Opinion

The White House Covid Censorship Machine
Newly released documents show that the White House has played a major role in censoring Americans on social media. Email exchanges between Rob Flaherty, the White House’s director of digital media, and social-media executives prove the companies put Covid censorship...

How the Supreme Court Set the Stage for the Jan. 6 Riot
On the second anniversary of the invasion of the Capitol on Jan. 6, 2021, it’s worth considering how politics—and especially presidential elections—have increasingly become like warfare. A pair of developments—one legislative, one administrative—have raised the...

Is Social-Media Censorship a Crime?
Amid growing revelations about government involvement in social-media censorship, it’s no longer enough to talk simply about tech censorship. The problem should be understood as gov-tech censorship. The Biden White House has threatened tech companies and federal...

Welcome to the SEC’s ‘Hotel California’ Docket
Questioning a government lawyer earlier this month, Supreme Court Chief Justice John Roberts referenced “a series of cases that are a constellation around some fairly basic propositions” concerning agencies like the Securities and Exchange Commission and Federal Trade...

How Can a Trial Be Fair When the Judge Works for the Prosecutor?
The ever-expanding administrative state has become a fourth branch of government. Unelected, unaccountable and tenure-protected bureaucrats enact most rules governing Americans’ lives—thousands of new ones every year. Seeking to aid this swelling administrative state,...

The U.S. Government’s Vast New Privatized Censorship Regime
One warm weekend in October of 2020, three impeccably credentialed epidemiologists—Jayanta Bhattacharya, Sunetra Gupta, and Martin Kulldorff, of Stanford, Oxford, and Harvard Universities respectively—gathered with a few journalists, writers, and economists at an...

When Your SEC Prosecutor Is Your Judge, Scandals Surely Follow
“Agencies that combine enforcement and adjudication—as many do—are unconstitutional. But convenient for the government,” law blogger Glenn Harlan Reynolds posted earlier this year. For those who follow SEC enforcement, particularly adjudication by in-house...

‘Peekaboo Prosecution’ Turns 20
Imagine a dystopian world where Congress empowers a private corporation to secretly investigate and punish members of a particular profession — say, auditors. Think of a private version of the Securities and Exchange Commission (SEC), but with evergreen funding that...

What Originalism Must Take From the Common Good
I. Introduction On May 29th, 1919, British researchers operating out of Principe and Sobral, Brazil, tested a simple proposition: whether, during that day’s total eclipse, the light of stars proximate to the sun would be deflected, thus distorting their observed...

Kamala Harris’ Free Speech Task Force
After the COVID ‘misinformation’ experience, will the vice president’s new plan for addressing online harassment go any better? For most of its existence, I had avoided social media and held particular disdain for Twitter, which I saw as intrinsically...