Opinion
The Biden Administration’s Assault on Free Speech
Among the revelations in the so-called Twitter files was that government officials pressured social-media companies to censor posts unfavorable to the Biden administration. The White House has denied this, insisting that companies like Meta and Twitter adopted...
Missouri v. Biden: The Crossroads Between Misinformation and Free Speech
Judge Terry Doughty’s Fourth of July issuance of a preliminary injunction in the case Missouri v. Biden has drawn powerful reactions, earning the federal judge a slew of both fans and critics. I recommend my colleague John Vecchione’s discussion of the case and Judge...
Free Speech on the Fourth of July
On the Fourth of July, a preliminary injunction issued against the government protecting the rights of all Americans to enter and be heard in the modern public square that is social media without government interference. Judge Terry A. Doughty, in Missouri v. Biden,...
Court’s Student-Loan Decision Is Not Legally Controversial
The Supreme Court typically waits until the end of a term before releasing its most impactful and controversial decisions. This term’s final decision was Biden v. Nebraska, which held that President Biden lacks authority to spend half a trillion dollars to cancel...
A Key Ruling Against Social-Media Censorship
This July Fourth there was special reason to celebrate. Judge Terry Doughty issued a preliminary injunction in Missouri v. Biden, which stands to become one of the most important free-speech cases in the nation’s history. At stake is the federal government’s use of...
The SEC’S Bleak House of Cards: Some Reflections on Jarkesy v. SEC and Judicial Doctrine
George Jarkesy, a private businessman who came into the Securities and Exchange Commission’s (SEC) sights in 2013 after his businesses lost money in the 2008 recession, was trapped in SEC administrative proceedings for over a decade. He holds the unenviable...
The Demise of the SEC’s Adjudication System
Earlier this month on a Friday afternoon, the Securities and Exchange Commission quietly issued an extraordinary administrative order. In one fell swoop, the SEC unconditionally abandoned more than 40 enforcement cases the agency had previously spent untold staff...
How the Government Justifies Its Social-Media Censorship
The organization I lead, the New Civil Liberties Alliance, represents plaintiffs in Missouri v. Biden, a lawsuit challenging the federal government’s campaign to censor speech on social media. For years, officials at the White House, the Federal Bureau of...
Have the SEC’s Delay Tactics Made Its Petition for Rulemaking Process Vulnerable to Challenge? A Look at In re Coinbase Inc. and SEC’s Nullification of 5 U.S.C. § 553(e) by Inaction
Last week, Coinbase launched its first counteroffensive against the Securities Exchange Commission’s (“SEC”) aggressive enforcement posturing in the cryptoeconomy. The cryptocurrency trading platform filed a petition for writ of mandamus asking the Third Circuit to...
The Student-Loan Suspension Is Also Illegal
The Biden administration’s attempt to forgive $400 billion in outstanding student loan debt through administrative fiat has come under richly deserved fire, with its fate now in the hands of the Supreme Court. But an equally unlawful companion giveaway has thus far...