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The First Amendment Threat in the Trump Civil Case
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 against Donald Trump. The stakes are high for the former president—and for the rest of us. New York’s…
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Clearly Established: SEC and CFTC on Notice of Their Persistent Free-Speech Violations
Blogs
When a judge says something is illegal, most people stop doing it and change their ways. Not so with federal agencies like the Securities and Exchange Commission and the Commodity Futures Trading Commission. In recent years, three different federal judges have told the SEC in no uncertain terms that the agency habitually violates the free…
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Freedom of Speech: Tyranny’s Greatest Enemy (and Why We Should Care)
Blogs
“In nonsense is strength.”[1] These are Kurt Vonnegut’s words, but they also happen to be the message that the U.S. federal government sends to its citizens with each unapologetic justification of its ongoing efforts to censor First Amendment-protected speech. As we’ve seen from the Twitter Files and cases like Missouri v. Biden and Dressen v. Flaherty, according to the federal government,…
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Examining The CDC’s COVID Response Actions: “Coercion. Deception. Censorship.”
In June of 2022, the NIH published a study bemoaning Americans’ depleted trust in public health: “Public trust in federal government agencies has never been as important as it has been during the Covid-19 pandemic, yet public suspicions of scientific experts and levels of distruct of government institutions are increasing for a variety of reasons[.]”…
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Biden’s Social-Media Censorship Harms Us All
The Supreme Court will decide as early as Wednesday whether to stay the lower courts’ injunction against the administration’s social-media censorship in Missouri v. Biden. One of the solicitor general’s arguments in the government’s defense is that the well-documented injuries to the plaintiffs, who were direct targets of the censorship, don’t justify a broad injunction that…
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The SEC Puts Itself on Moot—Answering Justice Robert Jackson’s Eight-Decade-Old Query—Has the SEC Become a Law Unto Itself?
The SEC Puts Itself on Moot—Answering Justice Robert Jackson’s Eight-Decade-Old Query—Has the SEC Become a Law Unto Itself
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