Prof. John Banzhaf, who filed the FCC petition to bar use of the word "Redskins" on broadcast radio and TV, gives the best argument (intentionally or not) against the FCC's power to control broadcast content.
Twice in America's history, statesman have considered the constitutionality of proposed international courts. Those significant but forgotten episodes - such as the International Prize Court debate - can inform an evaluation of the International Criminal Court. My new article examines them.
The premise of FCC v. Pacifica, which upheld a ban on certain vulgarities on radio and television, was that their offensiveness did not stem from the ideas they express. But people are trying to suppress the word "Redskins" precisely because they view it as expressing racist ideas.
Many commentators have noticed that the Obama Administration has often undermined legal norms in pursuing its political agenda. Few have asked why.
"Do as we say, not as we do."
What does same-sex marriage tell us about election law?
The New York Times asked me to comment on Apple’s encryption policy on its Room for Debate page, where op-eds are half the normal size. Here’s the link and here’s what I said: Apple is a lot like a teenager getting Edward Snowden’s name tattooed up her arm. The excitement will die, but the regrets will last. […]
A federal district court in Oklahoma endorses Halbig v. Burwell and concludes the PPACA only authorizes tax credits for the purchase of insurance in exchanges "established by the State."
Link to my Stanford University Press blog post on the Hobby Lobby decision and its implications for religious freedom and the rights of people organized as corporations.
In an overlooked unpublished decision from August, a panel of the Third Circuit rejected the argument that the Jones concurrences limit the holding of Smith v. Maryland. It's just an unpublished opinion, but it's the first federal appellate decision on this important issue of surveillance law that is likely to come up in the D.C. Circuit's pending case on NSA surveillance.