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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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The Stakes for Speech of Trump’s Civil Verdict
New York state bluntly informed President-elect Trump’s lawyers this week that it won’t agree to vacate the massive civil fraud judgment against him and his family. Although the state’s intransigence surely disappoints Mr. Trump and his family, it isn’t altogether regrettable. The case can now proceed, which means it will clarify our freedom of speech.…
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An Insider’s Look at the Implications of ATF’s Bump Stock Ban Being Vacated
In Orwell’s 1984, after years of war against Eurasia as Eastasia’s ally, Oceania abruptly switches sides, becoming Eurasia’s ally against Eastasia. Instead of articulating a policy change, the government simply rewrote history to declare that “Oceania had always been at war with Eastasia.” The modern Administrative State uses the same Orwellian tactic to rewrite the law.…
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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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