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The Constitution Protects You Even if You Don’t Know It
Caleb Kruckenberg
The problem with the Fourth Amendment is that it doesn’t really say what we want it to say. It “secure[s]” the “right of the people” “against unreasonable searches and seizures[.]” But it doesn’t say anything about our privacy. While courts have spent most of the last 50 years trying to work some sort of privacy…
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Comments in Response to Alcohol and Tobacco Tax and Trade Bureau, Treasury: Modernization of the Labeling and advertising Regulations for Wine, Distilled Spirits, and Malt Beverages
In the News
Notice No. 176: Modernization of the Labeling and Advertising Regulations for Wine, Distilled Spirits, and Malt Beverage; Docket No. TTB-2018-0007 While the Proposed Rule’s liberalization of Certificate of Label Approval (“COLA”) regulations reforms an overly burdensome regulatory system, the Labeling Rule fails to address two principal defects in the Bureau’s COLA scheme. First, at its…
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How Chilling Brewers’ Free Speech Puts the First Amendment on Ice
Michael P. DeGrandis
I’ve got a great idea. Go out and get yourself an Atlas Brew Works Blood Orange Gose (I had one while moderating our free speech event yesterday—it’s delicious!), come back to this blog, and click here to listen to NCLA’s Lunch & Law event (Happy Hour Edition, thanks to the subject matter). You’ll have a tough time deciding which…
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Unless Fixed Now, Ninth Circuit Case Granting Immunity For Police Theft Will Prove Hard To Unwind
In the News
Wide consequences will stem from the U.S. Court of Appeals for the Ninth Circuit’s recent decision granting qualified immunity to several Fresno, California police officers sued for theft. These consequences will prove hard to unwind unless the court—as it should—rehears the case en banc and fixes it now. Imagine that a police officer, in the…
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INSIGHT: Theft by Police Officers Is Unconstitutional, Right?
In the News
Originally published in Bloomberg Law on June 17, 2019 Fresno, Calif., police officers may have just gotten away with grand larceny. The Ninth Circuit recently passed on the opportunity to establish—once-and-for-all—that police officers stealing private property while executing a search warrant is, in fact, unconstitutional. The Jessop v. City of Fresno case brings to light a doctrine called…
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Leaving Them Speechless: A Mere Government Agency Cannot Silence Americans for Life
When government agencies such as the U.S. Securities and Exchange Commission (SEC) and the U.S. Commodity Futures Trading Commission (CFTC) bring charges, their press releases are notorious for their high visibility and inflammatory rhetoric. Within moments, lives are forever altered, reputations destroyed, businesses put on the road to ruin with many livelihoods at risk. What…
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