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Just Say No
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, universities, and hospital systems across the nation have recently reinstituted masking and quarantine requirements. Sen. Ed Markey, D-Mass., recently reinstated a mask mandate in his Capitol…
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I Met Judge Pauline Newman. She Proves Age Is Just a Number
Blogs
When I decided to spend my summer as an intern at the New Civil Liberties Alliance, I had no idea I’d change my mind about the U.S. Constitution. But conversations with our elders have a way of changing our perspective. U.S. Circuit Judge Pauline Newman convinced me that the Framers got it right when they…
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Government Speech: Who’s Responsible When the Government Lies…and People Die?
Blogs
In two recent oral arguments at the Fifth Circuit Court of Appeals, including in NCLA’s case Missouri v. Biden, the issue of government speech rights was raised. In both cases the US Government argued it has speech rights which allow it to put out messaging and communicate to the public. It further argued it is not…
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Partners in Crime
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 we were under pressure from the [Biden] administration and others to do more and it…
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New York and Massachusetts: Your Digital Devices Are Constitution-Free Zones
Blogs
The digital age is dead; long live the digital age. Once, we understood as a matter of common sense that what we posted online or did on our phones, while digital, was still real. A mean Tweet is mean speech; and your digital files are property, because why else would you have a password to exclude…
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In Landmark Free Speech Case, Fifth Circuit Judge Likens Government Coercion Of Big Tech To ‘Mob’ Boss
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 Appeals last week. The government made an expedited appeal of the July 4th order of the…
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