by trevor.schakohl@ncla.legal | Nov 1, 2023 | Opinion, Philip Hamburger
Can the government penalize someone for an inaccurate statement that wasn’t made with bad intent, recklessness or negligence, and that didn’t cause concrete harm to an identifiable third party? That’s the First Amendment question underlying the civil-fraud suit...
by trevor.schakohl@ncla.legal | Aug 10, 2023 | Greg Dolin, Opinion, Philip Hamburger
A disturbing constitutional drama is unfolding in the U.S. Court of Appeals for the Federal Circuit. Chief Judge Kimberly Moore has effectively deprived one of her colleagues, Judge Pauline Newman, of her judicial office. Although not as noisy as recent attacks on the...
by trevor.schakohl@ncla.legal | Jul 28, 2023 | Jenin Younes, Opinion, Philip Hamburger
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...
by trevor.schakohl@ncla.legal | Sep 26, 2023 | Opinion, Philip Hamburger
The Supreme Court will decide as early as Wednesday whether to stay the lower courts’ injunction against the administration’s social-media censorship in Missouri v. Biden. One of the solicitor general’s arguments in the government’s defense is that the well-documented...
by judy.pino@ncla.legal | Jul 5, 2023 | Opinion, Philip Hamburger
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...