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How the Administrative State Targets Small Business Owners
In the News
While sometimes portrayed as merely a threat to big business, the true victims of the Administrative State are small to medium-sized businesses. NCLA’s cases, Polyweave Packaging v. DOT and gH Package Product Testing and Consulting v. DOT, are each case studies of such practices, which demonstrate the material effects of agencies’ unconstitutional procedures on hardworking Americans. Small businesses…
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The Self-Regulated Art Market Leaves Bureaucrats Concerned about Job Security
Blogs
The Administrative State has nearly every aspect of American life under its thumb. Many Americans have developed Stockholm syndrome-like feelings toward the deep state, crediting clean rivers, uncontaminated food, and safe airline travel to the virtue-laden hearts of unelected bureaucrats with no constituents to answer to. But what if we escaped our captors? What if…
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Courts Must Distinguish Between the Bully Pulpit and Bullying to Stop Abridgements of Free Speech
Blogs
The Constitution allows the government to express its views from the bully pulpit but prohibits bullying people into silence. The government generally may select its views and say what it wishes. But the Supreme Court made clear in Bantam Books v. Sullivan (1963) that government may not resort to even “informal sanctions,” such as “the threat of invoking…
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How the Government Justifies Its Social-Media Censorship
The organization I lead, the New Civil Liberties Alliance, represents plaintiffs in Missouri v. Biden, a lawsuit challenging the federal government’s campaign to censor speech on social media. For years, officials at the White House, the Federal Bureau of Investigation, the Department of Homeland Security, the Central Intelligence Agency and other agencies have pressured tech companies to suppress “misinformation.”…
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The Demise of the SEC’s Adjudication System
Earlier this month on a Friday afternoon, the Securities and Exchange Commission quietly issued an extraordinary administrative order. In one fell swoop, the SEC unconditionally abandoned more than 40 enforcement cases the agency had previously spent untold staff resources prosecuting over the past decade. In essence, the agency largely shut down what I’ve previously called its “Hotel California” adjudication system.…
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It’s Not Coercion Until They Break Your Will
Blogs
The government recently had an opportunity to attempt to convince a federal court why efforts to abridge United States citizens’ disfavored political speech are consistent with the First Amendment. As explained in NCLA’s Missouri v. Biden case, ever since 2016, the federal government has become more interested in monitoring and managing what circulates on social media. With…
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