Articles

Author:  Damien M. Schiff Today the Supreme Court handed down a landmark victory for free speech protections.  In Citizens United v. Federal Elections Commission, the Court (in an opinion authored by Justice Kennedy and joined by the Chief Justice, with Justices Scalia, Thomas, and Alito) overruled two decisions—Austin and McConne ...

When it comes to free speech rights, the Supreme Court typically applies the rule of “strict scrutiny,” which holds that a government restriction on free speech is presumed unconstitutional, until the government proves otherwise. The reason is that, given the importance of freedom of speech, courts should “not presume acquiescence ...

Color me surprised. … ...

As we move slowly towards the over-the-top nanny-state envisioned in Demolition Man, with the state empowered to regulate even the most mundane of human interactions, one might be tempted to drop a few choice words in disbelief. In Massachusetts, that expression might cost you a few bucks . This week, residents in Middleborough, Massachusetts vote ...

Leslie Young is an entrepreneur. Her business, Elist.me, helps people who want to sell their homes “by owner” instead of through a real estate agent. A homeowner who wants to sell provides information about the house, Ms. Young inputs the information into her database, and that information is then fed to websites that publish for-sale-b ...

A few months ago we told you about our lawsuit on behalf of internet entrepreneur Leslie Young, whose business helps people advertise their homes “for sale by owner.” According to bureaucrats with the Nebraska Real Estate Commission, it’s against the law—indeed, a criminal offense!—to tell the public that there’s a home ...

In 1765, Philadelphia printer William Bradford protested against the Stamp Act by printing this symbol in the spot where people were supposed to attach the required tax stamp. Bradford was complying with the law—while drawing people’s attention to the injustice of the tax. Bradford’s act was not unusual: business owners were at the he ...

It is said that a person’s home is his castle, but it is apparently not a personal billboard, at least according to a recent decision from the 4th Circuit Court of Appeals. In Brown v. Town of Cary, 2013 U.S. App. LEXIS 1423 (4th Cir., Jan 22, 2013), that court held that a homeowner had … ...

In Ohio, you are free to buy gold without having special government permission to do so…as long as you don’t talk about it.  Once you tell others that you buy precious metals, by placing advertisements in your store windows or handing out business cards to potential customers, the state may subject you to fines and … ...