Tag: Bill of Rights
George Floyd and the Future of Police Misconduct

The death of George Floyd at the hands of a police officer with a history of excessive force complaints has spurred protests, demonstrations, and riots across the nation. Peaceful protests are more than justified. However, the lawless riots are not; they are enacting the very injustices they claim to contest and on a colossal…
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Easter Brings Pushback on Coronavirus Restrictions

As I mentioned in recent commentary for The American Spectator, the states (not the federal government) are charged under our system of government with dealing with the coronavirus. They possess the “police power” and may make laws for the health, welfare, and safety of the people. Chief Justice John Marshall recognized this exclusivity in…
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“First Amendment Is First for a Reason.” The Wisdom of Dave Chappelle

On college campuses, the new film No Safe Spaces explains, the First Amendment, intellectual freedom, and the very idea of free speech are under attack with threats, bans, and even violence. That threat has come to the attention of comedian Dave Chapelle, latest winner of the Mark Twain Prize for American Humor. Chappelle, 46,…
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Constitution Day

Today, by statutory law, is Constitution Day. It is more a wake for the dead than a celebration for one that is living. Actually, the Constitution is dead because so many have insisted on it being a living and breathing document. A Constitution should be a lighthouse, a beacon for the people to gaze…
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Religious Liberty Wins at SCOTUS…Sort Of

This was the right result in this case, but the Court has done little to provide meaningful guidance as free exercise and free speech clash with public accommodation statutes making sexual orientation a protected classification.

Michael John Novak, Jr. (1933 – 2017)

Our very dear friend and Founding Member of the Board of Advisors of the Independent Institute, Michael Novak, passed away at the age of 83, on February 17th. A man of immense generosity, integrity, joyfulness, and good will, Michael was one of the most important scholars, theologians, prolific authors, and public intellectuals of the…
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Bill of Rights Day: Opportunities Missed

Thursday, December 15, is Bill of Rights Day, a time when citizens are told to celebrate the first ten amendments to the Constitution. Scholars such as Yale’s Akhil Amar describe the Bill of Rights as “the high temple of our constitutional order—America’s Parthenon.” Most of the public buys into this and believes that the…
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Education Savings Accounts Challenge Common Core’s One-Size-Fits-All Schooling

With a growing Common Core opt-out backlash by parents and students against one-size-fits all government schooling, it’s no surprise that the latest innovation in educational choice is allowing more parents to personalize their children’s learning through educational savings accounts, or ESAs. As I explained in a recent Washington Times opinion piece: The concept behind…
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Self Censorship

One by-product of the Paris terrorist attack on Charlie Hebdo was an outpouring of support for freedom of speech. While there was general agreement that the magazine’s content has been, beyond a doubt, offensive to some (and not only Muslims), almost everyone agreed that freedom of speech is a fundamental right that should be…
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The Free Speech Movement Celebrates Its 50th Anniversary, but the Eternal Battle Between Liberty and Power Goes On

“Free speech is an eternally radical idea, so it is always under threat at all times in human history.” —Greg Lukianoff October 1 marks the 50th anniversary of the Free Speech Movement, the iconic student rebellion that rocked the campus of the University of California, Berkeley, during the tumultuous 1960s. As summarized by Berkeley’s…
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