Monthly Archives: August 2017

  • Opinion

A bad response to bad speech, it seems to me -- especially because of what I call "censorship envy."

  • Opinion

Why originalism might be better at constraining the "puzzled judge" than the "willful judge."

  • Opinion

Commercial speech doctrine has steered lawmakers to regulate advertising based on "falsity" rather than risk, to the detriment of public health and scientific literacy.

  • Opinion

No good deed goes unpunished.

  • Opinion

I'd like to file an interesting (and simple) First Amendment amicus brief before the New York Court of Appeals in Brummer v. Wey. But the brief is due Thursday, I'm afraid, which I realize is short notice.

  • Opinion

A new book explores many aspects of libertarianism, its foundations, and the way it handles a variety of political issues. Includes contributions by leading libertarian scholars and prominent critics of libertarianism.

  • Opinion

"Cleopatra [Films] is prohibited from making its movie about Lynyrd Skynyrd when its partner [Artimus Pyle] substantively contributes to the project in a way that, in the past, he willingly bargained away the very right to do just that; in any other circumstance, Cleopatra would be as 'free as a bird' to make and distribute its work."

  • Opinion

The Amy Wax and Larry Alexander op-ed, the response to the op-ed and the superiority of some cultural traits over others.

  • Opinion

An interesting English decision from two years ago.

  • Opinion

Regulators often use commercial speech to determine whether a product regulation applies to a particular company, but this practice is starting to trigger First Amendment scrutiny (and rightly so).

Load More