Blog
STAY INFORMED.
SIGN UP FOR OUR NEWSLETTER.
Post Search
Click, Share, Retweet… DELETE: Unconstitutional Government Censorship of Social Media Platforms
Blogs
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…
Read
Patently Unjust: How the Patent and Trademark Office Is Attempting to Limit Criticism of the Government
Blogs
When Senator Marco Rubio quipped during a 2016 rally held in Salem, Virginia, that former President Donald Trump had “small hands” and suggested, “you know what they say about people with small hands,” very few Americans thought this interaction would make or break the democracy they have come to cherish. Yet these words, echoed in…
Read
Nondelegation v. Equal Protection: How Emotional Resonance Guides the Court’s Attention
Blogs
Not all constitutional violations invite the same degree of condemnation from the bench. Some cases have the benefit not only of a sympathetic party and fact pattern but of an emotionally appealing constitutional issue, which the justices of the Supreme Court are eager to address. Other cases, by contrast, raise issues that are no less…
Read
How the Administrative State Targets Small Business Owners
In the News
While sometimes portrayed as merely a threat to big business, the true victims of the Administrative State are small to medium-sized businesses. NCLA’s cases, Polyweave Packaging v. DOT and gH Package Product Testing and Consulting v. DOT, are each case studies of such practices, which demonstrate the material effects of agencies’ unconstitutional procedures on hardworking Americans. Small businesses…
Read
The Self-Regulated Art Market Leaves Bureaucrats Concerned about Job Security
Blogs
The Administrative State has nearly every aspect of American life under its thumb. Many Americans have developed Stockholm syndrome-like feelings toward the deep state, crediting clean rivers, uncontaminated food, and safe airline travel to the virtue-laden hearts of unelected bureaucrats with no constituents to answer to. But what if we escaped our captors? What if…
Read
Courts Must Distinguish Between the Bully Pulpit and Bullying to Stop Abridgements of Free Speech
Blogs
The Constitution allows the government to express its views from the bully pulpit but prohibits bullying people into silence. The government generally may select its views and say what it wishes. But the Supreme Court made clear in Bantam Books v. Sullivan (1963) that government may not resort to even “informal sanctions,” such as “the threat of invoking…
Read