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A Key Ruling Against Social-Media Censorship
This July Fourth there was special reason to celebrate. Judge Terry Doughty issued a preliminary injunction in Missouri v. Biden, which stands to become one of the most important free-speech cases in the nation’s history. At stake is the federal government’s use of social-media platforms to censor Americans. Officials kept most of their censorship regime secret through two election…
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The SEC’s Bleak House of Cards: Some Reflections on Jarkesy v. SEC and Judicial Doctrine
The SEC’S Bleak House of Cards Some Reflections on Jarkesy v. SEC and Judicial Doctrine
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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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