Monthly Archives: August 2017

  • Opinion

Mandated disclosures are inappropriate, and possibly unconstitutional, if they are useless to consumers or cause over-reactions.

  • Opinion

An interesting decision today from the California Supreme Court, applying the California Public Records Act.

  • Opinion

It's not just a pistol that's especially pistoly.

  • Opinion

An interesting Alaska statute (in effect from 1949 to 2001), and a related Soviet practice.

  • Opinion

Farrell and Teles argue that scholarship should not be sullied by politics and animus, but don't completely practice what they preach.

  • Opinion

Federal agencies should use conduct regulations and government speech to incentivize research rather than relying heavily on advertising restrictions.

  • Opinion

If accepted, it would deter speech on a vast range of subjects -- of course race, sex and sexual orientation, but also religion and political beliefs.

  • Opinion

When the promotion of junk science causes foreseeable physical harm, free speech protection should be outweighed by the public interest in deterrence.

  • 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."

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