Very likely no, if the clerk is domiciled in D.C. or Maryland (and pretty likely no if in Virginia), if the stated factual background is accurate.
Plus: The push to abolish the Senate, Feds hike interest rates by 0.5 percent, and more...
It wasn't just autocrats who were frequently tempted to address "fake news" about the pandemic through state pressure and coercion.
Various experts, including co-blogger Josh Blackman and myself, discuss whether the draft opinion would threaten other constitutional rights, if adopted by the Court.
The answer to this important question is highly uncertain. I tentatively predict a significant, but still modest, increase in abortion-driven migration.
Does returning decisions about abortion to the states increase liberty or shrink it?
Although recent polls show a majority thinks the abortion precedent should be preserved, some respondents seem confused about what that would mean.
Fewer Americans would be forced to live under a legal regime, imposed from on high, that is contrary to their convictions on a matter of life and death.
A district court just allowed a First Amendment challenge to this policy to go forward.
Plus: How abortion used to be less partisan, NFT sales have plummeted, and more...
The alarm aroused by the Disinformation Governance Board is understandable given the administration’s broader assault on messages it considers dangerous.
Abortion is likely to remain legal in most states, and workarounds will mitigate the effects of bans.
Anthony Novak's arrest and subsequent lawsuit set up a debate around overcriminalization and free speech.
Under current Supreme Court precedent, the answer is probably "yes." But that precedent might not hold, thanks in part to Clarence Thomas.
If the leaker's identity is ever revealed, he or she will face serious professional and reputational sanctions. There's no need to wish for criminal punishments too.
Gorsuch just penned an important pro-LGBT decision two years ago. Americans are largely not interested in relitigating this issue.
This “unprecedented crisis for democracy” is neither unprecedented nor a crisis for democracy.
The Constitution protects many more rights than it mentions.
But the leaked opinion is not “the final position of any member on the issues in the case.”
Plus: Boston rebuked for rejecting Christian flag, Google will remove more personal information, and more...
A “30-by-50-foot flag saying, ‘TRUMP 2020 Keep America Great’” was therefore wrongly forbidden by the City of Buffalo (Minnesota).
"Government restrictions came in, which literally shut us down," says Paul Smith, who co-owns Red Stag Tattoo in Austin, Texas.
So the Supreme Court held this morning, though it made clear that a city could pick and choose which flags it flies, if it makes clear that the flags are its own speech.
The justices unanimously agree that the city was not endorsing the flags, and that therefore it couldn’t exclude religious organizations.
Alejandro Mayorkas fails to inspire much confidence in the new group run by Nina Jankowicz.
Plus: A questionable algorithm can sic state social workers on families, governments aren't the only entities that can expand contraceptive access, and more...
Court redacts the name from the court-hosted official record, but refuses to order private sites to remove it.
The co-founder of "the free encyclopedia that anyone can edit" talks about the power of decentralization and the rise in subscription models for journalism.
The board's head says she is dedicated to "protecting free speech," but she has also expressed direct opposition to "free speech absolutists."
Plus: Homeland Security's new Disinformation Governance Board, the FDA's menthol ban, and more...
While Americans debate what should be allowed on social media, the EU wants government to decide.
The Pharmacy Access Act is good policy stuck in legislative limbo.
The online encyclopedia's decentralized, Hayekian approach provides a model for Elon Musk as he assumes control of Twitter.
A public school banned a "homosexuality is a sin" T-shirt on the grounds that it mentions "sex."
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