Does the Constitution require Americans to accept Big Tech censorship? The claim is counterintuitive but the logic is clear: If you submit a letter to this newspaper, the editors have no legal obligation to publish it, and a statute requiring them to do so would be struck down as a violation of the Journal’s First…

The Appellate Division of the New Jersey Superior Court just gave Gov. Phil Murphy a blank check to make law through executive orders anytime there are signs of an economic downturn approaching. In Kravitz v. Murphy, the court ruled New Jersey’s Disaster Control Act—a statute passed during World War II that authorizes the governor to…

Imagine Congress enacting a law providing that every trade you or your broker makes in the stock market must be reported to the Securities and Exchange Commission for storage in a government database. This forced surrender is analytically no different from reporting your shopping to the government, or a requirement that your doctor send your…

The intimidation game has begun. President Biden announced last Friday the formation of a commission on reforming the Supreme Court, and Democrats in the House and Senate responded on Wednesday by announcing that a bill to add four justices to the high court is forthcoming. These are dangerous developments. Even if court packing ultimately fails,…

The first month of President Biden’s administration began with nearly two-score shots across the bow signaling the continued strength of the Leviathan state. In his first days in office, the new President issued 37 executive orders (EOs), more than the Trump and Obama administrations combined issued in the same period. These and other early Biden…

Section numbers of federal statutes rarely stir the soul, but one of them, 230, stirs up much fear, for it has seemed to justify censorship. Relying on it, tech companies including Google and Twitter increasingly pull the plug on disfavored posts, websites and even people. Online moderation can be valuable, but this censorship is different. It harms…