Judge Tosses Out South Dakota Ballot Initiative Legalizing Recreational Marijuana
Voters approved it, but the governor resisted. A court came down on her side.
Politics
The Not-So-Peaceful Transfer of Power
Our long record of peaceful transfers of power now has an asterisk on it.
A $2.7 Billion Defamation Lawsuit Says Fox Hosts Recklessly Implicated Smartmatic in a Conspiracy To Steal the Election
Lou Dobbs, Maria Bartiromo, and Jeanine Pirro persistently promoted the wild claims of Rudy Giuliani and Sidney Powell.
Americans Shouldn't Be Treated Like ISIS Insurgents
Adopting "counterinsurgency" tactics for use against wide swaths of Americans can only make the situation worse.
'School Shootings Are Absolutely Real,' and '9/11 Absolutely Happened,' Says Marjorie Taylor Greene
Under fire for endorsing wacky conspiracy theories, the Georgia representative blames the internet.
Florida Gov. Ron DeSantis Wants $100,000 Fines for Social Media Companies That Deplatform Politicians
It’s a terrible idea that violates Section 230, but is it actually unconstitutional? Don’t be so sure.
Marjorie Taylor Greene Presents Republicans With a Sadly Familiar Choice Between Blind Loyalty to Trump and a Basic Respect for Reality
The Georgia representative has embraced nearly every crazy conspiracy theory that is popular on the right.
Trump's Lawyers Say He Can't Be Impeached for Trying to Subvert the Election Because He Was Just Expressing an Opinion
They also argue that the Senate has no authority to try a former president.
Biden's Orders Continue the Presidency's Slide Toward Elective Monarchy
If the refusal of lawmakers to enact a president's policies is justification for unilateral executive action, then a slide toward elective monarchy is inevitable.
Treating Lin Wood's Wild Conspiracy Theories As a Psychiatric Symptom Invites Him to Play Free Speech Martyr
The State Bar of Georgia is demanding that the pro-Trump lawyer undergo a mental health evaluation.
San Francisco Residents Balk at Decision To Scrub Lincoln, Washington, Feinstein from School Names
Plus: Smoking rates stop falling, ACLU defends man banned from library over Trump poem, and more...
The Constitutional Argument Against Trump's Senate Trial Is Convenient. Is It Also Wrong?
While many prominent constitutional scholars think trying a former president is perfectly legal, the dissenters make some points that are worth considering.
Surely Rudy Giuliani's 'Conclusive Proof' of Machine-Based Election Fraud Will Save Him From Dominion's $1.3 Billion Defamation Lawsuit
The company says Donald Trump's leading lawyer perpetrated "a viral disinformation campaign" based on "demonstrably false" charges.
Dominion Files $1.3 Billion Defamation Suit Against Rudy Giuliani
The crackdown on crackpot Kraken claims continues.
Will New York Lead the Way in Screwing Up School Reopening?
Remote learning continues to be the norm for more than three out of four New York City public school students.
New Hampshire's Supreme Court Lawsuit Seeking to Prevent Massachusetts from Taxing NH Residents Working Remotely for Massachusetts Firms
The case was filed directly in the Supreme Court under its "original jurisdiction" over cases filed by one state against another. It could have important implications for the future of federalism.
My New Article on "Freedom Through Foot Voting"
The article adapts and expands some of the ideas developed in my recent book "Free to Move," and is now available for free download on SSRN.
Glenn Greenwald: 'Journalists Are Authoritarians'
What went wrong at the outlet he co-founded, what's wrong with the ACLU, and what might go wrong in the Biden administration
Should Ted Cruz and Josh Hawley Be Expelled From the Senate for 'Insurrection'?
That punishment for reinforcing the delusions that drove the Capitol riot is highly unlikely, and it would set a troubling precedent.
Biden Just Used a 'Far Right' SCOTUS Ruling To Oust a Trump Appointee
The new president availed himself of Seila Law v. Consumer Financial Protection Bureau.
It's Not Just Trump. California Labor Unions Are Trying To Reverse the Outcome of an Election Too.
California Democrats and their labor union allies are embracing anti-democratic principles to thwart the will of the people.
Neutron Gun Reloaded
Gerry Reith's raw, paranoid, apocalyptic fables were shot through with distrust for just about every institution around.
Here's How Donald Trump's 'Patriot Party' Could Become a Political Force
The president could form a sizable splinter party if he's serious, but GOP defectors would have major ballot-access issues. Might they take over a smaller party instead?
'No Book Deals for Traitors'
Publishing in the post-Trump era is going to involve a lot of score-settling.
Saying Trump 'Provoked' the Capitol Riot With 'Lies,' Mitch McConnell Tries To Distance His Party From a Dangerous Demagogue
The Senate minority leader sees a grave political risk in failing to repudiate the former president.
My USA Today Op Ed on Josh Hawley, Freedom of Speech, and Threats to Liberty From Left and Right
Both Hawley's "national conservatism" and similar ideas prevalent in many quarters on the left threaten free speech and liberty more generally.
To Avoid More Political Violence, Allow Americans To Escape Each Other's Control
Let people join with the like-minded to reject officials and laws that don’t suit them and to construct systems that do.
Goodbye, Trump. Hello, War on Domestic Terror.
Plus: Biden pushes 8-year path to citizenship, Parler is back, Josh Hawley's book finds new publisher, and more...
Dominion Seeks to Beach the Kraken, Prompts Pillow Fight (UPDATED)
Threats of defamation suits have prompted corrective statements on Fox and Newsmax, but My Pillow CEO wants to fight.
The 2020 Election Was a Rebuke of Socialism
The s-word doesn't actually play too well with most voters.
An Abject Apology Highlights the Legal Exposure for Promoters of Trump's Election Fraud Fantasies
American Thinker says its claims about Dominion Voting Systems were "completely false."
How the National Constitution Center "Constitution Drafting" Project Revealed Potential Areas of Consensus on Constitutional Reform
My recently published article on the NCC project outlines several important areas of agreement between conservative, libertarian, and progressive participants.
Meddling in the Ballot Box
As long as there have been American elections, foreign powers have sought to influence them.
Is the Great Deplatforming of 2021 an Assault on Free Speech?
No, says Techdirt's Mike Masnick, but it is cause for expanding Section 230 and building a more decentralized internet.
District Attorney Candidates Win Big Against 'Tough on Crime'
During the last few election cycles, a wave of well-funded progressive candidates have run for prosecutor's offices in major cities. This time, quite a few reform-minded D.A.s won.
Trump's Belated Message of Peace and Unity Makes You Wonder Where This President Has Been the Last Four Years
Something like Wednesday evening's soothing remarks could have made a real difference on the day of the Capitol riot.
Trump Has Been Impeached—Again
Several House Republicans joined their colleagues across the aisle in the ultimate condemnation of Trump's role on Jan. 6.
5 Profiles in Courage and Cowardice in a Trump-Dominated GOP
Here is how Mitch McConnell, Mike Pence, Liz Cheney, Ted Cruz, and Josh Hawley responded to the president's election delusions.
Yes, the Senate May Hold Trump's Impeachment Trial After He Leaves Office
History and precedent both support impeachment trials for former federal officials.
Arizona's GOP Has Become a Trump Cult
The organization has devolved from skepticism toward government to veneration of politicians.
Prosecuting Trump for Incitement Would Set a Dangerous Precedent
Unlike the cancellation of Josh Hawley’s book, such criminal charges pose a real threat to freedom of speech.
How To Respond to the Great Deplatforming of 2021
We need an open digital commons, where individuals maintain ownership of their own identities and where speech is highly resistant to political pressure.
Did Trump Engage in 'Insurrection or Rebellion' Against the Constitution?
The impeachment article against the president cites a little-discussed section of the 14th Amendment.
Sidney Powell's Loony Election Claims, Which Gave Birth to the Deadly Capitol Invasion, May Finally Cost Her
Dominion Voting Systems, the focus of the former Trump campaign lawyer's conspiracy theory, is seeking $1.3 billion from her for defamation.
Sedition Charges Are Almost Always a Terrible Idea
Laws against sedition have historically been used by insecure officials to punish critics.
California Voters Liberate Ride-Share Drivers From A.B. 5
The lawmakers who passed A.B. 5 ignored the many benefits of contractor status.
