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The Case That Should Restore Our Government

By: Margaret A. Little November 30, 2023
Noah Rosenblum’s Atlantic piece on Jarkesy v. SEC, a case that was argued at the Supreme Court Wednesday, is alarmingly titled “The Case That Could Destroy Our Government.” This apocalyptic take is the culmination of a concerted effort on the part of sectors of the legal media and academia to hoodwink the American public about a…
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Opt-Out Versus Opt-In, the Inverted Presumption, and the CAT

November 17, 2023
Blogs
“We do it this way on all other campuses. If we cannot do it this way, we’ll leave Amherst.” That was the ultimatum served to me by a representative of MASSPIRG (Massachusetts Public Interest Research Group) fourteen and a half years ago. At the time, I was a member of the five-student strong Amherst College…
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Neutral Magistrate Should Resolve Our Legal Contests, Not One of the Contestants

By: Andrew Morris November 9, 2023
Blogs
“I don’t know what you mean by ‘glory,’” Alice said. Humpty Dumpty smiled contemptuously. “Of course you don’t—till I tell you. I meant ‘there’s a nice knock-down argument for you!’” “But ‘glory’ doesn’t mean ‘a nice knock-down argument,’” Alice objected. “When I use a word,” Humpty Dumpty said in rather a scornful tone, “it means just what I choose it to mean—neither more nor less.” “The question…
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The First Amendment Threat in the Trump Civil Case

By: Philip Hamburger November 1, 2023
Can the government penalize someone for an inaccurate statement that wasn’t made with bad intent, recklessness or negligence, and that didn’t cause concrete harm to an identifiable third party? That’s the First Amendment question underlying the civil-fraud suit against Donald Trump. The stakes are high for the former president—and for the rest of us. New York’s…
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Clearly Established: SEC and CFTC on Notice of Their Persistent Free-Speech Violations

By: Russ Ryan October 19, 2023
Blogs
When a judge says something is illegal, most people stop doing it and change their ways. Not so with federal agencies like the Securities and Exchange Commission and the Commodity Futures Trading Commission. In recent years, three different federal judges have told the SEC in no uncertain terms that the agency habitually violates the free…
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Freedom of Speech: Tyranny’s Greatest Enemy (and Why We Should Care)

By: Casey Norman October 6, 2023
Blogs
“In nonsense is strength.”[1] These are Kurt Vonnegut’s words, but they also happen to be the message that the U.S. federal government sends to its citizens with each unapologetic justification of its ongoing efforts to censor First Amendment-protected speech.  As we’ve seen from the Twitter Files and cases like Missouri v. Biden and Dressen v. Flaherty, according to the federal government,…
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In NCLA Relentless Case, Supreme Court Overturns Chevron DeferencePress Release >>
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