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Beware “Harvard Deference”: Judicial Deference and Race-Based Admissions
Kyle Atwood
Photo: Widener Library, Harvard University Should courts defer to a university’s decision to base admissions decisions on the race of applicants? That issue is likely to be addressed in the upcoming Students for Fair Admissions v. Harvard and University of North Carolina cases, which the Supreme Court has agreed to hear in its 2022-23…
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DHS Disinformation Board Paused, Government Urge to Censor Continues
Brian Rosner
Photo: Nina Jankowicz, Former Executive Director of the Disinformation Governance Board, at the U.S. Embassy Vienna, October 10, 2019 So, she is gone. The Minister of Disinformation has resigned. Whether any factor alone could have done her in—what apparatchik could survive being lampooned as both a Goebbelsesque Mary Poppins and a feminine Big Brother—the combination…
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Kamala Harris' Free Speech Task Force
After the COVID ‘misinformation’ experience, will the vice president’s new plan for addressing online harassment go any better? For most of its existence, I had avoided social media and held particular disdain for Twitter, which I saw as intrinsically anti-intellectual. So it was with some hesitation that I opened a Twitter account in the fall…
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The Thing No One Is Talking About Post-AMG
Kara Rollins
Photo: The Apex Building, headquarters of the Federal Trade Commission, on Constitution Avenue and 7th Streets in Washington, D.C. A little over a year ago, the Supreme Court issued a unanimous decision in AMG Capital Management, LLC v. Federal Trade Commission. In that case, the Court determined that Section 13(b) of the Federal Trade…
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Judge Jones Stands Up for Separation-of-Powers Principles
Richard Samp
Photo: Adam Fagen Defenders of the administrative state have long contended that the Government runs much more smoothly when professional bureaucrats are granted free rein to act in “the public interest,” unconstrained by political forces that they fear are, all too often, dominated by “special interests.” That belief led in 2010 to creation of the…
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Unchecked by Courts, Government Censorship of Social Media Platforms Will Prove Fatal to Free Speech in Digital Age
In the News
The Biden administration’s increasingly aggressive efforts to combat so-called misinformation, along with the prospective acquisition of Twitter by free speech advocate Elon Musk, have sparked a national debate about what role, if any, the government should play in censoring social media. While some have applauded the administration’s campaign to police online “misinformation” about COVID-19 and…
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