by trevor.schakohl@ncla.legal | Nov 1, 2023 | Opinion, Philip Hamburger
Can the government penalize someone for an inaccurate statement that wasn’t made with bad intent, recklessness or negligence, and that didn’t cause concrete harm to an identifiable third party? That’s the First Amendment question underlying the civil-fraud suit...
by trevor.schakohl@ncla.legal | Sep 19, 2023 | Opinion, Peggy Little
The Supreme Court’s opinion in Axon Enterprise Inc. v. FTC (Axon/ Cochran) is full of surprises, from its inception—launched despite a seemingly impenetrable barrier of five adverse circuit precedents (hereinafter the SEC ALJ Cases)—to conclusion in a unanimous...
by trevor.schakohl@ncla.legal | Sep 11, 2023 | Jenin Younes, Opinion
A recent uptick in COVID-19 cases, accompanied by the predictable hysterical media coverage, has spurred nationwide chatter about a possible return to pandemic restrictions, from school closures to mask mandates. This is not baseless supposition, as schools,...
by trevor.schakohl@ncla.legal | Aug 20, 2023 | Jenin Younes, Opinion
In July of 2021, Meta’s head of global affairs, Nick Clegg, emailed a Facebook vice president in charge of content policy, asking why the company had removed from Facebook, rather than demoted or flagged, claims that COVID-19 was “man-made.” Rice responded, “Because...
by trevor.schakohl@ncla.legal | Aug 15, 2023 | John J. Vecchione, Opinion
Whether or not the federal government and its myriad agencies will be able to coerce, cajole, encourage, threaten, and browbeat social media companies into removing views it does not like from their platforms was the question before the Fifth Circuit Court of...
by trevor.schakohl@ncla.legal | Aug 10, 2023 | Greg Dolin, Opinion, Philip Hamburger
A disturbing constitutional drama is unfolding in the U.S. Court of Appeals for the Federal Circuit. Chief Judge Kimberly Moore has effectively deprived one of her colleagues, Judge Pauline Newman, of her judicial office. Although not as noisy as recent attacks on the...
