by trevor.schakohl@ncla.legal | Mar 27, 2024 | Opinion, Philip Hamburger
The justices of the Supreme Court never focused on the First Amendment’s words when hearing arguments in Murthy v. Missouri last week. The case challenges the federal government’s orchestration of social media censorship, so one might have expected the justices to pay...
by trevor.schakohl@ncla.legal | Feb 22, 2024 | Opinion, Philip Hamburger
Our nation faces many problems, including moral decay, religious decline, economic malaise, and military vulnerabilities, but none of these problems are as firmly entrenched as our primary governmental problem, the administrative state. Administrative power is the...
by trevor.schakohl@ncla.legal | Feb 25, 2024 | Opinion, Philip Hamburger
It’s said that for every right there’s a remedy. Three cases before the Supreme Court will test whether that’s true for the freedom of speech. In National Rifle Association v. Vullo, a New York state official took aim at gun advocacy by threatening regulatory hassle...
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...
