In an essay in The Atlantic titled “In Defense of Flock,” the Manhattan Institute’s Charles Fain Lehman rightly recognizes a foundational principle of criminology: The certainty of apprehension serves as a potent crime deterrent. Yet, in framing automated surveillance as a technological panacea, Lehman ignores the critical trade-off at the heart of a free society. As Benjamin Franklin famously warned: “Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.”

To test Lehman’s thesis, one need only apply his logic to his own doorstep. Imagine if the local police department installed a high-resolution pole camera directed squarely at his front door. By his own logic, Lehman should be elated: The camera would deter prospective burglars and, should an intruder ignore it, capture their every movement in crisp detail to ensure swift apprehension.

Cleveland police officers Bailey Gannon and Jennifer Kilnapp responded to a 911 report of a disturbed man with a firearm. Entering a boarding house, they were told by the caller that the man was in a bathroom on the second floor. Gannon opened the bathroom door and, upon seeing the man, fled and blindly fired. One of Gannon’s shots tore through Kilnapp’s arm and lodged in her back, causing lasting physical and psychological damage that ended her police career.

Kilnapp sued Gannon, alleging excessive force. The district court denied Gannon’s motion for judgment on the pleadings based on qualified immunity and a Sixth Circuit panel affirmed. However, a later Sixth Circuit panel vacated and remanded the district court’s denial of summary judgment to Gannon based on qualified immunity. The court held that Gannon seized Kilnapp when he “fired his weapon in circumstances that objectively manifested an intent to restrain” the man in the bathroom. However, the court described this holding as only “largely established” by Supreme Court decisions from 1989 and 2007—but not “crystallized” until a 2021 decision issued after Gannon shot Kilnapp. The court thus held that Gannon was entitled to qualified immunity.

Cato filed an amicus brief asking the Supreme Court to review and reverse this decision. A legal principle can always be “crystallized” further—but the law was clearly established that shooting someone other than the target is a seizure. The mere contingency of a later decision recognizing that a plaintiff like Kilnapp could seek relief did not make Gannon’s decision to blindly open fire reasonable.

A federal district court ruled last week that key provisions of the National Firearms Act—including the registration scheme for so-called “silencers” (properly called suppressors), along with short-barreled rifles and short-barreled shotguns—are now unconstitutional. The reasoning is refreshingly simple. 

The NFA was never anything but a tax law: Congress used its Article I taxing power in 1934 to impose steep “transfer and making taxes” on disfavored weapons, and the registration and application requirements existed only to help collect that tax. But in 2025, as part of the One Big Beautiful Bill Act, Congress zeroed out those taxes for most NFA firearms. A tax that raises no revenue isn’t a tax at all—and without a live tax to enforce, the regulatory scaffolding built around it has nothing left to stand on. As Judge James Wesley Hendrix put it in Silencer Shop Foundation v. ATF, the government cannot retroactively justify a statute under a power Congress never invoked, like the Commerce Clause, just because the power Congress did invoke stopped working.

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My colleague Stephen Richer has already weighed in with observations on the New Jersey voter registration fiasco, in which a software error mistakenly registered roughly 6,600 persons to vote between June 12, 2023, and June 25, 2024, even though they had affirmed they were not US citizens. Of these, somewhat fewer than 400 later voted. 

So far as I am aware, this is by far the biggest instance of unlawful noncitizen voting in the US unearthed in the past generation, so it may matter that it seems to be widely agreed that the mistaken registration did not result from intentional misconduct by the persons added to the rolls, the state, or its software vendor. Damningly, however, when the error was found and the software fixed, the state “never notified affected residents or removed their names from the rolls,” according to the NYT account. Incoming Gov. Mikie Sherrill at a press conference called this “unacceptable.” That’s for sure. 

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The Senate Commerce Committee this week advanced several bills that would radically restrict free expression, innovation, and privacy online. Most policymakers sincerely believe these bills will keep kids safe online, but the bills are dangerous attacks on online speech. The committee took up measures on both online platforms and AI; this article focuses on the two bills aimed at social media, gaming, and communications platforms: the SCREEN Act and the Kids Online Safety Act (KOSA). 

The SCREEN Act

The SCREEN Act won a 15–13 committee vote but was not reported out because too few senators were physically present to meet the quorum requirement, so we will likely see it again. It aims to keep minors from accessing pornography. But any platform hosting any potentially pornographic content must verify the age of all its users. The bill also targets virtual private network (VPN) users.

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Last Tuesday (July 28), the Senate confirmed Jay Clayton to be the new director of national intelligence (DNI). Yet Clayton was not sworn in until today, with William Pulte continuing to purportedly serve as the acting director of national intelligence for all of last week. Bizarrely, both men attended the cabinet meeting on Friday at Camp David. But while the administration was within its rights to delay Clayton’s swearing in as long as it wished, it could not extend Pulte’s acting service. Under the plain language of the Federal Vacancies Reform Act, Pulte’s time limit as acting DNI expired the moment the Senate confirmed Clayton. Everything Pulte has done as acting DNI since that moment has been legally illegitimate and is vulnerable to a court challenge.

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