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Controlling the Language: How Government Puppeteers the Minds of Millions

By: Kaitlyn Schiraldi February 9, 2024
Blogs
George Orwell ominously warned “but if thought corrupts language, language can also corrupt thought.” In a nation premised on the ultimate rebellion, the government would never police speech to conform to one narrative, would it? Orwell’s words were not predictors of free speech’s demise, were they?   Unfortunately, like metastatic cancer, the government has indeed been…
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What is the SEC so afraid of?

By: Margaret A. Little February 9, 2024
The New Civil Liberties Alliance filed an amicus curiae brief in Elon Musk v. Securities and Exchange Commission, urging the Supreme Court to strike down SEC’s “Gag Rule.”
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Beyond the Statute: Government "Logic" and the Cargill Case

By: Zhonette Brown February 1, 2024
Blogs
Later this month, NCLA’s second of three cases before the Supreme Court this term will be argued, Garland v. Cargill. Like the Relentless v. Department of Commerce case heard last month, Cargill follows an all too familiar plot in the Administrative State: the evolution of a federal agency’s statutory interpretation when the agency decides it…
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Will Relentless and Loper Bright take Occam’s Razor to Chevron and its Barnacles?

By: Margaret A. Little January 26, 2024
Blogs
I’d like to talk about just one distinctive aspect of the body of law that has followed in the wake of the Supreme Court’s decision in Chevron—that it has spawned a boatload of complex and comically inscrutable doctrines. Here’s counsel for the boat Relentless at argument: “You…need a secret decoder ring to figure out what…
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The Supreme Court Must Discard Qualified Immunity to Hold Those in Power Accountable to the Law

By: Greg Dolin January 22, 2024
Blogs
One of the foundational principles of the United States is that we are a country of laws, not men—a place where the lowliest of the low are subject to the same laws and rules as the most exalted and powerful. Most of us learned in our middle school civics class that whenever anyone has their…
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Scuttling Chevron Will Put the Ship of State Back on a Constitutional Course

By: Mark Chenoweth January 17, 2024
Like North Atlantic squalls pounding away at the New England shoreline, judicial deference doctrines have eroded the civil liberties ordinary Americans enjoy. No one can hold back the tide, but the Supreme Court has the opportunity to stop the erosion of civil liberties in a marquee case it will hear this week. My organization, the…
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