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Abridging, Not Coercing, Is The First Amendment’s Yardstick for Speech Violations

Philip Hamburger, a professor at Columbia, is the CEO of the New Civil Liberties Alliance, which represents most of the individual plaintiffs in Murthy v. Missouri. Hamburger wrote the following post in response to a post at Volokh by Ilya Somin: Is coercion the First Amendment’s measure of the freedom of speech? In commenting on Murthy v.…
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Government Was ‘Going After Lawful Speech,’ Which First Amendment Explicitly Forbids: NCLA President

The Supreme Court on Monday heard arguments in what is being called the “most consequential” First Amendment case in America’s history. The attorneys general of Missouri and Louisiana, and five individuals, claim that federal officials violated their First Amendment rights by coercing social media companies to censor their viewpoints in their social media posts that…
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FAQs re Murthy v. Missouri

Philip Hamburger asked me to post these FAQs about Murthy v. Missouri. Philip is CEO of the New Civil Liberties Alliance, which represents most of the individual plaintiffs in Murthy. I am on the NCLA’s board. PHILIP HAMBURGER: Next Monday, the Supreme Court will hear arguments in Murthy v. Missouri considering whether it should sustain the injunction awarded to…
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New SEC Climate Rules Likely To Come Under Intense Scrutiny as an Example of ‘Regulatory Overreach’

‘The SEC has turned into a ‘regulate everything’ agency,’ one critic of the new rules says. New rules from the Securities and Exchange Commission requiring companies to report their greenhouse gas emissions are poised to unleash a wave of litigation against what critics see as a clear case of regulatory overreach. The rules, released by…
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‘Vindictive Operation’: Oldest Federal Judge Speaks Out Against Colleagues’ Effort To Remove Her From The Bench

… Newman passed examinations by two medical professionals, though the judicial council dismissed their validity, according to the New Civil Liberties Alliance… Moore’s order last year quickly sparked due process concerns: should the judges who are accusing Newman be the same ones investigating? Former Federal Circuit Chief Judge Paul Michel sounded the alarm in July about Moore and the…
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