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Meta’s U-Turn on Censorship: A Win for Free Speech or Too Little, Too Late?
Blogs
Meta announced that it will discontinue its fact-checking program, which it will replace with a Community Notes model akin to that utilized by X (formerly known as Twitter). Free speech proponents are celebrating this policy change as effectively ending viewpoint-based censorship on Meta’s social media platforms (Facebook, Instagram, and Threads). To accompany Meta’s written statement,…
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Free Speech in the Age of Sensitivity: A Cautionary Tale
Blogs
Nearly a century ago, Justice Brandeis warned: “Experience should teach us to be most on our guard to protect liberty when the Government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal,…
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Make Income-Based Repayment Great Again
Blogs
Assuming it does not simply abolish the Department of Education, the Trump Administration will have to fix the mess left by President Biden’s repeated unlawful (and unsuccessful) attempts to cancel student loans. The biggest challenge may be the fallout from the illegal Saving on a Valuable Education (SAVE) program, which lowers participants’ monthly payments to virtually…
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Schrödinger’s Cat, Jurisdiction, and Missouri v. Biden
Blogs
Missouri v. Biden was one of the premier free speech cases at the Supreme Court last term. The Supreme Court dissolved the injunction against various Government agencies from silencing Americans with which it disagreed on such things as forced vaccination, the efficacy of vaccines, whether Hunter Biden’s laptop left in a repair shop was actually…
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The Golden Age of Jury Trial Rights?
Blogs
Earlier this year, the Supreme Court decided two significant cases regarding jury trial rights—Erlinger v. United States and SEC v. Jarkesy. Even though these cases arose under different amendments, Erlinger under the Sixth Amendment, guaranteeing the right to a jury trial “in all criminal proceedings[,]” and Jarkesy under the Seventh Amendment, guaranteeing the right to…
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ALJs: Unnatural Law Judges
Blogs
Core to American democracy is John Locke’s insight that the purpose of government is to preserve the people’s natural rights to life, liberty, and property. To accomplish this goal, a government must provide a “known and indifferent judge, with authority to determine all differences according to the established Law.” Locke specifically warned that “for every…
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