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Free Speech and Association

August 02, 2021

The Hill: Pulling back the curtain on DC’s rulemakers?

For all matters of government policy, there's usually someone to praise or blame. When it comes to agency rulemaking, however, it is not often so clear who's responsible. A new bipartisan bill in front of Congress could fix that. With federal regulation, all executive action should, in theory, be consistent with law and reflect the ...

July 16, 2021

Daily Journal: The High Court upholds nonprofit donors’ constitutional right to privacy

To anyone considering donating to a nonprofit organization (and I know a few good ones!), I have some great news: The U.S. Supreme Court has upheld your constitutional right to privacy of association. On July 1, in a 6-3 opinion in Americans for Prosperity Foundation v. Bonta, 2021 DJDAR 6702, the Supreme Court struck down ...

July 14, 2021

Free speech is a valuable protector of economic liberty

When Oklahoma enacted a new law in 2016 limiting which artists could market their art as American Indian-made, the effect was to make it much harder for some artists to earn a living selling their art in the state. When California enacted the now-infamous AB 5 law in 2019 redefining which professionals could work as ...

July 06, 2021

The Hill: Supreme Court: Schools must teach the value of free speech

According to recent surveys, free speech is losing favor among college students. While supporting free expression in general terms, students prefer to carve out exceptions to censor speech that offends or is controversial or leaves some listeners feeling pained or troubled. Where did these young adults develop such discomfort with free speech, a tr ...

June 29, 2021

Free speech—past, present, and future

For over a century, the American Civil Liberties Union (ACLU) has been one of the staunchest defenders of the First Amendment and has routinely come to the aid of those whose rights have been trampled on by the government. But over the past few years, the organization has shied away from its unbridled support of ...

June 03, 2021

Free speech protects ideas, including the right to truthfully advertise

Free speech is all around us, even in ways that might not be immediately obvious. We talk a lot about the First Amendment's free speech protections during campaign season, when individuals want to express a deeply held idea, when they want to refrain from speaking, and when an idea is deemed "unacceptable" by certain groups. ...