When I decided to spend my summer as an intern at the New Civil Liberties Alliance, I had no idea I’d change my mind about the U.S. Constitution. But conversations with our elders have a way of changing our perspective. U.S. Circuit Judge Pauline Newman convinced me that the Framers got it right when they…

In two recent oral arguments at the Fifth Circuit Court of Appeals, including in NCLA’s case Missouri v. Biden, the issue of government speech rights was raised. In both cases the US Government argued it has speech rights which allow it to put out messaging and communicate to the public. It further argued it is not…

The digital age is dead; long live the digital age. Once, we understood as a matter of common sense that what we posted online or did on our phones, while digital, was still real. A mean Tweet is mean speech; and your digital files are property, because why else would you have a password to exclude…

The Supreme Court in several recent cases has explicitly applied what it refers to as the “major questions doctrine” (MQD) when construing the meaning of federal statutes. Under the Doctrine, in “extraordinary” cases the Court will not accept a federal agency’s claim that Congress has authorized the agency to make “major policy decisions” with vast…

[The following is an abridged transcript of a speech given by Thomas Dupree on July 13, 2023, during the Hamburger-Frankfurter Debate at the New Civil Liberties Alliance. Mr. Dupree was assigned the ‘Chevron must be overturned!’ side of the debate.] In Marbury v. Madison, Chief Justice John Marshall famously stated that “[i]t is emphatically the province…

 Are social media platforms truly “social?” Twitter’s mission statement reads, “To give everyone power to create and share ideas and information instantly, without barriers.” Facebook’s mission statement includes, “the power to build community and bring the world closer together.” If these platforms were intentionally designed with missions to build a more cohesive community through the free flow…