Category Constitutional Law
The past weekend’s white nationalist rally in Charlottesville meant déjà vu all over again regarding the status of “hate speech” under the First Amendment. As a positivist matter this debate is a nonsense: uncountable cases made it quite clear over the past hundred years that bigots are entitled to speak their mind. “Hate speech” is […]
[This post originally appeared here on The Hill’s Opinion Blog on August 4, 2017.] Fox News and CNN have something in common: they both rely on advertising to promote their journalistic messages and to help generate revenue needed to carry out their missions. Historically, the expenses associated with such advertising have not been subject to […]
Intergovernmental evidence-sharing ignores that the Warrant Clause does not empower the government to seize property merely to search for evidence and is therefore tantamount to a fishing expedition that converts the particularized warrants demanded by the Fourth Amendment into the very “general warrants” the provision was understood to prevent.
Absent class members play a protean role in the lifecycle of a lawsuit. Parties for some purposes, but not others,  their status continues to vex courts in a variety of situations. That incoherence largely stems from Phillips Petroleum Co. v. Shutts, 472 U.S. 797 (1985). There, state and federal courts were permitted to exercise […]
The Weekly Bipartisan shares instances of meaningful bipartisanship, on the Hill and elsewhere. This project seeks to shine a light on efforts to come together to find common ground and advance shared values in a political climate defined by polarization, an increasingly jaded citizenry, and vilification instead of constructive dialogue and debate.
That we live in an age of political hyperbole has been demonstrated too many times so as to be self-evident at this point. And this week is just another case-in-point. Yesterday, President Trump announced his decision to withdraw the United States from the non-binding, unenforceable (and probably illegal) Paris Climate Agreement. Based upon reactions from […]
On Monday, the Texas legislature passed HB 3859, a bill affording private child welfare service providers with religious liberty protections. Like with many religious freedom issues today, supporters and opponents once again fight over the extent to which state government may offer protections for the free exercise of religion (or, as it is commonly called–”play in the […]