SCOTUS Will Decide When the Government's Social Media Meddling Violates the First Amendment
The justices agreed to consider whether the Biden administration's efforts to suppress online "misinformation" were unconstitutional.
Democracy
The Demand for Political Misinformation is a Bigger Problem than the Supply—Even in the Age of AI
Economist Tyler Cowen elaborates on some of the reasons why. The root of the problem is that voters have poor incentives to become well-informed and evaluate information objectively.
Media Critics Agree: Stop Interviewing the Bad People!
Journalism's in-house critics take a bold stance against attempting journalism, because of Trump.
Mandating Civics in Schools Won't Fix American Democracy
Who cares if Americans can't answer basic civics questions?
My New Lawfare Article on Trump and the Use of Section 3 Disqualification as a Tool to Protect Democracy Against Itself
Section 3 disqualification is justifiable as a democracy-limiting tool to protect democracy. But there are slippery-slope issues that deserve serious consideration.
Ohio's Issue 1 Doesn't Mention Abortion. But That's Why People Are Voting Today.
Plus: What media gets wrong about "book bans," Yellow Corporation to default on $700 million pandemic aid loan, and more...
Why the U.S. Hasn't Declared a Coup in Niger
The U.S. is prioritizing foreign militaries over democracies.
Why Israelis Are Taking to the Streets
The furious response to a seemingly modest reform reflects a broader dispute about the role of courts in a democracy.
A 2007 Debate Provoked by Richard Posner Illuminates the Current Clash Over Judicial Power in Israel
The appeals court judge argued that the Israeli Supreme Court had usurped the role of legislators.
Steve Calabresi on Moore v. Harper
Leading originalist constitutional law scholar comments on the Supreme Court's recent rejection of independent state legislature theory.
Modi's Rotten Human Rights Record Didn't Keep Biden From Hosting Him
"During the visit, Biden could have refrained from deep public embraces of Modi or from emphasizing India's democracy. He chose to do neither," says Michael Kugelman.
Political Ignorance and Misinformation on the Left
Liberal political commentator Matt Yglesias explains why these problems are far from being confined to the right side of the political spectrum.
A Flawed Attack on "Libertarian Elitism" About Voter Ignorance
The authors raise some reasonable issues. But they misunderstand both the libertarians they critique and the problem of political ignorance itself.
How Does the British Monarchy Survive?
Britain’s parliamentary democracy still transcends its monarchy.
Tucker Carlson is More a Symptom of Our Problems than a Cause
I have more reason than most to cheer his departure from Fox News. But it's unlikely to significantly diminish the problem of political misinformation, which is driven by demand more than supply.
Debate: Democracy Is the Worst Form of Government Except for All the Others
What is the relationship between liberty and democracy?
Is Proportional Representation On the Way?
If Congress wants to stave off such far-reaching demands, it should start behaving in ways that inspire more public confidence.
The Israeli Fight Over Judicial Review Highlights the Dangers of Unconstrained Democracy
Opponents of the proposed reforms are right that unlimited majority rule is a recipe for tyranny.
Jason Brennan's "Democracy: A Guided Tour"
The noted Georgetown political philosopher offers a valuable overview of the political theory of the strengths and weaknesses of democracy.
In the Israeli Battle Over Judicial Review, Democracy Is the Problem, Not the Solution
Opponents of the reforms favored by Prime Minister Benjamin Netanyahu's coalition should acknowledge the threat posed by unconstrained majority rule.
Biden's New Budget Would Hike Taxes and Wage Class Warfare
The higher taxes on small businesses and entrepreneurs could slow growth. Less opportunity means more tribalism and division.
A Consistent Approach to Protecting Judicial Review in Both the US and Israel
Why I oppose both right-wing efforts to neuter judicial review in Israel and left-wing attempts to do the same in the US.
New Israeli Government's Judicial Reforms are not Anti-Democratic—But they May Create a Tyranny of the Majority
By destroying judicial review, they would empower the narrow right-wing majority to violate the rights of minorities.
Russian Propaganda Has Succeeded in Persuading Credulous Americans That It Poses a Grave Threat to Democracy
Alarmists are unfazed by the lack of evidence that "foreign influence campaigns" have affected public opinion or voting behavior.
COVID Made Us Sick, But Government Responses Crippled Our Liberty
Report author: “The COVID-19 pandemic was a catastrophe for human freedom.”
Fixing Congress' Broken Appropriations Process Is Worth This Mess
This week's Republican revolt against Kevin McCarthy is actually a rank-and-file revolt against the top-down process that both parties have used to control the House in recent years.
California Continues Chasing People Away
California's economy is growing despite Gov. Gavin Newsom's policies, not because of them.
The World Is Still Getting Less Free. A Distressing Number of People Think That's Fine.
Report: “Half of democratic governments around the world are in decline.”
Some Arizona Republicans Are Refusing To Certify an Election. Is Congress Paying Attention?
What's happening right now in Cochise County, Arizona, should make the passage of the Electoral Count Reform Act even more urgent.
In Alaska, Ranked Choice Voting Worked
Partisan outrage over Sarah Palin's defeat shouldn't obscure the obvious benefits of better voting systems.
Wallowing Around in a Gerontocracy
Plus: The editors consider what type of fresh attacks the marijuana legalization movement is likely to encounter.
Colorado Voters Rejected Booze To-Go and Expanded Alcohol Delivery
Alcohol-related ballot measures were in play in several states last week. The results were lukewarm.
Nancy Pelosi Embodied America's Gerontocracy Problem
She was the beneficiary of a political system that limits opportunities for new ideas and new faces to rise.
Republicans Need an Actual Plan To Grow the Economy
The biggest beneficiaries of economic growth are poor people. But the deepest case for economic growth is a moral one.
The Red Wave That Wasn't
Plus: The editors field a question on U.S. ballot counting and talk more on Elon Musk’s Twitter takeover.
Yale Journal on Regulation Symposium on Peter Shane's "Democracy's Chief Executive"
Participants include Daniel Farber, Keith Whittington, Cristina Rodriguez, Lisa Heinzerling, and myself, among others.
Nevada Voters Could Smash the Two-Party Duopoly
Abolishing party-specific primary elections makes a lot of sense, and might help steer American democracy back towards the center.
'This Is What Democracy Looks Like. And It Kinda Sucks.'
Plus: Peter Suderman may or may not attempt a rendition of a famous rap from the movie Bulworth.
Law, Justice, and Russia's Attempted Annexation of Four Ukrainian Regions
Vladimir Putin's annexation plan is indefensible on both legal and moral grounds. Some of the reasons why have broader implications for normative theories of secession and self-determination.
Why (Most) Citizens Are Not "Responsible for the Actions of their State"
A comment by Estonian Prime Minister Kaja Kallas highlights a longstanding pernicious fallacy.
House Passes Electoral Count Act Reform Bill
The bill is similar to that drafted by a bipartisan group of senators. Either version, or a reconciliation between the two, would be a major step forward relative to the status quo.
Maybe a Ceremonial Monarchy Can Show the Way to a Less Powerful State
The real danger to citizens is the use of coercive government power, no matter how it’s named.
Why Are Democrats Dragging Their Feet on the Electoral Count Reform Act?
Biden says Republicans are plotting a repeat of 2020 in 2024. Maybe Congress should do something to prevent that?
Biden and Trump Stoke Division While Complaining About It
The current and former presidents offer dueling but equally apocalyptic takes on this fall’s elections.
Biden's Disturbing Speech Outside Independence Hall
Plus: The editors answer a question from a U.S. House candidate.
Three Points of Agreement on Democracy Protection
Sixth post in the symposium on the National Constitution Center "Restoring the Guardrails of Democracy" project. Edward Foley of Team Progressive highlights some points of agreement between the three reports.
Trump Disregards Democracy, While Biden Ignores Its Dangers
The president's attack on the "extreme ideology" of "MAGA Republicans" elides the tension between majority rule and individual freedom.
