Andrew P. Napolitano

Trump’s lawsuit against Big Tech likely to fail

Former President Donald J. Trump recently filed a lawsuit in federal district court in Miami against the Big Tech companies that have denied him a platform. Published July 21, 2021

Guantanamo’s Abdulsalam al-Hela and the Fifth Amendment

Abdulsalam al-Hela is a 53-year-old Yemeni cleric who has been incarcerated by the United States at the Guantanamo Bay Naval Station in Cuba since 2004. Published July 14, 2021

NSA’s spying on Tucker Carlson is an attack on all Americans

Tucker Carlson and you and I can say whatever we want about the government and it cannot legally or constitutionally chill or prevent that. If it could, then our rights are just empty claims. Published July 7, 2021

Can the president kill?

Last weekend, President Biden ordered the U.S. military to bomb targets in Syria and Iraq in an effort "to send a clear and unambiguous deterrent message" to Iran. Published June 30, 2021

Should Biden receive Holy Communion?

The dispute over whether Roman Catholics who facilitate abortions should be permitted to receive the Blessed Sacrament appears to be coming to a head. Published June 23, 2021

Can the DOJ engage in a fishing expedition and obtain personal records of members of Congress?

Last week, The New York Times revealed that the Department of Justice persuaded a federal grand jury to subpoena the telephone, email and texting records of about 20 people. Published June 17, 2021

Confessions of Abd al-Rahim al-Nashiri: Torture enters the courtroom

For the first time in American history, a federal judge last week authorized the government to admit as evidence in a criminal case words uttered by the defendant that were obtained under torture. Published June 9, 2021

Taking liberty for granted

No one knows if Thomas Jefferson personally uttered those words. They have been widely attributed to him, but they don't appear in any of his writings. If he did not literally utter them, he uttered the sentiments they offer. They remind us not to take liberty for granted. Published June 2, 2021

Community caretaking ruse: Can the police enter a private home without a search warrant?

Warrantless searches and seizures are unreasonable -- and thus unconstitutional -- unless they fall into the "exigent circumstances" exception. Published May 26, 2021

Phil Murphy and the government’s emergency powers myth

Last week, the media in New Jersey began to ask Gov. Phil Murphy when he would surrender his emergency powers. Published May 19, 2021

Can federal judges alter the Constitution?

A writ of habeas corpus is the ancient individual right of every person confined by the government to require the government to justify the confinement under the law to a neutral judge. Published May 12, 2021

More unconstitutional U.S. government spying and lying

Twice last week, the federal government's unconstitutional spying on ordinary Americans was exposed. Published May 5, 2021

Biden’s unconstitutional debt burdens future generations

Earlier this week, President Biden asked Congress to raise taxes and increase borrowing so his administration can spend $2.3 trillion -- on top of the $1.9 trillion Congress authorized two months ago for so-called COVID relief. Published April 28, 2021