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Author: Anastasia Boden

April 08, 2019

The Hill: The ‘competitor’s veto’ is killing entrepreneurship — but that may end this year

This article was originally published by The Hill on April 8, 2019.  It's true that businesses never welcome competition, but imagine if they had the statutory authority to shut out new enterprises. That twisted scenario is reality in over half of states, where entrepreneurs in the medical and transportation industries essentially must ask their c ...

February 20, 2019

Courts can’t look the other way when the government censors speech

When government officials seek to stifle a viewpoint they don't like, they probably won't be forthcoming about it. Instead, they'll concoct a pretextual reason for their censorship or use a "neutral" proxy that, in practice, discriminates against their non-preferred viewpoints. For the First Amendment to have teeth then, courts must be empowered t ...

January 28, 2019

To address government dysfunction, Congress must reclaim its oversight responsibilities

Originally published by The Hill, January 28, 2019. On Friday afternoon, President Trump and Congress moved to reopen the government for three weeks following a shutdown of historic length. The president encouraged a committee of senators and House representatives to negotiate his request for $5.7 billion in border wall funding in the Homeland Secu ...

December 21, 2018

There’s no evidence that truthful happy hour advertising sends Virginians into a binge fest

We've finally made it to the merits in our happy hour advertising lawsuit against Virginia's absurd censorship regime. It's been a struggle. As I detailed in the Washington Post, the Virginia Alcoholic Beverage Control Authority (ABC) and the state Attorney General's office have barraged our plaintiffs with onerous and time-consuming discovery requ ...

November 30, 2018

It’s last call for Virginia’s unconstitutional happy-hour advertising laws

Originally published in The Washington Post, November 30, 2018. It's been almost a year since Geoff Tracy and his restaurant, Chef Geoff's, filed a First Amendment lawsuit asking a federal court to strike down Virginia's happy-hour advertising laws. In the Old Dominion, it's legal for businesses to offer happy hour. It's just illegal for them ...

November 30, 2018

It’s last call for Virginia’s unconstitutional happy-hour advertising laws

Originally published by The Washington Post, November 30, 2018 It's been almost a year since Geoff Tracy and his restaurant, Chef Geoff's, filed a First Amendment lawsuit asking a federal court to strike down Virginia's happy-hour advertising laws. In the Old Dominion, it's legal for businesses to offer happy hour. It's just illegal for them ...

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