Opinion
Kruckenberg: Accused Means Guilty in College Kangaroo Courts
It’s a scary time to be on campus and not just because of COVID-19. In the past decade, the US Department of Education has prioritized the detailed management of disciplinary actions on campus for students and faculty accused of sexual misconduct. The department has...
FDRLST Media, LLC v. NLRB
The Third Circuit Court of Appeals will shortly hear argument on a case involving a light-hearted joke and the heavy hand of the administrative state. The case presents the court with the opportunity to restore actual aggrievement to the labor law’s explicit statutory...
Purchasing Submission
Our government rules us in many ways. Theoretically, by law. As a practical matter, by administrative edicts. But that's not all. It also controls us by purchasing our submission. The problem crosses party boundaries. All recent administrations have governed by...
Good-bye, Morrison v. Olson
United States v. Arthrex, this summer’s much-anticipated Supreme Court decision which concluded that the Patent and Trademark Appeal Board (PTAB) is unconstitutionally structured, is unlikely to have a major impact on PTAB operations. The Court “fixed” the...
MSU Shot Mandate Tramples Liberty
Among the most bizarre aspects of an undeniably strange past 18 months has been the refusal of the media, as well as various governmental entities and public health authorities, to acknowledge the existence of naturally acquired immunity in the context of COVID-19....
Education Secretary Withdraws Unlawful Critical Race Theory Proposal
U.S. Secretary of Education Miguel Cardona quietly blogged on July 16, 2021, that the U.S. Department of Education has apparently rescinded its “Proposed Priorities—American History and Civics,” which was published for public comment in the Federal Register in April....
Biden’s Land Grab – The Federal Policy For Intentional Decline
One thing that can be safely said about the Biden Administration is that when you think they could not become even more extreme, they make clear that you underestimate them at your peril. Take President Biden’s Executive Order 14008, entitled “Tackling the Climate...
Setting the Record Straight on Reining in Big Tech
Last weekend, we published an essay in the Wall Street Journal arguing that Big Tech services and platforms that function as conduits for the speech of others can constitutionally be subject to state civil-rights statutes barring viewpoint discrimination. One reason...
Peaceable Assembly: Accept No Substitute
Aristotle told us that humans are social animals—interaction with each other is essential to our wellbeing. Technology has enabled us to communicate with family, friends, and associates cheaply, easily, and instantaneously around the globe, which is great. But...
The First Amendment Doesn’t Protect Big Tech’s Censorship
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...