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How Washington Can Finally Get Back to Fiscal Sanity
There’s reason to hope for at least a temporary move toward fiscal sanity in Washington. Ordinarily, a drive for a slimmed-down federal budget would last little longer than a New Year’s dieting resolution. What gives credibility to the current federal weight-loss plans is the commitment of some outsize characters. President Donald Trump, Elon Musk, and…
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The Two Holdings of Securities and Exchange Commission v. Jarkesy and What They Mean for the Future of Administrative Adjudication
Blogs
Public commentary on the Supreme Court’s decision in SEC v. Jarkesy is an unusually stark litmus test of political and legal perspectives of the commentariat. Progressives sound a drumbeat of conspiracy, destruction, mayhem and even ruin against a lively background of originalists, libertarians, and conservatives shooting off fireworks and cannons or popping champagne to celebrate. …
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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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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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