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The First Amendment: A Right Against Bared Arms

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 […]

Jurisdiction, “Indian Country,” & A Critique of Murphy v. Royal, –F.3d–, (10th Cir. Aug. 8, 2017)

On August 8, 2017, the State of Oklahoma suffered a major jurisdictional defeat.  In Murphy v. Royal, —F.3d—, 2017 WL 3389877 (10th Cir. Aug. 8, 2017), it was held that a large swath of Oklahoma, including the Tulsa metropolitan area, falls within a reservation of the Creek Nation; that the Creek Reservation has never been disestablished […]

Joe Arpaio, Thug Life

“Know, then, that now, precisely now, these people are more certain than ever before that they are completely free, and at the same time they themselves have brought us their freedom and obediently laid it at our feet…they have finally overcome freedom, and have done so in order to make people happy.” – The Brothers […]

The Proposed “Ad Tax” Would be Unconstitutional Under Central Hudson

[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 […]

House Member Chaffetz Wants You To Buy Him A House

Retiring Congressman Jason Chaffetz announced, on his way out the door, that he believes Congress should provide themselves a $2,500 housing allowance, in order to better cope with the obnoxious cost of DC accommodations. Since congressmen maintain a residence in the District in addition to their household commitments back home, the logic goes, the excessive […]

Crying Havoc

Continuing the long tradition of hackneyed attempts to “make Shakespeare relevant,” Shakespeare in the Park this summer chose to stage its production of Julius Caesar with an eye towards current events. The conqueror of Gaul was therefore rendered with ginger hair and a red tie worn long enough to conceal ones manhood. Considering the probable […]

The Ratings Are Through the Roof!

Marco Polo describes a bridge, stone by stone. “But which is the stone that supports the bridge?” Kublai Khan asks. “The bridge is not supported by one stone or another,” Marco answers, “but by the line of the arch that they form.” Kublai Khan remains silent, reflecting. Then he adds: “Why do you speak to […]

Imagine A Boot Stamping On A Human Face, Occasionally

George Orwell once pointed out that fascism, in contemporary usage, no longer held any meaning beyond “thing I do not like.” He published that essay in 1944. Matters have not improved much since. To clarify for the record: Fascism was a European movement of the 1920s and 1930s, particularly in Italy, in part in Spain. […]

The Privilege or Immunities Clause, Originalism, and Gender Equality

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States . . . . U.S. Const., amend. XIV In 1873, in The Slaughter-House Cases and Bradwell v. Illinois, the Supreme Court took a sledgehammer to the idea that the Privileges or Immunities Clause of […]

“I Was So Much Older Then, I’m Younger Than That Now”

“Law is but the means, justice is the end.”[i] This is Georgetown Law’s motto. Consider also, however, this statement from Justice Oliver Wendell Holmes: “I hate justice . . . I know if a man begins to talk about that, for one reason or another he is shirking thinking in legal terms.”[ii] I’d like to […]