Tag: First Amendment
July 4th or July 14th? Today’s Upheaval Isn’t George Washington’s Revolution

America is experiencing a revolution. But it is a far different revolution than the one we celebrate every Fourth of July. In fact, it has much more in common with the French Revolution of 1789 than the Spirit of 1776. The American Revolution is often called a lawyers’ revolution. This is based on the...
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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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The Adachi Papers: SF Police Raid Attacks Free Press and Reveals Hypocrisy

With police and public officials alike, California taxpayers should watch what they do, not what they say.

Masterpiece Cakeshop and the Hidden Tolerance for Gay Rights

The law has limits to changing hearts and minds.

Victory for Public Workers at SCOTUS

This decision limits the power of organized labor and gives greater freedom to individual workers.

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.

Review: The Post Puts Freedom of the Press in Spotlight

The Washington Post is now a stalwart of the national press corps, but, as the movie The Post makes clear, its status was not assured. Neither was the future of the Freedom of the Press in the wake of Daniel Ellsberg’s leaking of The Pentagon Papers in 1971 in what may be the most...
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SCOTUS and Trinity Lutheran: Should We Celebrate?

The Supreme Court ruled this week that the state of Missouri cannot exclude non-profit, religious organizations from programs for which secular non-profits are eligible. The Washington Post has a news story on the opinion here. According to the Court “But the exclusion of Trinity Lutheran from a public benefit for which it is otherwise...
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Trinity Lutheran and a Response to Michael Stokes Paulsen and NRO

On May 3, The Wall Street Journal posted a short op-ed I wrote on the Trinity Lutheran case. (Sorry, but the op-ed is behind a pay wall; however, here is a blog post that gives some background to the case and my first impressions.) Professor Michael Stokes Paulsen, alleging I was “wrong on every...
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