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The First Amendment’s Forgotten Protection: The Right to Receive Information
Blogs
People often lament, “well, we didn’t know about that back then.” Is this a product of ignorance or merely a product of selective publication of information? After NCLA clients Dr. Jay Bhattacharya, Dr. Martin Kulldorff, Dr. Aaron Kheriaty, Jill Hines, and their co-plaintiffs uncovered the egregious partnership of social media companies and the government in Murthy…
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How State Governments Escape Consequences for Unconstitutional Covid Policies
Jenin Younescategory_listBlogs
During the Covid era, state and local governments across the nation flagrantly violated Americans’ constitutional rights for months in some cases and years in others in an ostensible effort to quell the virus’s spread. Yet, with some notable exceptions, the vast majority of bad government actors have avoided facing legal consequences by abusing the mootness…
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The President’s Prerogative Courts
Blogs
The Star Chamber. Even 383 years after its abolition, merely invoking its name brings a vague thrum of apprehension. Not a spike of fear; no, it’s nothing quite that bracing. More of a distantly remembered wrongness, a subliminal but constant worry that the ground might shift—without warning, without reason, without recourse. And through some trick…
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Title IX: A shield for all or a weapon against the accused?
Casey Normancategory_listBlogs
Title IX of the Education Amendments of 1972, provides that: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. 20 U.S.C. § 1681(a) (emphasis added). In short:…
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Controlling the Language: How Government Puppeteers the Minds of Millions
Blogs
George Orwell ominously warned “but if thought corrupts language, language can also corrupt thought.” In a nation premised on the ultimate rebellion, the government would never police speech to conform to one narrative, would it? Orwell’s words were not predictors of free speech’s demise, were they? Unfortunately, like metastatic cancer, the government has indeed been…
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Beyond the Statute: Government "Logic" and the Cargill Case
Blogs
Later this month, NCLA’s second of three cases before the Supreme Court this term will be argued, Garland v. Cargill. Like the Relentless v. Department of Commerce case heard last month, Cargill follows an all too familiar plot in the Administrative State: the evolution of a federal agency’s statutory interpretation when the agency decides it…
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