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Year: 2020

March 26, 2020

How is COVID-19 affecting current Supreme Court cases?

This week, Pacific Legal Foundation Senior Attorney, Mark Miller, joined Host Tim Farley on The Morning Briefing on the P.O.T.U.S. channel on Sirius XM radio. During the show Mark discussed how the COVID-19 pandemic could affect the cases currently before the Court and the constitutional issues that the Court is deliberating. Listen to the intervie ...

March 16, 2020

The Hill: It’s up to the Supreme Court to teach Seattle ‘Free Speech 101’

Imagine a law that required Republicans to contribute to Bernie Sanders's or Joe Biden's presidential campaign. Or that the Hollywood left must donate to President Trump's reelection. Would you support such a law? Of course not ― most of us would find such a law to be not only unconstitutional but an affront to one's ...

March 11, 2020

Despite ”PC Culture” growing, America’s freedom of speech is strong

From politics, to sports, to entertainment, "politically correct" speech is becoming more and more of a buzzword. A recent NPR/PBS poll showed that people feel they can speak their mind less than in years past. Depending on your perspective—and sometimes your politics—this is either a good or a dangerous thing. But regardless of how one ...

March 09, 2020

Jurist: States should not adopt a speech code for lawyers

Attorneys litigate on both sides of some of the most contentious issues in the country: affirmative action, rent control, abortion rights, gun rights, you name it. Sometimes the positions attorneys take may be seen as offensive, as those positions may run contrary to more "popular" opinions. But in our adversarial system of justice, free speech ...

March 07, 2020

The Connecticut Post: State must end race-based school quotas

Connecticut parents and education reformers recently marked a major victory after the state, facing a legal challenge by Hartford black and Hispanic parents, announced it would at last end its longstanding policy of race-based quotas that penalize marginalized children of color in Hartford's interdistrict magnet school system. For those of us who h ...

March 04, 2020

“The Last Black Man in San Francisco” beautifully depicts the realities of the housing crisis

A version of this article will appear in The Culture Issue, the Spring 2020 edition of PLF’s magazine Sword&Scales ~~~ In classic westerns, the heroes and villains are straightforward. Bad guys wear black hats and descend on a small town protected by the white-hatted local lawman. We head toward a violent climax and when the ...

February 27, 2020

The Supreme Court will soon decide whether the Consumer Financial Protection Bureau is unconstitutional

Next week, the Supreme Court will hear arguments in Seila Law v. CFPB. At its core, the case deals with the structure of an administrative government agency. But the Court's decision in Seila Law either will prevent unaccountable government agencies from controlling major aspects of our economy, or will open the door for more bureaucratic ...

February 25, 2020

This regulation could put every small vape manufacturer in the U.S. out of business by May 12

In 2009, President Obama signed into law the Tobacco Control Act, which put new regulations on all tobacco products sold in the U.S. Then, through bureaucratic sleight of hand, the Food and Drug Administration declared that all vaping products—even though they contain zero tobacco—would be regulated as if they were tobacco products. This regula ...

February 24, 2020

The Hill: It’s time for the Supreme Court to treat all speech equally

In a free society, speech at times can be annoying, obnoxious, unsettling or offensive. Panhandlers and political protesters can approach you on the street. Controversial ideas can be expressed on tee shirts, bumper stickers or license plates. And governments cannot block speech merely because it is irritating or bothersome — unless you are talki ...

February 20, 2020

How progressives and conservatives have changed the debate over freedom of speech

Throughout American history, people's views on what should or should not count as protected speech under the First Amendment has waxed and waned along with cultural trends and changing political ideologies. But rarely do we see the viewpoint on certain fundamental rights shift so dramatically. Progressives used to champion the freedom of speech, ev ...

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