Beyond the Brief

What happens when the government tries to take well-kept homes and businesses by slapping them with a “blight” label that doesn’t fit? Perth Amboy, New Jersey, tried to do just that—but a court vacated the blight designation, blocking the city from taking those properties for private development. Today we talk with IJ attorneys Robert McNamara and Bobbi Taylor about how this win happened, what it means for property owners, and why “blight” isn’t a magic word that makes legal protections disappear. https://youtu.be/671ux5MfZ_4 Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now

In Florida, if a town doesn’t like what you do with your lawn, you could face bankruptcy. Sandy Martinez is stuck with $165,000 in fines for completely harmless code violations, most of it for occasionally parking a car a little bit over her driveway and onto the grass. Jim Ficken faced foreclosure of his home because his grass grew too long while he was out of town. Today we are joined by IJ attorneys Andrew Ward and Mike Greenberg. We’re discussing Florida’s devastating daily-accruing fine system, how courts have refused to stop these abuses, and how IJ is fighting back. https://youtu.be/cnSW-AcP6_Q Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now

New York City is in a housing crisis—and according to official statistics, roughly 26,000 rent stabilized apartments sit vacant. That’s because New York City law makes many units unprofitable to rent. Today, we’re talking about IJ’s new federal challenge focused on vacant units—not occupied apartments—and what it could mean for property rights and renters. Today we’re joined by IJ attorneys Suranjan Sen and Will Aronin. https://youtu.be/8haAMezEe0M

What can we do to bring accountability to policing for the sake of both the public and police officers themselves? Today, we’re talking with special guest Jeff Wenniger, a retired LAPD Lieutenant who spent more than 30 years in law enforcement and is now an advocate for how to rethink law enforcement—grounded in trust, integrity, and true community partnership. We’re also joined by IJ senior attorney Patrick Jaicomo, who leads IJ’s efforts to dismantle the legal doctrines that block accountability for police officers and other officials. Today we talk with Jeff and Patrick about why policing needs more accountability, what cops really think about qualified immunity, and how we can make policing better for everyone. https://youtu.be/mH4bl_e3w8g Americans Against Qualified Immunity We are a grassroots movement of Americans from all walks of life working to ensure that if we must follow the law, then government workers must follow the Constitution. Join the Movement Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now

IJ just scored a win at a Pennsylvania appeals court that puts renters’ privacy rights on the same level as owners’ for the first time anywhere in the country. It was a wild ride featuring a violated court order, a stake out of a judge’s car, and obstruction designed to keep the inspection program a secret. It is also part of decades-long campaign to overturn the U.S. Supreme Court precedent that lets the government enter renters’ homes without a real warrant or suspicion of wrongdoing. https://youtu.be/BjztA-fIvXg Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now

Leo Garcia Venegas and George Retes were simply trying to work, when they got ensnared by dragnet federal immigration raids. Even though both men identified themselves as U.S. citizens, multiple agents aggressively detained them—in Leo’s case two separate times and in George’s case for three days. Now, as more citizens get swept up in these raids, Leo and George are standing up for their rights with IJ. We’re here with IJ attorneys Jared McClain and Jaba Tsitsuashvili to discuss how current immigration raids are enabling warrantless government trespassing, arrests without probable cause, and other abuses of the Constitution. To be clear, these cases aren’t about whether the government can enforce immigration laws. They’re about whether or not the government has to follow the Constitution, federal law, and its own regulations when it does. https://youtu.be/BhFx47qLx7A Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now

Brian Moore and Cristal Starling both lost their money to civil forfeiture, despite neither being charged with a crime. Both of them challenged those forfeitures and both of them got their money back. But only one is being made whole. We’re here with IJ senior attorneys Dan Alban and Paul Sherman to discuss two cases under the Civil Asset Forfeiture Reform Act---a law that’s supposed to protect innocent victims of wrongful forfeitures, and why it doesn’t go far enough. https://youtu.be/_NJOTMszsJI Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now

When Khalilah Few wanted to expand her natural hair salon business, she found a long-empty store front in Clayton County, Georgia, and spent her life savings renovating it. But she soon discovered that Clayton County singles out hair salons and barbershops for special restrictions. Because there are three other salons within several miles, the county told Khaliah she couldn’t open. Today we talk with IJ senior attorneys Renée Flaherty and Will Aronin to discuss how Georgia protects the right to earn an honest living and how IJ will make sure Khalilah and other entrepreneurs can open for business. https://youtu.be/5kN_buJhpvY Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now

When you get in your car, you might be tracked by a network of AI-powered surveillance cameras. These cameras upload their information to a central database, where government officials around the country can see a detailed record of your movements. But we're fighting back against mass surveillance. Today we’re joined by IJ attorney Michael Soyfer and Communications Project Manager Dan King to discuss IJ’s new Plate Privacy Project and how everyday people are opposing this new threat to our constitutional rights. https://youtu.be/4xU5AhwarSs Plate Privacy Project Our attorneys are experts on the Fourth Amendment and on how citizens can use it to fight back against government abuse of automatic license plate reader cameras. learn more

When the government, or even a private company, takes your land using eminent domain, the law promises you just compensation. But what about the thousands of dollars you spent on legal fees fighting for your fair share? For a group of North Dakotans facing off against a natural gas company, the answer could be: Tough luck. Today we're joined by IJ Deputy Litigation Director Bob McNamara, and IJ attorney Matt Liles. We’ll discuss what just compensation really means, how the government lets private companies abuse eminent domain, and what IJ is doing to stop it. https://youtu.be/R7m8MdZD5KM Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now

Can the government take a $95,000 plane because a passenger used it to transport a six pack of Budweiser? The Alaska Supreme Court says yes but the U.S. Constitution says no. Today we chat with IJ attorneys Sam Gedge and Kirby West to discuss an outrageous new case from the Last Frontier and how forfeiture interacts with excessive fines, free speech, and more. https://youtu.be/KL3UlAt2XSk Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now

In this episode, we bring you the disturbing story of St. Paul police officer Heather Weyker, whose lies led to the wrongful prosecution of dozens of people—and put an innocent teenage refugee in jail for two years. Will she ever be held accountable? Today we’re joined by IJ senior attorney Patrick Jaicomo, one of the leaders of IJ's Project on Immunity and Accountability. We’re discussing Patrick’s lawsuit against Officer Weyker, how courts have systematically closed doors to government accountability, and how IJ is trying to wrench those doors back open. https://youtu.be/rf_NetF2l9k Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now related video https://www.youtube.com/watch?v=HujPlUyTXRY

Dalton Boley thought he found a refuge for him and his children in 10 acres of woods by his Alabama home. That is, until government officials started showing up on the land without a warrant.I'm Kim Norberg of the nonprofit civil liberties law firm the Institute for Justice, joined by co-host Keith Neely, and today we’re discussing the Open Fields Doctrine and what IJ is doing to close this 4th Amendment loophole. We’re joined by IJ attorney Josh Windham. https://youtu.be/tyeF77uNjW0 Related Videos https://www.youtube.com/watch?v=Je8mOkgMoWk https://www.youtube.com/watch?v=XcnL6gF_ua4 Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now

You shouldn’t need a law degree to start a barber shop, but entrepreneurs across the country face steep fees, delays, and confusing requirements before they ever even open. That’s why, in addition to suing cities when they violate people’s rights, IJ works with cities to make it cheaper, faster, and simpler to start a small business. Today we’re joined by Assistant Director of IJ’s Activism Team Jennifer McDonald, and Senior Policy Advisor Chad Reese to discuss how IJ makes Cities Work. https://youtu.be/IYN4RCN-yo8 Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now

The Constitution requires a warrant before police can search you or your property. But what if that warrant is based on third-hand information? That’s what happened to IJ client Michael Mendenhall, and it happens across America every day. We recently spoke with IJ attorneys Patrick Jaicomo and Jared McClain to discuss how warrants are often just rubber stamps, and what IJ is doing to fix that. https://youtu.be/0hTQIAsDHX0 Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now

A new financial surveillance dragnet is sweeping up ordinary cash transactions at small businesses near the US-Mexico border. The federal government has placed onerous new requirements on businesses that help people without bank accounts cash checks or send money to family members. It’s demanding reports on all transactions involving at least $200 in cash, subjecting innocent people to warrantless surveillance and burying small businesses in paperwork. Today we chat with IJ attorneys Rob Johnson and Betsy Sanz to talk about how IJ is fighting back against financial surveillance and the government’s war on cash. https://youtu.be/MGPC27FIrqE Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now

You might think constitutional lawsuits work like this: Find an unconstitutional law, challenge it in court, and if the law is truly unconstitutional, the court will strike it down. But in reality, a web of legal doctrines and ingrained attitudes mean judges have enormous leeway to avoid ruling against the government. On this episode, we talk with IJ attorneys Josh Windham and John Wrench on judicial deference and why courts protect some rights better than others. https://youtu.be/AwAFcSzqZ4A Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now

In 2017, FBI agents, with guns drawn and a flashbang grenade, burst into the Atlanta home of Trina Martin, her then seven-year-old son Gabe, and her then partner Toi. Turns out, they had the wrong address. In April, Trina’s yearslong fight for accountability is heading to the U.S. Supreme Court. Today we chat with IJ client Trina Martin and IJ attorney Patrick Jaicomo about wrong house raids, what it’s like have the Supreme Court hear your case, and what victory will mean for Trina and all Americans. https://youtu.be/j2GboGENmoQ Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly

First enacted to ensure southern states respected the rights of newly freed slaves, the 14th Amendment is indispensable to modern civil rights litigation. But what does the amendment say and how does IJ use it to challenge everything from harassment by police to undue burdens on hair braiders? Today we’ll discuss all that and more with IJ attorneys Bob McNamara and John Wrench. https://youtu.be/xPPU9ZKWd0Q Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now

$29,000 for overgrown grass. $16,000 for cracks in the driveway. $100,000 for parking incorrectly on your own property. These are some of the outrageous fines IJ’s clients have faced, often for harmless violations. The prohibition on excessive fines is one of our oldest rights, but governments, from small towns to federal agencies like the IRS, still issue ruinous fines and courts still rubberstamp these fines. IJ attorneys Sam Gedge and Michael Greenberg join us for the discussion. https://youtu.be/nRwi5QQMhYw?si=yTvNFAYtpQf1MtgW Case Video https://www.youtube.com/watch?v=arP5ZzT_ihU Working Mother of 3 Faces $100,000 Parking Violation Most people accept that the government can fine you a small amount for parking illegally. But can the government cripple you financially for how you park your car on your very own driveway? In Lantana, Florida, that is exactly what happened to local homeowner Sandy Martinez. The city fined her more than $100,000—at a rate of $250 per day—for violating an ordinance regulating how one can park their car on their own driveway. Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now

For centuries, people have helped their neighbors by providing food, shelter, and more to people in need. But all too often, the creativity and generosity of ordinary people conflicts with government regulations. That’s why IJ defends those providing private solutions to public problems. I'm Kim Norberg of the nonprofit civil liberties law firm the Institute for Justice, with IJ senior attorney Jeff Rowes. https://youtu.be/aJxt3B43pg0 Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly

In Pasco County, Florida, the Sheriff’s Office thought it had a great idea: make lists of who might commit crimes in the future and hound them and their families until they end up in jail or move away. Under Pasco’s so-called intelligence-led policing program, hundreds of people, many of them minors, were deemed “prolific offenders” based on a crude algorithm and subjected to relentless night-time visits, citations for minor code infractions, and other harassment. So, IJ sued, and in December we secured an agreement that will end the program for good and get justice for some of its victims. Today we are joined by IJ attorneys Ari Bargil and Will Aronin. https://youtu.be/YOMDobC5i0Q

In 2005, the U.S. Supreme Court issued one of its most reviled decisions in modern history, in Kelo v. City of New London. By a vote of 5-4, the Court said governments could use eminent domain to take private property and give it to private developers who might pay more in taxes. As Justice Sandra Day O’Connor said in her dissent, “The specter of condemnation hangs over all property. Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory.” Now, IJ has submitted a petition asking the Supreme Court to overturn that infamous decision. Today we talk with IJ Deputy Litigation Director Robert McNamara, and IJ President Scott Bullock, who argued Kelo at the Supreme Court. https://youtu.be/g-exnC-27lU Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly

We all want to feel secure in our homes, and if the reckless or abusive acts of government officials violate that security, we expect to be able to hold them accountable. IJ recently launched two cases in Georgia to uphold that principle; one in which a town bulldozed a home without warning or compensation and another where FBI agents violently raided the wrong house. Today we are joined by IJ attorneys Dylan Moore and Patrick Jaicomo. https://youtu.be/z4jMHnwkOj8 https://www.youtube.com/watch?v=0syE4SY_6p8 https://www.youtube.com/watch?v=fGOJU4_tVJg https://www.youtube.com/watch?v=yRF74lBfjr0 Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly

On Christmas Eve 2022, Jennifer Heath Box got off a cruise ship in Florida, excited to return home to Texas and spend Christmas with her children before her son was deployed. Instead, police arrested her as she got off the ship, and she spent Christmas in jail, where guards pumped death metal music and freezing air into the cells. All because police were looking for a woman who didn’t look like Jennifer, was half her age, and didn’t even have the same name. To tell us more about the case, we interview IJ attorneys Jared McClain and Bobbi Taylor. https://youtu.be/bRbX9TtNGC0

Not long ago, if police wanted to know where someone drove, they would have to follow that person for days, taking significant resources. But new technology allows the government to track everyone nearly all the time and to access that information without a warrant. As this technology spreads around the country, people are fighting back for the Fourth Amendment. Today we have with us IJ attorneys Robert Frommer and Michael Soyfer to discuss a new lawsuit in Norfolk, Virginia. https://youtu.be/7S3bcS_SSUE

In Pennsylvania, officers of the Fish and Boat Commission have the power to trespass on any land or water without a warrant. For one couple, that lead to repeated harassment at their lakeside home from a Waterways Conservation Officer. But the Constitution’s Fourth Amendment protects all Americans, including Pennsylvanians who live near water. Today we’re talking with IJ attorneys Kirby Thomas West and Dylan Moore about a new case challenging warrantless trespassing. https://www.youtube.com/watch?v=Xs5WEbit5Kg Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly

The proliferation of video is changing how Americans fight for their civil rights, and much of it is happening right here on YouTube. I'm Kim Norberg of the nonprofit civil liberties law firm the Institute for Justice, together with co-host Keith Neely and IJ senior attorney Patrick Jaicomo. Today, we’re talking with special guest John Bryan, better known as The Civil Rights Lawyer. John knows firsthand how difficult civil rights lawsuits have become–and he previously partnered with IJ to overcome one of the many immunity doctrines that make it nearly impossible for ordinary people to vindicate their rights in court. As IJ unravels that web of government immunity, John has successfully turned to video to help hold abusive officials accountable. We're using different but complementary approaches to reach the same goals: bringing justice to victims and creating broader legal change. https://youtu.be/Pv8eVmyIXTU

In 2013, a Clovis, California police officer found out that his girlfriend Desiree Martinez had reported him for physically abusing her—while Desiree was trapped in a room with him, leading to further horrific abuse. Incredibly, the informant was another officer who knew about Desiree’s boyfriend’s history of domestic violence. Desiree later sued that officer informant for enabling the abuse, but an appeals court granted qualified immunity to block the suit. Now, Desiree and IJ are asking the U.S. Supreme Court to make clear that government officials who knowingly place people in danger can be held accountable. Today we talk with IJ attorneys Anya Bidwell and Patrick Jaicomo about Desiree’s fight for justice. https://youtu.be/mmViazhu130 Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly

In America, the government doesn’t get to pick winners and losers in the marketplace. Yet states and cities throughout the country block new business to protect established interests. That’s when IJ steps in. Awa Diagne has been braiding hair for 30 years, but when she tried to open a braiding salon in an Atlanta suburb, the town told her it would provide too much competition. So, Awa and IJ are fighting back. Today we talk with IJ attorneys Renee Flaherty and Will Aronin about how IJ is protecting the right to make a living https://youtu.be/kD6T_n5_LP4 Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly

Can the government take your land just because they don’t like you? That’s happening to Brinkmann’s Hardware, a beloved local store in Long Island. After a lengthy fight, the town of Southhold, NY is now trying to take their land away through eminent domain—all to protect another business from competition. Today we talk with Hank Brinkmann and IJ Senior Attorney Jeff Redfern about how Brinkmann’s Hardware went from a small family shop to a champion of property rights—and their path all the way to the Supreme Court. https://www.youtube.com/watch?v=Ltd6hT9B5DQ related case Family-Owned Hardware Store Sues Long Island Town Trying to Take Away their Property The Brinkmann family owns hardware stores in Long Island and purchased property with the hope of opening a new store. The town now wants to take the land through eminent domain, simply because they don’t want another store. With the help of IJ, the Brinkmanns are fighting back against this unconstitutional tactic. view case Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly

The film Rebel Ridge came September 6 and shot to #1 on Netflix. It depicts a former Marine’s attempts to get his money back after it was taken by police through civil forfeiture. That story sounded pretty familiar to us at IJ. We have been working to dismantle civil forfeiture for decades, but unlike the film’s main character, our clients aren’t vigilantes who take the law into their own hands; instead, they fight back in court. So how accurate is Rebel Ridge’s portrayal of civil forfeiture? To find out, we talk with IJ attorney Kirby Thomas West. https://youtu.be/VsrytcKoE5k Know Your Rights Card Civil forfeiture is the process the government uses to take and sell your property—including cash, cars, and even homes—even if you have not been convicted of—or even charged with—any crime. Every year hundreds of thousands of Americans lose their property through civil forfeiture—don’t be one of them! download the card Your Property or Theirs? Once your property has been seized by the government there is a byzantine process to get it back. See the steps and pitfalls for navigating a federal forfeiture case in this comprehensive overview. view the process

It’s legal to travel domestically with any amount of cash. It’s legal to travel in and out of the U.S. with more than $10k if you declare it. But that doesn’t stop law enforcement from searching travelers’ property and seizing any cash they find without warrants or evidence of a crime. Today we talk with IJ attorneys Jaba Tsitsuashvili and Ben Field about how the government treats carrying cash like a crime and what IJ’s doing to fight back. https://youtu.be/WmVFud7v2r4 Know Your Rights Card Civil forfeiture is the process the government uses to take and sell your property—including cash, cars, and even homes—even if you have not been convicted of—or even charged with—any crime. Every year hundreds of thousands of Americans lose their property through civil forfeiture—don’t be one of them! download the card Your Property or Theirs? Once your property has been seized by the government there is a byzantine process to get it back. See the steps and pitfalls for navigating a federal forfeiture case in this comprehensive overview. view the process

On a typical day, police officers pull over more than 50,000 drivers. If you’ve had a recent encounter with police, chances are good it was during a traffic stop. Traffic stops can lead to searches, arrests, and worse, yet they seldom involve a [search] warrant. So how did vehicles become Fourth-Amendment-free zones? Today we are joined by Josh Windham, the leader of IJ’s Project on the Fourth Amendment. We’ll explore how traffic stops are driving a hole through the Fourth Amendment and how IJ is pushing back. Tell Us Your Story Did police search your car? Did they fail to get consent or a warrant? We want to hear from you! IJ attorneys will review your potential case. get help

The freedom of speech protected by the First Amendment is a foundational and cherished right that sets America apart from other constitutional democracies. Many people think of the First Amendment in the context of controversial speech on highly politicized issues. But did you know that some of the most important free speech cases today involve uncontroversial speech on issues that matter to ordinary Americans in their daily lives? Today we have with us IJ Senior Attorneys Paul Sherman and Robert Johnson to discuss this trend and why it is affecting more and more Americans. https://youtu.be/6hPvz263OLw Learn more about our First Amendment work. Central to the mission of the Institute for Justice is reinvigorating the founding principles of the First Amendment to the U.S. Constitution. We seek to defend the free flow of information—information that is indispensable to our democratic form of government and to our free enterprise economy. learn more

As our listeners probably know, civil forfeiture is legal practice that lets the government take and keep your property by claiming it’s connected to a crime, without needing to convict anyone. You can lose your property even when the government agrees you’re innocent. Recently, the Supreme Court decided an important forfeiture case. While the outcome was disappointing, the way they decided it gives us hope that the high court is finally ready to rein in this form of theft-by-government. Today we chat with IJ attorneys Dan Alban and Kirby Thomas-West to discuss Culley v. Marshall and what it means for the fight against civil forfeiture. https://youtu.be/TJtmmtRbrhs Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly

Imagine a SWAT team raids a house—battering doors, breaking windows, and coating everything inside with tear gas residue. Now imagine the SWAT team had the wrong address. Who do think would pay for the damage? If you said insurance, you’re probably wrong. If you said the city, you’re probably also wrong. Today, IJ attorneys Jeff Redfern and Dylan Moore talk with us about this nightmare situation facing homeowners across America – and how the Institute for Justice is fighting to change it. https://youtu.be/peWkkpsvndY Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly

In March 2021, people entered a private security-deposit box company in Beverly Hills, CA, broke open hundreds of boxes, and indiscriminately seized their contents – collectively worth over one hundred million dollars. Box holders lost their life savings, family heirlooms, important documents, and more. But the people who took their property weren’t mobsters; they were FBI agents. Today we have with us IJ attorneys Bob Belden and Mike Greenberg. They’re going to share with us the story of an unprecedented FBI raid – and how the Institute for Justice is making sure it never happens again. https://www.youtube.com/watch?v=FVcE3IzK4TA related case https://www.youtube.com/watch?v=31XBx_AbmqM Become a Monthly Donor: https://ij.org/support/monthly-giving/

We like to think of America as a land of opportunity and second chances. But what happens when a web of government restrictions prevents someone from earning an honest living due to past mistakes? Today we’re talking with IJ Attorney Andrew Ward, and Rudy Carey, a substance abuse counselor and former IJ client. We discuss so-called “permanent punishment” laws, the millions of people they affect, and how IJ is helping Americans get the fresh starts they deserve. https://youtu.be/yfApc87-eSg Related Case Videos https://www.youtube.com/watch?v=JiHMg2xBQUk https://www.youtube.com/watch?v=XVi1beANBBQ

If a federal official violates your rights, is it impossible to hold them accountable? In this episode, we talk with IJ senior attorneys Anya Bidwell and Patrick Jaicomo, leaders of IJ’s Project on Immunity and Accountability. We discuss some outrageous cases of abuse by federal officials, why it’s so hard to sue the Feds, and what IJ is doing to clear a path to justice. https://youtu.be/teOXBgd3yCo?si=QBFZD6mrk-pAd2C-

Your home is supposed to be your castle. But what about the land your castle sits on? We discuss why it is that most private land in America gets no protection from warrantless government surveillance. We are joined by IJ attorney and co-director of IJ’s Project on the Fourth Amendment, Josh Windham. https://youtu.be/jN-VEE7fAEs related report Good Fences? Good Luck Released in the Cato Institute’s Regulation magazine, IJ’s study “Good Fences? Good Luck” is the first study to put a number on the amount of private property vulnerable to warrantless searches by federal agents thanks to a legal precedent known as the “open fields doctrine.” It finds that nearly 96% of all private land in the country—about 1.2 billion acres—is essentially open to federal government trespass. read report

What can Americans do if the government retaliates against them for speaking out? Today we're going to discuss real world examples of governments retaliating against citizens for speech they don’t approve of. We are joined by IJ Attorneys Kirby Thomas West and Ben Field. https://youtu.be/Yhji-Uyn23Y

Does qualified immunity actually accomplish what the Supreme Court intended? Kim Norberg and co-host Keith Neely discuss qualified immunity and how it plays out in the real world. IJ Senior Attorney Bob McNamara and data scientist Jason Tiezzi join to discuss Unaccountable, IJ’s new report that examines qualified immunity by the numbers. The report uses the largest ever collection of federal appellate cases, covering the 11-year period from 2010 through 2020. It is also the first to use cutting-edge automated techniques to parse thousands of federal circuit court opinions and answer key questions about cases where government defendants claim qualified immunity—what kinds of officials and conduct it protects, its impact on civil rights cases, and whether the doctrine is achieving its aims. https://www.youtube.com/watch?v=ag6SLAnfKtw Unaccountable When people hear “qualified immunity,” they tend to think “police misconduct.” But IJ’s qualified immunity cases frequently involve other types of officials and allegations. Now a new IJ study of more than 5,500 federal qualified immunity appeals shows those cases aren’t outliers. Unaccountable finds only 23% of appeals involved police accused of excessive force. Police often claimed qualified immunity, of course, but so did social workers, college deans, mayors, and many other government officials. And the violations victims alleged were similarly diverse, with almost 20% of appeals featuring First Amendment claims, usually premeditated retaliation for disfavored speech or other protected activity. Unaccountable finds qualified immunity hobbles victims of government abuses like these and fails to accomplish the goals supporters claim it’s needed to achieve, strengthening the case for ending the doctrine. Read Report

Unbeknownst to parents, a portion of their baby’s blood remained unused after a standard screening was complete. And New Jersey had unilaterally decided that it could keep that blood for 23 years. Even worse, New Jersey, along with other states, believed it could use that blood however it saw fit, whether that be selling it to third parties, giving it to law enforcement, or even turning it over to the Pentagon. On today’s episode of Beyond the Brief, hosts Kim Norberg and Keith Neely talk to IJ Attorneys Rob Frommer and Brian Morris about New Jersey’s creepy baby blood collection scheme. https://www.youtube.com/watch?v=1ypXPwkNoFI Case Page: https://ij.org/case/new-jersey-genetic-privacy/ News Article: https://newjerseymonitor.com/2023/11/14/civil-rights-concerns-grow-over-baby-blood-tests-as-state-mulls-genomic-sequencing/

Deep Dive is now becoming Beyond the Brief. We will still bring you the same great IJ-related content as before, but now in a studio setting. Stay tuned.

Why so-called Terry stops are a threat to essential Fourth Amendment rights

In Ohio, wildlife inspectors think that the law gives them permission to come into private businesses without permission—no probable cause or warrant required

In Virginia, any one of 176 so-called barrier crimes can disqualify a person from work in certain occupations for life—no matter how old the conviction, how unrelated it is to the work the person desires to do, or how little it reflects the person’s fitness today. These laws kept IJ client Rudy Carey from fulfilling work as a substance abuse counselor for people he is uniquely fit to help. In today’s show, we talk about what happened to Rudy and how he is fighting against collateral consequences laws that are irrational and unjust. https://youtu.be/zjOqwT5M7Xw Click here for more Deep Dive episodes. Download the MP3 here.

In Wilmington, Delaware, any car with more than $200 in outstanding fines can be towed by private towing companies. Vehicle owners have no way to contest the tickets or seizure without first paying the city everything it demands in parking tickets, fines, fees, and penalties. If they can’t afford to pay in 30 days, the companies get to scrap their cars and keep their full value, returning nothing to the property owners and not even crediting part of the value of the car to the underlying fines. In exchange, the city gets a free impound program; property owners lose everything. In today’s episode, we will talk about all the ways that this system violates constitutional rights—and what two residents are doing to fight it.