) successfully ordered abortion pills, 2) took delivery of them, and 3) subsequently moved them to another location within Texas. The lawsuit alleges only that they "ordered abortion pills, apparently multiple times." According to The Texas Tribune, Duane and Puerto "are hoping that the lawsuit will eventually surface more about what the defendants did with the abortion pills once they ordered them."

The lawsuit faces another obstacle. H.B. 7 does not apply to "speech or conduct protected by the First Amendment." Hawkins et al.'s efforts to show how easily state abortion bans can be circumvented certainly seem to fall into that category. "Students for Life may stress that the case targets their political speech about abortion," which is "protected under the First Amendment," Ziegler notes.

Those are not the only puzzling aspects of the lawsuit. Puerto, a 26-year-old single mother of two young children, emphasizes that she "had no choice but to continue" those pregnancies because she did not "have access to transportation or the economic resources to pay for travel out of state." The lawsuit devotes 11 paragraphs to describing the burdens imposed by her state's denial of "true reproductive rights," which she argues justifies some sort of compensation.

All of this seems legally irrelevant under H.B. 7, which does not require a relator to allege damages of any sort, let alone damages stemming from the abortion ban it aims to reinforce. "With nowhere else to turn for assistance," the lawsuit says, "Ms. Puerto is seeking financial compensation" from Hawkins et al. "in the amount of $459,782—the average cost of raising two children from birth to age 18 in the state of Texas."

Although H.B. 7 sets a minimum award of $100,000, the lawsuit notes, "there is no cap on the monetary compensation owed a relator." But the law does not describe H.B. 7 awards as "monetary compensation" for injuries allegedly suffered by the relator.

The statute's only reference to "compensatory damages" deals with lawsuits filed against H.B. 7 relators under "clawback provisions" of other states that have tried to thwart such litigation. In response to a "clawback" action, the law says, an H.B. 7 relator can seek "compensatory damages, including money damages in an amount equal to the judgment damages and costs, expenses, and reasonable attorney's fees spent in defending the action." By contrast, the bounty for proving a violation of the restrictions on abortion pills is simply "an amount."

The lawsuit itself, emphasizing the lax standards for filing a claim under H.B. 7, notes that Puerto "did not suffer an injury traceable to [the defendants'] ordering of abortion pills that can be remedied by a court." But it suggests that an award to Puerto would be appropriate given the defendants' anti-abortion activism.

The lawsuit notes that Students for Life "proudly advertised" its support for H.B. 7. Puerto complains that Hawkins et al. "ignore the immense harms and multiple deaths already attributed to Texas's cruel abortion bans" and "demean the six million Texans of reproductive age who have had their ability to decide whether and when to begin or expand a family stripped away by these bans." Whatever you make of that charge, the defendants' activism is constitutionally protected and therefore cannot support a cause of action in civil court.

"Texas is a strange place filled with vigilante statutes" that "seek to turn Texans against each other," Duane told The Texas Tribune. "But if anyone should be benefiting from these legal regimes, it's people like our client." While "putting those two things together…might be unusual," she said, "this is the situation that Texas has put its citizens in."

Depending on your perspective, you may or may not sympathize with Duane's reasoning. But it seems unlikely to pass muster as a matter of law.

The post A Texas Lawsuit Dubiously Accuses Students for Life of Violating the State's Abortion Pill Restrictions appeared first on Reason Magazine.

Matt Gaetz resigned from the U.S. House of Representatives in November 2024, shortly before the House Ethics Committee released a report accusing him of having sex with a 17-year-old girl in 2017, when he was 35, and "regularly pa[ying] women for engaging in sexual activity with him." The probe was widely discussed as a sex trafficking probe, but the ethics committee "did not find sufficient evidence to conclude that Representative Gaetz violated the federal sex trafficking statute," per its report.

Now two women have filed a civil lawsuit accusing Gaetz of sex trafficking.

The suit, filed in the U.S. District Court for the Middle District of Florida, says that Gaetz and two other men (Joel Micah Greenberg and Christopher Dorworth) broke federal anti-trafficking laws by using "their public office, power, and wealth to prey on the economic vulnerability" of Jane Doe 1 and Jane Doe 2.

Gaetz, who now hosts The Matt Gaetz Show on One America News Network, said many of the suit's allegations against him are false. "The lawsuit relies almost exclusively on a Congressional Committee report that didn't allow me to confront my accusers," he said. "Now I will finally have that chance."

On X, Gaetz posted an image of three women in bikinis seated next to bottles of beer and looking at the ocean and wrote "Jane Doe Strikes Again! Two adult women sued me today alleging they were sex trafficked to the Bahamas. I'm shocked nobody responded to their repeated cries for help, posted to instagram."

Jane Doe Strikes Again! Two adult women sued me today alleging they were sex trafficked to the Bahamas. I'm shocked nobody responded to their repeated cries for help, posted to instagram. https://t.co/HPvX2xypzs

— Matt Gaetz (@mattgaetz) October 15, 2026

This does not seem like especially helpful behavior from a public relations perspective, to say nothing of whether it's legally wise to for Gaetz to be posting to social media about the suit against him.

But Gaetz's point isn't entirely off base. The actions described in the suit against him are hardly what most people would consider sex trafficking.

Jane Doe 1 and Jane Doe 2 were adult women willingly advertising on Seeking Arrangement, a site aimed at connecting young women with rich men for mutually beneficial relationships. And by their own account, that is what went down. They were taken on trips and paid thousands of dollars while hanging out, partying, and having sex with Gaetz and his friends.

Needless to say, advertising on a sugar baby website does not make you fair game for forced prostitution or sexual assault. But nowhere in the lawsuit are forced prostitution or sexual assault alleged.

Instead, we get sentences like this: Gaetz and the other defendents "led [Jane Doe 1] to believe they could solve her financial problems as long as she kept performing sexual acts for them and their associates," states the suit. But "the money never came as a single payment that would have solved Jane Doe 1's financial issues."

So…it's sex trafficking because he didn't pay her enough at one time? I don't think that's how the law works.

Overall, it's a stretch to say that Gaetz's actions as described in this suit fall under the scope of the federal Trafficking Victims Protection Reauthorization Act. Under federal law, sex trafficking must involve an element of force, fraud, or coercion, and/or must involve commercial sex involving someone who is under age 18.

In this case, both alleged victims were in their 20s at the time of the alleged trafficking. No element of force or fraud is claimed. And the type of "coercion" alleged seems more appropriate for a college debate than a courtroom.

There was no suggestion that harm would come to the women or their families, that a job or housing would be lost, or that failure to engage in sexual activity with Gaetz and his friends would result in some sort of other (physical, reputational, legal, etc.) harm befalling them. There was nothing on Gaetz's end that would seem to arise to "coercion" under federal trafficking statute, which defines it as involving "threats of serious harm to or physical restraint against any person," a scheme to make someone believe that serious harm will befall them if they don't comply, or abuse or threatened abuse of the legal process.

The suit contains a lot about Greenberg—a former tax collector who is in prison after pleading guilty to charges that include sex trafficking—and comparatively little about Gaetz. It seemingly attempts to make up for the lack of direct allegations against him by noting findings from the Ethics Committee, even though that committee specifically said it could not find evidence of sex trafficking.

Gaetz is accused of having sex with Jane Doe 1 at a party while Jane Done 1 was on MDMA. But the suit does not accuse Gaetz of foisting drugs on her, simply saying "controlled substances circulated at the party, and Jane Doe 1 took MDMA during the evening." Nor does it say that anyone forced Jane Doe 1 to be at the party or to have sex with Gaetz.

Gaetz is also accused of paying Jane Doe thousands of dollars—never directly after sex or as a direct quid pro quo, but during the same time period during which he was having sex with her. The payments were labeled things like "Being my friend," "Being awesome," "Here," and "Just because," the suit says.

And Gaetz is accused, along with the other defendants, of paying to fly Jane Doe 1 and Jane Doe 2—whom Greenberg met through the sugar baby website and introduced to Gaetz—"to Venice Beach, Miami, Las Vegas, the Florida Keys, the Bahamas, and New York City" and paying for their hotel rooms. The suit does not say that they were forced or coerced on these trips, merely that the trips exposed them to "men they would never otherwise have met, and every part of that access, from the flights to the hotel rooms, was paid for by men, including the Defendants, who expected sex in return."

The women's lawyer told the Associated Press that there was "an exploitative power imbalance," because on one side you had a congressman and some other powerful men and on the other "young financially vulnerable women in their early twenties."

Morally speaking, that might be relevant. And for a congressman, it may have been grounds for sanction. But the fact that these women were younger and less financially successful does not make a relationship between them and Gaetz de facto "coercive" or illegal.

Age gaps in relationships—even substantial ones—are not outlawed. And relationships in which an older man is attractive precisely because he has more money and power than the younger female involved, and offers to spend it lavishly, are not uncommon. The idea that this violates federal criminal law simply showcases how distorted our ideas of sex trafficking have become.

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In the News

Children have a fundamental right to access the internet, says India's Supreme Court. The Free Press Journal reports:

"The safety of our children and their freedom are not at odds with each other. Our children are entitled to both," the court observed.

The bench explicitly recognised the right to access and use the internet as a fundamental right under Article 21, which protects life and personal liberty, read with Article 19(1)(a), which guarantees freedom of speech and expression.

Meanwhile, in the U.S.: "A federal appeals court panel has ruled that Florida's 2024 law restricting access to social media for teens is likely constitutional and can continued to be enforced while the legal challenge continues," notes the Florida Phoenix.

We were promised REPEATEDLY that age-verification law was narrow, and would ONLY apply to porn. But— as we warned —it was always a ruse.Since conservatives got their ruling in FSC v Paxton, they've pushed to age-gate anything and everything. It's not going to stop with social media or chatbots.

— Mike Stabile (@mikestabile.bsky.social) 2026-10-15T18:24:17.874Z

Florida isn't just using legislation to go after young people's internet freedom more broadly:

Florida is using litigation to implement digital ID through universal age verification - one platform at a time.

Florida's lawsuit against Discord is so far, the most aggressive, in pursuing age verification and surveillance under the guise of "protecting kids."

— Protecting Kids Online (@PKOproject) October 18, 2026

'Appropriate safeguards.' A small change in the language of the Apple App Store's app review guidelines could portend big changes. Via 9to5Mac:

Under Section 1.2, which covers user-generated content, the guidelines now read (changes in bold):

Apps that enable users to create, generate, upload, share, or otherwise contribute content present particular challenges, including intellectual property infringement, nonconsensual intimate imagery, and anonymous bullying.

Apple's new terms add that "Developers who fail to implement appropriate safeguards or fail to remediate identified violations after notice may be considered in violation of the Developer Code of Conduct."

The change is being reported as a crackdown on "nudification" apps, and that certainly seems to be part of it. But the language about going after "developers who fail to implement appropriate safeguards"—combined with the broad warning about user-generated content—could signal a broader intent to crack down on social media platforms and other types of apps that don't implement ID verification or engage in more intense content moderation.

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On Substack

Don't sacrifice due process to outrage. We can't let anger over allegations of gang rape at Cornell convince us to re-implement old Title IV policies that disregard due process, writes Robert Shipley of the Foundation for Individual Rights and Expression:

There's a groundswell of demand to "do something" in the wake of the sexual assault claims at Cornell. But amid the outrage and concern over the incident, it's critical to remember that one attempted remedy we actually know will not work is to return to a campus justice system in which the burden of proof is on the accused and basic civil liberties are cast aside. That social experiment has already been run. It failed.

Title IX, the law against sex discrimination in federally funded education programs, was passed in 1972. Debates at the time focused on how it would affect single-sex colleges and college athletics. Explicitly aimed at sex discrimination, the text of the law itself mentions neither sexual assault nor sexual harassment. Those became matters for Title IX gradually over the next couple of decades, as courts determined that sexual assault and sexual harassment were both forms of sex discrimination, and therefore covered under Title IX.

The Jane Doe lawsuit against Cornell and the accused students (as well as a fraternity, a sorority, and a local bar) hit national news at nearly the same time that the Trump administration officially removed the Biden-era regulations from the Federal Register. While almost certainly not related, some have connected the two, citing the Cornell incident to argue that regulations surrounding Title IX need to be changed again to reduce due process protections for the accused.

More here.

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Read This Thread

Not to pick on Sam here, but this is a useful point to highlight some of the impossibility of trust & safety work. Meta actually used to have a program *exactly* like this, BUT it became a central feature of Frances Haugen's Facebook Files as an example of Meta being evil.I'll explain…

— Mike Masnick (@masnick.com) 2026-10-17T20:27:37.894Z

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More Sex & Tech

• A new pair of high-tech sunglasses from Meta "can read your mail, describe the person in front of you, tell you what is on a restaurant menu, and help you find your way home," writes Reason's Reem Ibrahim. "For the approximately 700,000 Americans who are blind, it is potentially life-changing."

• "The Supreme Court of Canada has upheld a decision ordering new trials for two people facing human trafficking and sexual services offences, after concluding they should have been able to cross-examine a complainant about the commercial aspect of her prior sex work," reports The Canadian Press. "The case looked at the application of section 276 of the Criminal Code, known as the rape shield law, which limits use of evidence about a complainant's sexual history in court proceedings."

• Markets in everything:

This website lets you attend the wedding of complete strangers

Couples list their weddings and users can buy a ticket to attend https://t.co/8b7EawyFod

— Dexerto (@Dexerto) October 18, 2026

• Reclaim the Net explains Germany's new digital ID.

• The People First Transportation Alliance has been campaigning against robot taxis in D.C. "But just who is behind the group remains unclear, even as it has sought to sway the outcome of a contentious issue with vast sums of money and thousands of jobs at stake across the country," reports The Washington Post.

• From Reason's Meagan O'Rourke: In a race that could flip the U.S. House of Representatives, nobody wants to be the pro-tech candidate.

• A proposed App Store Accountability Act in Idaho "is a de facto digital ID," warns Julie Barrett.

The post Matt Gaetz Lawsuit Shows How Twisted the Term 'Sex Trafficking' Has Become appeared first on Reason Magazine.

Walking through East Cleveland, Ohio, feels a touch like you've wandered onto the set of a postapocalyptic film noir. Grand, gilded homes announce themselves on neighborhood streets, some crowned with turrets, many with windows punched out like missing teeth. Often, no one is home, because no one lives there. It is safer than 1 percent of U.S. cities.

So why did local law enforcement pour considerable time and resources into pursuing a man for a sound truck?

That question is not really a legal one, at least not in the most technical sense. But it is the driving force behind a thorny case a federal court recently resuscitated: Fambrough v. City of East Cleveland, a saga concerning a man whose vehicle became an obsessive target of the East Cleveland Police Department (ECPD) after he used it to campaign for a mayoral challenger.

Some of the facts are in dispute. But the basic gist is as follows: William Fambrough, long a politically engaged East Clevelander, campaigned for Juanita Gowdy—a challenger to then-Mayor Brandon King—by broadcasting messages around the city with his sound truck. That ultimately came to an end after law enforcement impounded the car, cited him for parking and noise violations, and prosecuted him for the latter.

Fambrough sued, alleging the complex legal odyssey set into motion over his step van amounted to First Amendment retaliation, an unreasonable seizure under the Fourth Amendment, and a violation of the 14th Amendment's proscription against selective enforcement. The U.S. Court of Appeals for the 6th Circuit rejected some of those claims. But it resurrected claims against King and his chief of staff, Michael Smedley—depriving them of qualified immunity, the legal doctrine that inoculates state and local government officials from facing lawsuits if their alleged misconduct was not "clearly established" as illegal in prior case law. It also revived Fambrough's retaliation claim against the city.

As the 6th Circuit summarizes: King "says he received a phone call from a resident who complained about Fambrough's sound truck and someone else's box truck being parked in a residential area," so he told someone to take care of it. Scott Gardner, then the city's chief of police, "was concerned about selectively enforcing" the parking ordinance—which prohibits parking a truck in front of residential property, except for loading or unloading—because it is indeed almost never enforced. This was the beginning of a long pursuit, which ultimately saw a swarm of officers dispatched to Fambrough's house in August 2021 to confiscate the vehicle, allegedly resulting in $6,000 in damage. Fambrough also had to pay $528 in fees to get the damaged truck back.

"All the attention City officials gave Fambrough struck Gardner as unusual," the 6th Circuit notes. "The mayor's office wasn't this attentive even in homicide cases. And considering that the City had around only 50 police officers at the time and had 'serious crime problems,' Gardner thought it was odd to devote this much attention to permitting and parking issues." Based on available data, East Cleveland's violent crime rate is 1,409 per 100,000 residents, about four times higher than the national average.

Yet Gardner ultimately got on board. Smedley phoned him on August 9 "extremely upset," according to Gardner, and told the police chief he was "incompetent" for failing to "take care of" Fambrough's sound truck. Smedley wanted the "utmost enforcement as possible." So Gardner sent an email. "Please, find this vehicle and tow it," he wrote to all of ECPD. "Cite the operator with disturbing the peace and loud music. Please contact me as soon as this is complete to claim a surprise." A surprise!

Police succeeded. "On its face, the email told officers to tow Fambrough's truck regardless of whether it was parked illegally," writes the 6th Circuit. "And the Noise Ordinance authorizes seizure only of 'the sound device used,' and only upon conviction. So Gardner's instruction to tow the truck wasn't authorized by municipal law." The court still held that the seizure did not violate the Fourth Amendment. It also gave Gardner qualified immunity, ruling it is not clearly established that someone who acts as a conduit for someone else's alleged retaliation—which here came from the mayor's office—is a "responsible party."

Heather McCollough, the city's assistant law director, subsequently prosecuted Fambrough for allegedly violating the noise ordinance. According to a sworn declaration from Fambrough's attorney, McCollough outlined some of Fambrough's offenses on a call: that he "made complaints about the police department" and filed "public records requests," among other issues. Notably, it is legal to do those things. McCollough was typically willing to resolve minor noise complaints, she added, but not so much in this case, because Fambrough needed to "stand down." (He ultimately pleaded no contest to disorderly conduct, a reduced charge.)

"Only after [Fambrough] began supporting Gowdy's election was the weight of the law thrown against him," the 6th Circuit writes in its analysis of potential municipal wrongdoing. "And the City's police officers didn't uncover Fambrough's violations of their own accord. Instead, City decisionmakers sent them to Fambrough's home each time to enforce the Parking Ordinance. So the timing of the parking-related enforcement actions supports an inference that Fambrough's political speech was the motivating factor—as does the fact that the City rarely enforced the Parking Ordinance against anyone else despite having plenty of opportunities to do so." Incredibly, a photo of another truck can be seen down the street on the same day law enforcement came to fetch Fambrough's vehicle. (The law also includes pickup trucks, so the city arguably has a lot of enforcement to do if it sincerely believes this law matters.)

King allegedly set the chain of events into motion while Smedley took the driver's seat. "Smedley's pattern of incessantly calling and berating Gardner," the 6th Circuit adds, "clashes with the idea that Smedley was chiefly concerned with minor permitting, noise, or parking issues." After all, if that were true, why would the problem appear to begin and end with one person?

Over five years have passed since the ordeal. Although Fambrough is now potentially closer to getting in front of a jury, he has yet to actually state his case, still burdened by the onerous process government actors invoke to kill such suits before the community can assess the merits. King, meanwhile, won that election. He left office in May 2025, however, after he was found guilty of one count of theft in office, four counts of having an unlawful interest in a public contract, three counts of representation by public official or employee, one count of filing a false disclosure statement, and one count of soliciting improper compensation.

The post He Campaigned for the East Cleveland Mayor's Opponent. Then Police Came for His Truck. appeared first on Reason Magazine.

School choice in Ohio has taken a big hit. On Thursday, a panel of the state's 10th District Court of Appeals unanimously ruled the state's Educational Choice Scholarship, or EdChoice, program unconstitutional.

Vouchers Hurt Ohio (VHO), a coalition of public school districts, banded together in 2022 to sue the state over the EdChoice program, which uses public funds to finance scholarships for K-12 students to attend private schools. Under EdChoice's "Traditional Plan," which has been around since 2005, students can receive annual scholarships as high as $6,166 for elementary and middle school and $8,408 for high school. The scholarship's "Expansion Program," which state lawmakers created in 2013, awards maximum scholarship amounts identical to the Traditional Plan, "but scale based on a family's income," according to EdChoice, an educational freedom nonprofit. The organization says the scholarship program supports more than 100,000 Ohio families.   

The VHO argues that the EdChoice scholarship program drains funding from the public school system, depriving Ohio students of much-needed resources. Its website states "private school vouchers create a system of state-funded discrimination" and that school choice is a "myth." Interestingly, the Court of Appeals of Ohio's 10th Appellate District largely concurred.

The court's ruling came down to Article VI, Section 2 of the Ohio Constitution, which says that the state must secure a "thorough and efficient system of common schools."

The panel held that the EdChoice voucher program violates this mandate by funding a "competing system of uncommon schools." Writing for the court, Judge David Leland took the argument further, contending that EdChoice schools "actually end up depriving families of choice." He cited private schools' selective admissions process and urban concentration, calling the defendants' appeals to choice "a fundamental misnomer," because the choice to admit students rests with the schools, not the families.

Keith Neely, an attorney at the Institute for Justice who represents families using EdChoice in the case, argues that the program funds families rather than a competing school system.

He also challenges the court's rationale that the state's obligation to fund public schools implicitly prohibits them from funding other forms of education. "I think that's just fundamentally wrong as a matter of constitutional interpretation and also just as a matter of public understanding," he tells Reason.

The court "seemed to take the view that any dollar spent on other educational programs like scholarships is a dollar that could be spent on public schools instead, but that's not how budgeting works," he says. 

Neely says that public education funding is separate from the scholarship program and that every funding decision has tradeoffs. If the court finds that EdChoice's school voucher program violates the state's obligation to fund public schools, what stops it from reaching the same conclusion for other programs, like the Jon Peterson Special Needs Scholarship or the Cleveland Scholarship program, which provides private school tuition scholarships for K-12 students living in the Cleveland Municipal School District?

Neely also points to Simmons-Harris v. Goff (1999), where the Ohio Supreme Court partially reversed a lower court's ruling and found that school choice was constitutional under the same public-education clause. The court invalidated the Cleveland scholarship program in question, finding that it was "improperly enacted by the legislature," according to the Institute for Justice. However, the Ohio Legislature later reenacted the program.

The families using the EdChoice scholarship program—as well as the state's attorney general—plan to appeal to the Ohio Supreme Court, and Neely is optimistic that history will repeat itself in this case. He tells Reason, "When you look at what the Constitution says, and you look at what the court said in Simmons-Harris, I think the only conclusion that the Ohio Supreme Court can walk away with is that programs like the Educational Choice Scholarship program are constitutional." Families will be able to keep their scholarships while the litigation is pending.

This case is just one battle in a nationwide war on school choice. A recent report from Reason Foundation, the nonprofit that publishes Reason, found that 80 percent of public-school students live in states with "weak or ineffective open enrollment laws." These laws "allo[w]  students to transfer to public schools other than their residentially assigned one, provided space is available," writes Jude Schwalbach, senior policy analyst at Reason Foundation. Several states are also holding out against the Education Freedom Tax Credit, a new federal tax credit that offers a dollar-for-dollar tax refund for donating to K-12 scholarship programs. 

The court's decision reflects the broader rationale fueling that opposition: that education dollars going to anything other than public schools are taken from ordinary students. For decades, policymakers have invested in that premise, yet student outcomes have little to show for it. The real myth isn't school choice; it's that giving families more options means betraying students' education.

The post Ohio Court Strikes Down a Scholarship Program That Supports More Than 100,000 Families appeared first on Reason Magazine.

The Georgia officer responsible for killing a 1-year-old miniature donkey, HeeHaw, has filed a motion to dismiss the lawsuit against him, claiming the body camera footage proves he "reasonably believed the donkey posed an imminent threat to a fellow officer." But even if it doesn't, the officer argues he is immune from liability. 

In the early morning hours of August 30, Hannah Michelle Israel was at her Cedartown home in western Georgia when she received a distressing phone call. A supervisor with the Cedartown Police Department "tersely informed [Israel] that a donkey on her property had been 'dispatched,'" according to her federal lawsuit. After some clarification, she learned that police had not only entered her enclosed private property in the middle of the night without permission while looking for a missing person, but also shot and killed her miniature donkey in the process. 

Israel immediately set out to search for her beloved pet, HeeHaw, only to find her bottle-raised donkey's lifeless body alone in her field. Israel told ABC7 News the incident has left her "traumatized and shocked." She continued, "I honestly can't even believe he's not here…There's no words."

Demanding accountability, Israel filed a lawsuit in the U.S. District Court for the Northern District of Georgia in September against the shooting officer, Officer Trenton Ryan Garner, for violating her Fourth Amendment rights and submitted a separate demand for $1 million from the City of Cedartown.  

Last week, Garner responded by asking the court to dismiss the case, arguing in part that he did not violate Israel's constitutional rights when he entered her property. Under the open fields doctrine, there is no reasonable expectation of privacy in one's pastureland, even if enclosed. Further, the motion argues, exigent circumstances existed in the search for a missing 12-year-old girl. 

As far as HeeHaw is concerned, Garner claims he acted reasonably by using deadly force and argues the footage clearly shows HeeHaw "charging" and posing an "imminent threat to a fellow officer." 

However, the footage, posted by the Civil Rights Lawyer Raw, may not be so clear-cut. Garner's body camera was off at the time of the shooting but had a "rolling buffer of video," a recording without audio of the 30 seconds preceding activation of the camera, according to court documents. During the silent portion, two officers and a bloodhound are in front of Garner with flashlights in a dark field. A small donkey, roughly 3 feet tall, appears and slowly moves toward one of the officers. The officer backs away slowly, but the donkey moves closer and picks up speed. Garner pulls his gun and fires. The donkey turns and runs before falling over.

Whether Garner reasonably believed HeeHaw posed an imminent threat to his fellow officer may be up for debate.

When the audio kicks in, a fellow officer asks, "Why'd you shoot it up?" "I don't know," Garner responds rather nonchalantly before telling dispatch he had to shoot a donkey because "it was trying to attack." If another officer on the scene wasn't sure why Garner used deadly force, perhaps the decision wasn't so reasonable after all. 

In her lawsuit, Israel accuses Garner of needlessly killing HeeHaw "maliciously…and recklessly, with deliberate indifference…for [Israel's] constitutional rights." The suit continues: "No reasonable officer in…Garner's position would have believed that such force was necessary or justified." 

But whether Garner acted reasonably or not by shooting HeeHaw, qualified immunity may still shield him from accountability. Qualified immunity is a legal doctrine that protects government actors from lawsuits alleging rights violations, unless the right is clearly established. In practice, that means plaintiffs must be able to point to a previous court ruling in a case with the same circumstances to show that the right was obvious to government officials. 

The bar can be quite high to show a right is clearly established. For example, in March, the Supreme Court reversed a 2nd Circuit decision in a case involving an officer who was sued for using a rear wristlock to arrest a protester. The 2nd Circuit denied qualified immunity, reasoning that a previous case from 2004 clearly established that rear wristlocks used to arrest anti-abortion protesters constitute excessive force. But the Court disagreed, stressing that "principles stated generally, such as that 'an officer may not use reasonable and excessive force,' do not suffice." 

And while there may be ample cases involving officers shooting pet dogs, cases involving miniature donkeys are in short supply. If the court finds that there is no clearly established rule that specifically prohibits officers from shooting a miniature donkey moving toward a fellow officer in the dark, the court may end up dismissing the case and sidestepping both the reasonableness and constitutional questions entirely.

The post Georgia Cop Who Shot a Miniature Donkey Says Body Camera Footage Shows an 'Imminent Threat' appeared first on Reason Magazine.

Haaretz: "If there is one thing clear from Netanyahu's recent behavior and declarations, it's that there is no ploy, no manipulation, no lie he wouldn't use, if it keeps him out of a cell"

The Trump administration's attempts to fast-track construction of the president's long-promised border wall through Texas' remote Big Bend region have ground to a halt amid fierce opposition, protests, and legal challenges from landowners and conservation groups.

A federal judge on Wednesday released an opinion explaining her decision to issue a preliminary injunction blocking border wall construction through the Big Bend area. U.S. District Judge Kathleen Cardone found that the plaintiffs, which included the Center for Biological Diversity and several longtime residents of the region, had shown a substantial threat of irreparable harm if the construction project is allowed to continue.

The Trump administration wants to spend $7.5 billion building additional security infrastructure along a 500-mile stretch of the U.S.-Mexico border running through the Big Bend region, which includes Big Bend National Park. The federal government began sending threatening letters to property owners announcing its intent to acquire necessary pieces of their land this summer, and it waived several environmental regulations, allowing it to put bulldozers on the ground inside the national park by September.

However, numerous groups and local landowners say the border wall project will alter their way of life and permanently scar one of the most rugged and pristine landscapes in the country. The project attracted bipartisan criticism and protests.

Cardone also found that the plaintiffs were likely to succeed on their claims that Department of Homeland Security (DHS) Secretary Markwayne Mullin exceeded his authority when he issued environmental waivers for the project.

The injunction is a temporary reprieve for property owners such as David Keller, an archaeologist and part-time river guide on the Rio Grande River. The original plans for the border wall expansion would have cut through Keller's 10-acre property near Redford, Texas, putting a 30-foot-tall wall on the levee that sits between the river and the rest of his land.

Keller says the Trump administration gravely underestimated how much anger its tactics and attitude would generate.

"It's a level of arrogance—they're just used to being able to bulldoze over people," David Keller says. "They were moving forward as if they weren't expecting any resistance, but boy, they're due for a wakeup call. And they're having it right now."

Keller is a plaintiff in a separate lawsuit against the DHS by Conserve Big Bend, a coalition of landowners, conservationists, river tour guides, researchers, and other affected parties.

Keller says he's loved wild, open country since he was a child, and as soon as he saw the region in the 1990s, he decided he would find a way to live and work there, which he's done for the past 25 years. "It's visually magnificent," Keller says. "It's incredible. It's like no other place I'd ever seen. It's one of the last unspoiled places remaining in the lower 48."

Keller says it's where he plans on being buried, too, although these days he's unsure whether to say "plans" or "planned." The proposed border construction is an existential threat to the life he's built, he says, and if the wall goes up, he'd likely move.

"I didn't come down here to live in a cage," Keller says.

The proposed border wall would not only block access to the river for farmers, ranchers, and outdoors enthusiasts along the river, as well as block the view into Mexico, it would wreck "the whole feeling of the place, the historical cross-border culture that we've developed," Keller says.

So far, the federal government has not tried to seize any private property in the Big Bend region through eminent domain, although it sent letters to property owners this summer requesting access to survey their land and warning them that it held the option to invoke eminent domain if they did not quickly sell.

Both Keller's and the Center for Biological Diversity's lawsuits argue that the department's justification for building and expediting additional border infrastructure in the Big Bend Region are factually and legally incorrect. The DHS determined that the sector of the border is an "area of high illegal entry."

However, despite making up roughly a quarter of the entire U.S.-Mexico border, the Big Bend sector only accounted for between 0.3 percent and 2.2 percent of total border-wide arrests over the past 30 years.

Cardone cited the low apprehension numbers in her finding that Mullin exceeded his authority to issue the waivers.

"The unrebutted evidence shows that the Big Bend Sector is, by far, the sector with the lowest rate of migrant apprehensions along the entire U.S.-Mexico border, both in terms of gross totals and apprehensions per mile of border," Cardone wrote. "Therefore, if the Big Bend Sector is an area of high illegal entry, so is every other sector, and the waiver authority would apply to the entire U.S.-Mexico border."

The post Landowners in Texas' Big Bend Region Fight Trump Administration's Attempts To Seize Land for Border Wall appeared first on Reason Magazine.