MedWorm provides a medical RSS filtering service. Over 6000 RSS medical sources are combined and output via different filters. This feed contains the latest medical blog items that have been tagged with 'first amendment'. Sat, 03 Sep 2011 02:19:54 +0100 http://www.medworm.com/index.php?rid=5169521&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FfipML0MCLcM%2F By David RittgersRight to Record, a website devoted to the legal aspects of recording police officers, has the scoop. A panel of the First Circuit Court of Appeals affirmed the right of citizens to openly record police officers. Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting “the free discussion of governmental affairs.” Moreover, as the Court has noted, “[f]reedom of expression has particular significance with respect to government because ‘[i]t is here that the state has a special incentive to repress opposition and often wields a more effective power of suppression.’” This is particularly true of law enforcement officials, who are granted substantial ... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=5169521 Sat, 27 Aug 2011 15:21:17 +0100 5169521 http://www.medworm.com/index.php?rid=4984426&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2Fil0p9jN4s5w%2F This article is still being edited — it won’t appear in the John Marshall Law Review till the fall – so comments are welcome.  Thanks to Eugene Volokh for making suggestions on an earlier version. Update: Larry Solum has “recommended” our article on the Legal Theory Blog.  Thanks! So What If Corporations Aren’t People? is a post from Cato @ Liberty - Cato Institute Blog (Source: Cato-at-liberty) Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4984426 Wed, 29 Jun 2011 14:19:41 +0100 4984426 http://www.medworm.com/index.php?rid=4975827&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2Ffsa2Wum2Vxs%2F By Julian SanchezI note that I’m not hearing many critics of Citizens United decrying yesterday’s very welcome Supreme Court ruling, in which the majority held unconstitutional a California statute prohibiting the sale or rental of violent video games to minors. Perhaps that’s just because they’re concerned with corporate influence on elections as a policy matter, and not so much about Grand Theft Auto, but as a matter of First Amendment interpretation, it seems as though the elements that supposedly made Citizens United a travesty are present here. As the conservative Justice Alito notes in dissent, for example, the statute at issue here does not prohibit anyone from creating, possessing, freely loaning, or playing violent video games: It regulates only their renta... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4975827 Tue, 28 Jun 2011 16:39:05 +0100 4975827 http://www.medworm.com/index.php?rid=4975836&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FSPKxQcM8ajk%2F By Ilya ShapiroWith its last opinion on the last day of the term, the Supreme Court brought things back to constitutional basics by striking down a state law that punished political speech. Whatever the motivations behind Arizona’s so-called Clean Elections Act, giving a publicly funded candidate more taxpayer-provided money every time his privately funded opponent—or his supporters—have “spoken too much” clearly chills speech. In elections, where there is no effective speech without spending money, matching funds provisions triggered by speech fail First Amendment scrutiny. And this result should’ve been obvious to the entire Court, not just a five-justice majority, in the wake of the Davis v. FEC “Millionaires’ Amendment” case from 2008. Davis struck down the part of Mc... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4975836 Mon, 27 Jun 2011 16:54:47 +0100 4975836 http://www.medworm.com/index.php?rid=4975840&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FobqD34Uv_fw%2F By Ilya ShapiroThe Supreme Court scored an epic win for the First Amendment in striking down California’s prohibition on selling violent videogames to minors. The law was both overly broad—sweeping in a wide variety of games based on no objective standard and no age-based gradations—and underinclusive—with no restrictions on other types of media. With a few strictly drawn exceptions for historically unprotected speech—obscenity, incitement, fighting words—government lacks the power to restrict expression simply because of its content. And a legislature cannot create new types of unprotected speech simply by weighing its purported social costs against its alleged value. “Reading Dante is unquestionably more cultured and intellectually edifying than playing Mortal Kombat,” Ju... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4975840 Mon, 27 Jun 2011 15:28:28 +0100 4975840 http://www.medworm.com/index.php?rid=4975845&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FH4gEql8vpE8%2F By Ilya ShapiroIn an important but little-noted First Amendment case decided Thursday, Sorrell v. IMS Health Inc., the Supreme Court correctly invalidated a particular regulation of commercial speech but unfortunately left intact the general doctrine that distinguishes and privileges noncommercial speech.  Justice Kennedy authored the 6-3 decision (joined not just by the “conservatives” but also Justice Sotomayor) that struck down a Vermont law prohibiting the sale of information about doctors’ prescription histories as making viewpoint-based speech restrictions in violation of the First Amendment.  In so ruling, the Court effectively affirmed a Second Circuit decision (involving a similar Connecticut law) I discussed previously.  Cato filed amicus briefs in both the Second Circui... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4975845 Mon, 27 Jun 2011 13:01:36 +0100 4975845 http://www.medworm.com/index.php?rid=4952799&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FczRzl1vXuRE%2F By Ilya ShapiroIn 1920, the Supreme Court decided an obscure case concerning the implementation of a treaty between the United States and Canada regarding migratory birds. Tucked into Justice Oliver Wendell Holmes’s five-page decision in Missouri v. Holland was a sentence that expressed a truly startling idea: that Congress can transcend its enumerated powers via its power to implement treaties. That is, although Congress has no enumerated power to pass, say, general criminal laws, if a ratified treaty with France demands that we pass such laws, then Congress’s power expands to allow for such legislation. Thus, foreign nations and the executive branch are given the power to change, almost at will, one of the most hotly debated and carefully crafted sections of the Constitution,... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4952799 Mon, 20 Jun 2011 20:35:51 +0100 4952799 http://www.medworm.com/index.php?rid=4902405&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FI8niYC-xAnE%2F By Jim HarperIt might be tempting to laugh at France’s ban on words like “Facebook” and Twitter” in the media. France’s Conseil Supérieur de l’Audiovisuel recently ruled that specific references to these sites (in stories not about them) would violate a 1992 law banning “secret” advertising. The council was created in 1989 to ensure fairness in French audiovisual communications, such as in allocation of television time to political candidates, and to protect children from some types of programming. Sure, laugh at the French. But not for too long. The United States has similarly busy-bodied regulators, who, for example, have primly regulated such advertising themselves. American regulators carefully oversee non-secret advertising, too. Our govern... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4902405 Mon, 06 Jun 2011 16:35:53 +0100 4902405 http://www.medworm.com/index.php?rid=4902692&cid=t_113037_150_f&fid=35777&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FPharmalot%2F%7E3%2F-n8abnKML2w%2F In a recent memo to clients, former US Attorney and healthcare fraud prosecutor Michael Loucks argues that qui tam, or whistleblower lawsuits should be unsealed after 60 days. Why? The average suit remains under seal for about 13 months which, he maintains, is unfair to drug and device makers that remain unaware of the allegations. “Very few companies have sought to force the government at an early stage to disclose the False Claims Act suit. Thus, companies have defended investigations without the benefit of the discovery and litigation rights accorded litigants in federal civil suits and without the ability to correct any misconduct identified in the (False Claims Act) complaint, and have typically allowed the matter to be resolved on the government’s timetable,” he writes,... Pharmalot blogs http://www.medworm.com/rss/comments.php?id=4902692 Mon, 06 Jun 2011 16:20:07 +0100 4902692 http://www.medworm.com/index.php?rid=4841431&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FmJzoGRuj-4U%2F By John SamplesSteve Simpson and Paul Sherman of the Institute for Justice have written an excellent short essay about Stephen Colbert’s effort to undermine the Citizens United decision. But the joke is on Colbert: Campaign-finance laws are so complicated that few can navigate them successfully and speak during elections—which is what the First Amendment is supposed to protect. As the Supreme Court noted in Citizens United, federal laws have created “71 distinct entities” that “are subject to different rules for 33 different types of political speech.” The FEC has adopted 568 pages of regulations and thousands of pages of explanations and opinions on what the laws mean. “Legalese” doesn’t begin to describe this mess. So what is someone who... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4841431 Thu, 19 May 2011 18:33:00 +0100 4841431 http://www.medworm.com/index.php?rid=4813258&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FBZvbCdFqdd0%2F By Jim HarperSenator Chuck Schumer rounds out a trifecta of bloggable moments from the Senate Judiciary Subcommittee on Privacy, Technology, and the Law’s hearing this morning. Ignoring the subject of the “mobile privacy” hearing, Schumer queried the witnesses from both Google and Apple on whether they will accede to his demand that they reject certain “apps” on Android phones and iPhones. The applications Senator Schumer dislikes alert people on their mobile phones to the locations of DUI checkpoints. Senator Schumer says these apps “allow drunk drivers to evade police checkpoints,” but that statement fails to include other parties who might rightly wish to avoid police checkpoints—such as law-abiding citizens who wish to live free in this count... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4813258 Tue, 10 May 2011 19:23:55 +0100 4813258 http://www.medworm.com/index.php?rid=4758737&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FPvSlV8yRWlM%2F By Ilya ShapiroLast month, I described an unfortunate court ruling that let stand a Texas law designed to protect that state’s in-state liquor retailers from out-of-state competition, a holding that disregarded recent high-court precedent.  This built on a podcast I had recorded about a year ago about the relationship between state alcohol regulation under the Twenty-First Amendment (which ended Prohibition) and the Commerce Clause. As the Wall Street Journal describes today: The federal government and states have been in a tug-of-war over alcohol regulation since the 21st Amendment passed in 1933. That amendment gave states the right to decide whether to go wet or stay dry. But the Supreme Court in 2005 came down decisively in favor of the feds in Granholm v. Heald. The Court st... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4758737 Wed, 27 Apr 2011 16:13:53 +0100 4758737 http://www.medworm.com/index.php?rid=4747882&cid=t_113037_150_f&fid=35777&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FPharmalot%2F%7E3%2F9c4NOuPTQQ8%2F The US Supreme Court tomorrow will review a highly controversial issue - the constitutionality of a Vermont law that restricts the sale of prescription drug info identifying prescribers and patients for commercial marketing purposes. The practice is known in the pharma world as data mining and has been building for some two decades ever since data was gathered by market research firms, but has since sparked heated arguments over free speech, health care costs and information privacy. The information at issue includes the name of a prescribing physician, patient age and sex, the type and strength of each drug prescribed, and the date and location of prescription. Pharmacies, of course, are required by law to collect and maintain data about each prescription that is filled, and are allowed c... Pharmalot blogs http://www.medworm.com/rss/comments.php?id=4747882 Mon, 25 Apr 2011 16:16:39 +0100 4747882 http://www.medworm.com/index.php?rid=4747603&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FzgxhrmmdCgg%2F By Ilya ShapiroLately I seem to have been blogging — and filing briefs – a fair bit on campus First Amendment issues, regarding both students and professors.  The threats to free speech and academic freedom stretch far beyond the halls of Widener Universty and concern more than just the rules of political correctness. This month, UCLA’s James Enstrom (34 years a professor) is fighting his dismissal from UCLA for submitting a paper to a regulatory board that denied that diesel particulates cause 2,000 premature deaths in California per year.  The scientific literature published subsequent to his initial findings support his thesis and the conclusions his work refuted turned out to be written by a fraud who received his Ph.D. from a diploma mill.  In short, he was f... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4747603 Mon, 25 Apr 2011 12:36:50 +0100 4747603 http://www.medworm.com/index.php?rid=4723789&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FuQHo05x7vAc%2F By Ilya ShapiroEveryone knows that students have First Amendment rights, that the Constitution proverbially doesn’t stop at the schoolhouse door.  Yet students in the Plano Independent School District in Texas (against whose speech code Cato previously filed a brief) were prohibited from handing out pencils with messages such as “Jesus is the reason for the season” and “Jesus loves me, this I know, for the Bible tells me so,” or sending holiday cards to retirement homes that said “Merry Christmas.” The students, through their parents, sued the district on First Amendment grounds, and were successful through a Fifth Circuit panel ruling that “qualified immunity,” a doctrine that prevents government officials from being held personally l... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4723789 Mon, 18 Apr 2011 14:44:27 +0100 4723789 http://www.medworm.com/index.php?rid=4709190&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2Fw_3gECG0FYA%2F By John SamplesOver the next few years, most arguments about campaign finance regulation will be about extending mandated disclosure to some of the independent spending freed up by the Citizens United decision. Writing in the Wall Street Journal, James L. Huffman offers a unique perspective on mandated disclosure: he was a candidate for the U.S. Senate last year. He argues that mandated disclosure means incumbents know who funded the campaigns of their challengers.  Incumbents do not have to actually threaten anyone; disclosure plus circumstances means a cautious businessperson will stay clear of electoral participation. Huffman also claims that some people who might have contributed to his campaign heard from associates of his opponent who said contributing to Huffman might be a bad idea... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4709190 Wed, 13 Apr 2011 15:32:20 +0100 4709190 http://www.medworm.com/index.php?rid=4704629&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FSLtAhRW5GrY%2F By Ilya ShapiroFew could imagine a more troubling free speech and due process case than that of Hayden Barnes.  Barnes, a student at Valdosta State University in Georgia, peacefully protested the planned construction of a $30 million campus parking garage that was the pet project of university president Ronald Zaccari.  A “personally embarrassed” Zaccari did not take kindly to that criticism and endeavored to retaliate against Barnes — ignoring longstanding legal precedent, the Valdosta State University Student Handbook (a legally binding contract), and the counsel of fellow administrators.  Zaccari even ordered staff to look into Barnes’s academic records, his medical history, his religion, and his registration with the VSU Access Office! The district court found th... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4704629 Tue, 12 Apr 2011 12:54:06 +0100 4704629 http://www.medworm.com/index.php?rid=4684265&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FlMc1JdHkAwQ%2F By Jim HarperSan Francisco's Entertainment Commission will soon be considering a jaw-dropping attack on privacy and free assembly. Here are some of the rules the Commission may adopt for any gathering of people expected to reach 100 or more: 3. All occupants of the premises shall be ID Scanned (including patrons, promoters, and performers, etc.). ID scanning data shall be maintained on a data storage system for no less than 15 days and shall be made available to local law enforcement upon request. 4. High visibility cameras shall be located at each entrance and exit point of the premises. Said cameras shall maintain a recorded data base for no less than fifteen (15 days) and made available to local law enforcement upon request. Would you recognize a police state if you lived in one? How ab... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4684265 Wed, 06 Apr 2011 23:42:28 +0100 4684265 http://www.medworm.com/index.php?rid=4676754&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FvaQFtvT5V3c%2F By Ilya ShapiroAs Andrew and Adam have already explained, today’s decision in ACSTO v. Winn, though grounded in the technical legal doctrine of “standing,” is a big win for school choice and state flexibility in education reform.  Even more importantly, it makes clear that there is a difference between tax credits and government spending; to find that tax money was used for unconstitutional ends here would have assumed that all income is government property until the state allows taxpayers to keep a portion of it.  That is not, to put it mildly, how we think of private property. Of course, even had the Court found that Arizona’s scholarship scheme involved the use of state funds, the program would have been insulated from Establishment Clause challenge because it offered the “g... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4676754 Mon, 04 Apr 2011 19:18:53 +0100 4676754 http://www.medworm.com/index.php?rid=4653315&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FFQQJv3QGBnk%2F By Ilya ShapiroYesterday the Supreme Court heard oral arguments in the Arizona matching-public-campaign-funding case, McComish v. Bennett, spearheaded by our friends at the Goldwater Institute and the Institute for Justice. Here's the background:  In 1998, after years of scandals ranging from governors being indicted to legislators taking bribes, Arizona passed the Citizens Clean Elections Act. This law was intended to “clean up” state politics by creating a system for publicly funding campaigns.  Participation in the public funding is not mandatory, however, and those who do not participate are subject to rules that match their “excess” private funds with disbursals to their opponent from the public fund. In short, if a privately funded candidate spends more than his publicly f... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4653315 Tue, 29 Mar 2011 14:26:45 +0100 4653315 http://www.medworm.com/index.php?rid=4653605&cid=t_113037_150_f&fid=35777&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FPharmalot%2F%7E3%2Figh8X5xxjNM%2F A provision of the False Claims Act that prevents whistleblower lawsuits from being unsealed does not violate the First Amendment and, therefore, the public’s right to access the documents, a federal appeals court has ruled. In a 2-to-1 vote, the US Court of Appeals for the 4th Circuit upheld an earlier decision that shot down the argument whistleblower lawsuits should be unsealed after a 60-day period because this would allow the public to learn as soon as possible about corporate wrongdoing. The rationale for requiring these lawsuits to remain sealed for at least 60 days is to allow the feds, who are permitted to seek extensions beyond that initial period, to investigate the allegations. During the seal period, the whistleblower is not supposed to discuss the suit or its contents. ... Pharmalot blogs http://www.medworm.com/rss/comments.php?id=4653605 Tue, 29 Mar 2011 11:55:34 +0100 4653605 http://www.medworm.com/index.php?rid=4642576&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FC313665Ucqo%2F By Ilya ShapiroVermont passed a law prohibiting the exchange of a variety of socially important information. Most notably, the law outlaws the transfer of doctors' prescription history to facilitate drug companies' one-on-one marketing — a practice known as "detailing" — because it believes detailing drives up brand-name drug sales and, in turn, health care costs. The state knew that the First Amendment prevented it from banning detailing itself, so it made the practice more difficult indirectly. Yet data collection and transfer are protected speech — think academic research, or the phone book — and government efforts to regulate this type of speech also runs afoul of the First Amendment. See, e.g., Solveig Singleton, Cato Policy Analysis No. 295, "Privacy as Censorship: A Skeptica... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4642576 Mon, 28 Mar 2011 11:50:56 +0100 4642576 http://www.medworm.com/index.php?rid=4544947&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FRmhvzKbuPbs%2F By Ilya ShapiroRecently, activist and filmmaker Annie Leonard released a video titled "The Story of Citizens United v. FEC," an eight-and-a-half-minute criticism of last year’s Supreme Court case of the same name. Well, sort of. Competitive Enterprise Institute’s Lee Doren made his own video critique in response to Ms. Leonard’s offering, and points out quite clearly that Ms. Leonard doesn’t really deal with any actual constitutional problems in her position—essentially ignoring the decision and its rationale—and instead spends most of her time corporation bashing. Lee was kind enough to cite, inter alia, a blogpost I wrote last year about what “corporate personhood” does and does not mean. If Ms. Leonard was going to ignore the decision, it may have at least served her wel... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4544947 Thu, 03 Mar 2011 17:40:11 +0100 4544947 http://www.medworm.com/index.php?rid=4540556&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2F7UEHXeeBcRY%2F By Roger PilonFreedom requires tolerance. That principle will be put to the test today as Americans respond to the Supreme Court decision in Snyder v. Phelps. As Ilya Shapiro first noted below, Chief Justice John Roberts, writing for the Court, with a thoughtful dissent by Justice Samuel Alito, upheld the right of Rev. Fred Phelps and members of the Westboro Baptist Church to picket at military funerals, carrying signs that read “Thank God for Dead Soldiers,” “Fags Doom Nations,” “America is Doomed,” “Priests Rape Boys,” and “You’re Going to Hell.” It is a mark of our liberty that in most cases we defend even the most despicable speech. And in that we stand in stark contrast to much of the world. In truth, we should also defend most (but not all) despicable actions ... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4540556 Wed, 02 Mar 2011 17:24:00 +0100 4540556 http://www.medworm.com/index.php?rid=4540558&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2F2UpjKQF_6Lk%2F By Ilya ShapiroAs I predicted after oral argument last October, today the Court ruled 8-1 (Alito dissenting) in favor of free speech at the expense of giving a legal victory to a repugnant group.  While the Westboro Baptist Church hates what they view as both the sinner and the sin, the Court properly rebuked the Phelpses while correctly expressing utmost devotion to their right to propagate their wayward message. Stepping aside from the emotions and bizarre facts, this case implicates all sorts of legal issues aside from the First Amendment.  A private cemetery can and should remove unwanted visitors for trespassing — but the Phelpses didn’t enter the cemetery.  A town can pass ordinances restricting the time, place, and manner of protests — but the Phelpses stayed within all ... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4540558 Wed, 02 Mar 2011 16:55:08 +0100 4540558 http://www.medworm.com/index.php?rid=4495175&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2F998-bwSthvo%2F This article will explain the role stare decisis played in Citizens United and build on the Chief Justice’s concurrence to describe the current state of the doctrine. Thanks to Larry Solum for featuring us on his Legal Theory Blog. When Should Courts Overturn Precedent? is a post from Cato @ Liberty - Cato Institute Blog (Source: Cato-at-liberty) Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4495175 Fri, 18 Feb 2011 22:41:19 +0100 4495175 http://www.medworm.com/index.php?rid=4495178&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FxIIWRsNaR1A%2F By David BoazBill Monroe, who was moderator for NBC's Meet the Press for about 10 years, has died at 90. The Washington Post does a fine job with his long career, from his pro-civil-rights journalism in Lousiana in the 1950s to his years with NBC and Meet the Press.   I want to draw attention to his longtime advocacy of extending the First Amendment to broadcasting. Actually, I'm sure he thought that the First Amendment did cover all forms of the news media — but he knew that Congress and the courts didn't see it that way, so he wanted an explicit amendment to make that clear. Because his articles on this topic were published in the pre-Internet Dark Ages (yes, children, there are great ideas not online), I can't link to any of them.  He spoke at the Cato Institute in 1984 on the t... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4495178 Fri, 18 Feb 2011 18:46:15 +0100 4495178 http://www.medworm.com/index.php?rid=4382748&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FoF7XF-mu_R0%2F By Ilya ShapiroAs Caleb noted earlier, today marks the one-year anniversary of Citizens United, a case I first thought ”just” concerned some weird regulation of pay-per-view movies, but turned out to be about asserted government power to ban political speech — including books and TV commercials — simply because the speaker was not one individual but a group (in corporate or or other associational form).  See also this op-ed by ACLU lawyer Joel Gora. Roger similarly noted the continuing discussion in Congress and elsewhere about the public financing of elections.  As it turns out, the Supreme Court has agreed to hear a challenge to such a system, specifically Arizona’s Clean Elections Act.  Brought by our friends at the Institute for Justice and the Goldwat... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4382748 Fri, 21 Jan 2011 18:10:56 +0100 4382748 http://www.medworm.com/index.php?rid=4382751&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FIlAXKrr0E2g%2F By Caleb O. BrownThe Supreme Court majority in Citizens United asserted plainly that the federal government’s powers are few and defined in the realm of political speech. The decision has since been cast as one that does little more than give “corporations and unions the freedom to spend as much as they like to support or attack candidates.” Of course, the stakes were far higher. As the government’s attorney asserted during the initial oral argument, the Federal Election Commission retained the authority to ban the sale of certain books (e-books included) in the weeks leading up to an election, a fact opponents of Citizens United rarely mention. Shortly after that oral argument, Austin Bragg and I made a short video with Steve Simpson of the Institute for Justice, A... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4382751 Fri, 21 Jan 2011 15:44:46 +0100 4382751 http://www.medworm.com/index.php?rid=4322690&cid=t_113037_150_f&fid=35777&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FPharmalot%2F%7E3%2FUjxdBU3b7R8%2F After several years of courtroom battles, the US Supreme Court has agreed to review whether laws that ban data mining - specifically, the sale of prescription drug info that identifies prescribers and patients for commercial marketing purposes - are unconstitutional (see this). The move, which is not surprising, comes after conflicting rulings issued by different federal appeals courts. Last November, the US Court of Appeals for the Second Circuit shot down a Vermont law after deciding it violated the First Amendment right to free speech (see here). Previously, the US Court of Appeals for the First Circuit upheld similar statutes passed by Maine and New Hampshire (read this). The challenges to the state laws were made by three healthcare research firms - IMS Health, SDI, Wolters Kluwer hea... Pharmalot blogs http://www.medworm.com/rss/comments.php?id=4322690 Fri, 07 Jan 2011 23:10:01 +0100 4322690 http://www.medworm.com/index.php?rid=4241707&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FRUzEnHdekPU%2F By Ilya ShapiroAs I wrote almost exactly a year ago, my friend Mark Sigmon filed a case on behalf of the ACLU seeking to prohibit a town in North Carolina from enforcing its sign ordinance against a man who painted “Screwed by the Town of Cary” on the side of his house.  Well, yesterday, the federal district court granted the plaintiff David Bowden summary judgment and entered a permanent injunction against the town.  The court concluded that the sign ordinance was content-based under the First Amendment because it required more than a perfunctory inquiry into the content of signs in order to determine whether the ordinance would apply.  For example, the ordinance required the town to determine whether something was a “work of art,” a “holiday message,&... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4241707 Wed, 08 Dec 2010 17:50:31 +0100 4241707 http://www.medworm.com/index.php?rid=4214080&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FxdKCm7gj4bw%2F By Ilya ShapiroToday, the Supreme Court agreed to review McComish v. Bennett (consolidated with Arizona Free Enterprise v. Bennett), which challenges Arizona’s public financing of elections as an unconstitutional abridgment of speech. Because the case concerns a crucial new battleground in the fight between free speech and “fair” (read: government-controlled) elections, Cato filed an amicus brief supporting the cert petitions filed by our friends at Goldwater Institute and the Institute for Justice. McComish centers on Arizona’s “Clean Elections” Act, which provides matching funds to publicly funded candidates if their privately funded opponent spends above certain limits. In other words, by ensuring that his speech will not go “unmatched” by his opponen... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4214080 Mon, 29 Nov 2010 20:40:14 +0100 4214080 http://www.medworm.com/index.php?rid=4197030&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FZmiEwqb5y0s%2F By Ilya ShapiroAs the legal battle against Obamacare continues, we got good constitutional news today in another aspect of health care law.  The Second Circuit Court of Appeals, based in New York City, ruled that statutes restricting commercial speech about prescription drug-related data gathering are unconstitutional.  The court emphasized that the First Amendment protects “[e]ven dry information, devoid of advocacy, political relevance, or artistic expression.” The case, IMS Health v. Sorrell, concerned a Vermont law that sought to constrain various aspects of prescriber-identifiable data gathering, dissemination, and use. The state argued that such information collection and exchange could induce doctors to alter their prescribing practices in ways that impose additional costs on ... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4197030 Tue, 23 Nov 2010 20:37:57 +0100 4197030 http://www.medworm.com/index.php?rid=4179302&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FMPEt1UT7yL8%2F By Timothy B. LeeOn Thursday the Senate Judiciary Committee unanimously approved the Combating Online Infringements and Counterfeits Act. Its backers, including Hollywood and the recording industry, are hoping to rush the legislation through Congress during the current “lame duck” session. The legislation empowers the attorney general to draw up a list of Internet domain names he considers to be “dedicated to infringing activities,” and to obtain a variety of court orders designed to block access to these sites for American Internet users. To understand the proposal, it helps to know a bit about the Domain Name System, or DNS, that is the focus of the bill. The DNS is the Internet’s directory service. Computers on the Internet are assigned (mostly) unique numb... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4179302 Thu, 18 Nov 2010 21:42:43 +0100 4179302 http://www.medworm.com/index.php?rid=4151756&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2Fnhbw84wqoVs%2F By Andrew J. CoulsonK-12 school choice programs based on education tax credits are receiving a lot of attention after last week’s Supreme Court oral arguments in the Winn case. SCOTUS is likely to overturn a lower court ruling in Winn that would have hobbled or killed Arizona’s education tax credit program, and that has some folks consternated. Among the ranks of the tetchy is Kevin Carey of the Quick and the Ed. Jay Greene responds here, and concludes, in essence, that Carey is inconsistently alternating between two criticisms of tax credits whenever one is whacked with a compelling counterargument. Worth a read. Education Policy Meets Whac-a-Mole® is a post from Cato @ Liberty - Cato Institute Blog (Source: Cato-at-liberty) Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4151756 Tue, 09 Nov 2010 20:42:52 +0100 4151756 http://www.medworm.com/index.php?rid=4133662&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FkCfj3_-6pKE%2F By Ilya ShapiroOn Tuesday — you may have missed this because of some political developments that day — the Supreme Court heard oral arguments in Schwarzenegger v. Entertainment Merchants Association.  This case is a First Amendment challenge to a California law that prohibits selling violent video games to minors.  Cato had filed a brief pointing out that, to paraphrase the Four Tops, it’s just the same ol’ song, but with a different meaning whenever a new form of entertainment comes along.  In other words, it is difficult to find any form of entertainment that did not once suffer the ire of parents’ groups, smoldering church bonfires, and would-be government protectors of children. From the Brothers Grimm, to “penny dreadful” novels, to comic books, t... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4133662 Thu, 04 Nov 2010 19:19:01 +0100 4133662 http://www.medworm.com/index.php?rid=4133670&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FUvvg3G17Wzs%2F By Michael F. CannonListening to NPR on the way into work, I twice heard a reporter refer to Meredith McGehee, a champion of (ahem) campaign finance reform, as a “good-government lobbyist.” Got that?  If you disagree with McGehee’s lobbying agenda — if, say, you think campaign finance reform is an unconstitutional attempt by the Left to restrict political speech that they don’t like — then you are against making government better. But did you catch the more subtle form of bias?  I maintain there is no such thing as good government. (Call it Cannon’s First Law of Politics.)  And I’m not alone.  ”Government, even in its best state,” wrote Thomas Paine in Common Sense, “is but a necessary evil.”  Not good.  Less evil tha... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4133670 Thu, 04 Nov 2010 15:22:08 +0100 4133670 http://www.medworm.com/index.php?rid=4118896&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FyVeElh030gg%2F By Roger PilonToday POLITICO Arena asks: Is it worrisome that Americans spend on political advocacy – determining who should make and administer the laws – much less than they spend on potato chips, $7.1 billion a year? My response: For decades among modern liberals it has been an article of faith — devoid of evidence — that money corrupts politics and that there is too much money in politics — “unconscionable” amounts, we’ve been told, repeatedly. Thus the crusade to restrict and regulate in exquisite detail every aspect of campaign finance, beginning in earnest with the Federal Election Campaign Act of 1971 and culminating with the Bipartisan Campaign Reform Act of 2002 (McCain-Feingold). Yet after every new restriction along that tortuous course,... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4118896 Wed, 27 Oct 2010 19:05:40 +0100 4118896 http://www.medworm.com/index.php?rid=4065345&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FzTZRl0bFuCA%2F By John SamplesKenneth Vogel offers an unexpected insight into the nature of campaign finance regulation: “[Wisconsin Senator Russell] Feingold faces an uphill battle against a novice opponent, who, perhaps ironically, has been the beneficiary of hundreds of thousands of dollars in ads attacking Feingold that would have been prohibited had McCain-Feingold remained intact.” In other words, if Feingold’s campaign finance law had not proven to be contrary to the U.S. Constitution, he might well not be facing “an uphill battle” to serve a fourth term in Washington. The political speech that is causing Feingold problems would have been prohibited in that situation. But the First Amendment favors speech and not the re-election needs of senators. Oddly, Vogel writes ... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4065345 Wed, 13 Oct 2010 19:41:26 +0100 4065345 http://www.medworm.com/index.php?rid=4065354&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FCV9DH-ZUPOE%2F By Roger PilonToday POLITICO Arena asks: Looking at the repeated failures of campaign finance reforms, is it time to end the restrictions? My response: Funny, we didn’t hear the primal scream about campaign finance from liberal Democrats during the 2008 campaigns, when money was pouring into their coffers from everywhere. Do we need any better evidence of the hypocrisy surrounding their screams this year? If so, turn to the lead editorial in this morning’s Wall Street Journal. It’ll tell you all you need to know about the campaign finance “reform” ruse that has been going on for years. As I’ve written often at the Arena, the true aim of this game is incumbent protection, and it has been from the beginning. But thanks to the First Amendment, incumbents ... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4065354 Wed, 13 Oct 2010 14:47:16 +0100 4065354 http://www.medworm.com/index.php?rid=4040551&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FcTYC6sXeQ_U%2F By Ilya ShapiroI’ve resisted commenting on Snyder v. Phelps, the “funeral protest case,” because, as the old saying goes, hard cases make bad law.  And in this instance, really weird and repugnant speech makes for a lot of sound and fury signifying very little. Still, the bizarre and inflammatory facts of the case — protestors show up at soldiers’ funerals to make the point that these deaths are God’s retribution for America’s tolerance of homosexuality — have gained plenty of media interest, particularly during this relatively uneventful term at the Supreme Court.  So I have commented a few times on the radio and yesterday attended the oral argument, the transcript of which you can read here and audio for which should be released on t... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4040551 Thu, 07 Oct 2010 15:32:21 +0100 4040551 http://www.medworm.com/index.php?rid=4036626&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2F6sUUi634sro%2F By John SamplesThe plaintiffs in the SpeechNow.org case have petitioned the U.S. Supreme Court to decide “whether, under the Free Speech Clause of the First Amendment, the federal government may require an unincorporated association that makes only independent expenditures to register and report as a political committee.” You can read all about this important case here. The Next Step for SpeechNow is a post from Cato @ Liberty - Cato Institute Blog (Source: Cato-at-liberty) Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4036626 Wed, 06 Oct 2010 17:14:37 +0100 4036626 http://www.medworm.com/index.php?rid=3987043&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FBMKy5RTSVsM%2F By Michael F. CannonPresident Obama’s Secretary of Health and Human Services Kathleen Sebelius is still threatening to bankrupt insurance companies who tell their customers that ObamaCare‘s mandates will increase premiums by more than 2 percent, even though her department’s projections show that, starting this week, just one of the law’s new mandates will increase some premiums by nearly 7 percent. In a CBS News story last week, Sebelius tried to defend those indefensible threats: But don’t the insurance companies have a right to make their own analyses and claims to their customers? “Absolutely, they have a right to communicate with their customers,” replied HHS Secretary Kathleen Sebelius. “We just want to make sure that communication is as... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3987043 Mon, 20 Sep 2010 14:20:35 +0100 3987043 http://www.medworm.com/index.php?rid=3987044&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2F273u-NWF8og%2F By Ilya Shapiro“These kids today and their violent [blank]….” This refrain has been around for as long as there have been kids – and elders to shake their fists at them. In the 19th century, dime novels and “penny dreadfuls” were blamed for social ills and juvenile delinquency. In the 1950s, for example, psychologist Fredric Wertham’s attack on comic books – in his bluntly titled book Seduction of the Innocent – so ignited the national ire that Congress held hearings on the cartoon menace. In response, the comic book industry voluntarily adopted a ratings system. Similarly, backlash against the movie industry and the music industry (e.g., Tipper Gore’s attack on gangsta rap) caused those respective industries to also adopt volu... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3987044 Mon, 20 Sep 2010 11:06:26 +0100 3987044 http://www.medworm.com/index.php?rid=3980814&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2F_Ka9_i5F_44%2F By Ilya ShapiroIn 1998, after years of scandals ranging from governors being indicted to legislators taking bribes, Arizona passed the Citizens Clean Elections Act. This law was intended to “clean up” state politics by creating a system for publicly funding campaigns. Participation in the public funding is not mandatory, however, and those who do not participate are subject to rules that match their “excess” private funds with disbursals to their opponent from the public fund. In short, if a privately funded candidate spends more than his publicly funded opponent, then the publicly funded candidate receives public “matching funds.” Whatever the motivations behind the law, the effects have been to significantly chill political speech. Indeed, ample eviden... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3980814 Fri, 17 Sep 2010 15:49:35 +0100 3980814 http://www.medworm.com/index.php?rid=3968997&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FtUd78uL-qc4%2F By David RittgersJustice Breyer appeared on Good Morning America today, telling George Stephanopoulous that burning the Koran may not be protected by the First Amendment. As Breyer puts it, this may be akin to “shouting fire in a crowded theater,” since internet-driven publicity could bring retaliatory violence here or abroad. Let me get this straight – burning a Koran isn’t protected the same way that burning a Bible or the American flag is, or a neo-Nazi march through a neighborhood of Holocaust survivors. The “crowded theater” is now global, and all someone has to do to diminish the First Amendment rights of all Americans is threaten to use violence if an offending word is uttered. That’s not a consistent interpretation of the First Amendment, but Breyer’s record of cons... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3968997 Tue, 14 Sep 2010 19:07:26 +0100 3968997 http://www.medworm.com/index.php?rid=3965393&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FVNx7y-rBzqI%2F By Michael F. CannonThe following analogy may help to explain why everyone should be troubled by HHS Secretary Kathleen Sebelius’ efforts to intimidate insurance companies who say unflattering things about ObamaCare. Last month, Virginia Attorney General Ken Cuccinelli (R), issued an opinion that state regulatory boards already have the authority to impose additional regulations on abortion clinics.  Critics pounced, claiming that the measure could shut down 17 of the state’s 21 clinics. What if Cuccinelli responded with a letter threatening to investigate clinics that “misinform” the public about the costs of such regulation? (Source: Cato-at-liberty) Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3965393 Mon, 13 Sep 2010 17:52:58 +0100 3965393 http://www.medworm.com/index.php?rid=3957897&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FDKojA3KM-8w%2F By Michael F. CannonThis week saw more bad news for ObamaCare.  So the Obama administration slipped on the brass knuckles. Last week brought news that health insurance premiums grew by a smaller increment in 2010 than in any of the past 10 years.  On Tuesday, The Wall Street Journal reported that ObamaCare appears to be turning that around: Health insurers say they plan to raise premiums for some Americans as a direct result of the health overhaul in coming weeks, complicating Democrats’ efforts to trumpet their signature achievement before the midterm elections. Aetna Inc., some BlueCross BlueShield plans and other smaller carriers have asked for premium increases of between 1% and 9% to pay for extra benefits required under the law, according to filings with state regulators. Th... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3957897 Fri, 10 Sep 2010 20:32:44 +0100 3957897 http://www.medworm.com/index.php?rid=3942776&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FL8Ehoyf2UkU%2F By Jim HarperOn August 24th, the Attorneys General of 17 states sent a letter [PDF] to the founder and CEO of the Craigslist online platform, to “request” that they take down the “Adult Services” section of the site. The link to that section of the site now stands with a “CENSORED” label over the place where the link stood. On the TechLiberationFront blog, Ryan Radia has a good write-up, including the legal protections Craigslist enjoys under federal law as a provider of an “interactive computer service.” The AGs undoubtedly know that could not directly shut down Craigslist. They wouldn’t have a legal leg to stand on if they attacked the site for the behavior of its users. But they also know that publically badgering Craigslist can win ... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3942776 Tue, 07 Sep 2010 11:06:40 +0100 3942776 http://www.medworm.com/index.php?rid=3872541&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FBEk1ClsdhGo%2F By Roger PilonPolitico Arena asks for comments today on President Obama’s Ground Zero Mosque remarks: My response: Speaking expressly “as President” last evening [Friday], Mr. Obama has weighed in on the Ground Zero Islamic mosque controversy — and blatantly misstated it. This controversy has nothing to do with Muslims having “the same right to practice their religion as anyone else in this country” or with their ”right to build a place of worship and a community center on private property in lower Manhattan,” as Obama put it. Nor does it have anything to do with the First Amendment. Rather, the issue is simply one of common decency and sensitivity to the feelings of others. The president is right about one thing: Ground Zero is “... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3872541 Mon, 16 Aug 2010 15:27:13 +0100 3872541 http://www.medworm.com/index.php?rid=3790683&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FUJnyjEPqbbM%2F By Ilya ShapiroIn my last two posts I described how the New York Times misunderstands the Constitution and highlighted Reason’s great new article comparing conservative and libertarian theories of constitutional interpretation.  Well, now I have a chance to put those topics together, in response to yesterday’s big front-pager entitled “Court Under Roberts Is Most Conservative in Decades.” Times Supreme Court reporter Adam Liptak — generally a sharp and honest broker — surveys some new political science literature and concludes, among other things, that since John Roberts became Chief Justice five years ago, the Court has been moving (modestly) to the right and is now “the most conservative one in living memory.”  Ed Whelan debunks both ... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3790683 Mon, 26 Jul 2010 21:05:28 +0100 3790683 http://www.medworm.com/index.php?rid=3753799&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FY_7YaQqUknY%2F By David RittgersPornography producer John Stagliano is on trial in Washington, D.C., accused of interstate trafficking of obscenity. Reason has been producing workmanlike coverage of the trial. Setting aside the constitutionally difficult prospect of defining obscenity, the trial is replete with procedural anomalies that call into question the basic fairness of the proceedings. District Court Judge Richard Leon ruled that Stagliano cannot use expert witnesses, and shut the press out of the jury selection process (which, after a full week, has yet to finish). Things don’t bode well for a free and open trial: The courtroom monitors that will display the crucial evidence are all arranged to be out of the sightlines of press and interested citizens, viewable only by jurors and lawyers. ... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3753799 Wed, 14 Jul 2010 15:37:23 +0100 3753799 http://www.medworm.com/index.php?rid=3750042&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FsGNN_KbrNZ4%2F By Ilya ShapiroToday, we celebrate a free speech victory in the Second Circuit Court of Appeals in New York.  In the case of Fox Television v. Federal Communications Commission, the three-judge panel struck down the FCC’s indecency policy for being “unconstitutionally vague” and “creating a chilling effect that goes far beyond the fleeting expletives issue” (e.g., stray f-bombs) that was at the heart of this case. The case was before the Second Circuit after it was remanded by the Supreme Court last year.  Cato adjunct scholar Robert Corn-Revere, acting in his capacity as partner at Davis Wright Tremaine, is lead counsel for co-petitioner CBS.  Bob wrote an article for last year’s Cato Supreme Court Review in which he characterized the case as the first act of many... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3750042 Tue, 13 Jul 2010 19:47:33 +0100 3750042 http://www.medworm.com/index.php?rid=3710550&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2Fs9FY7MJ0UQU%2F By John SamplesThe Center for Competitive Politics has sponsored an analysis by Allison Hayward of Elena Kagan’s writings on campaign finance regulation. It should be read widely, not least by the Senators trying to discern her fitness for the Court. Here’s a taste of Allison’s analysis: In Kagan’s 1996 article, Private Speech, Public Purpose: The Role of Governmental Motive in First Amendment Doctrine, she “explicitly recognized that ‘campaign finance laws… easily can serve as incumbent-protection devices’ and when applied to certain speakers ‘the danger of illicit motive becomes even greater.’ It is impossible to square Kagan’s analysis in this article with her recent comments that the Supreme Court should have deferred to Congress in Citizens United... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3710550 Tue, 29 Jun 2010 14:43:09 +0100 3710550 http://www.medworm.com/index.php?rid=3671666&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FxMK0wcACeUE%2F By Ilya ShapiroIn case you missed yesterday’s excellent Hill Briefing on the DISCLOSE Act and other recent developments in speech restrictions, next week I’ll be debating Citizens United and the future of campaign finance regulation.  The event, cutely titled “Citizens United, Republic Divided; Campaign Finance Law After Citizens United,” takes place June 24 at noon at American University’s Washington School of Law, Room 401.  That’s 4801 Massachusetts Ave. NW here in Washington.  IJ’s Steve Simpson and I will be up against American U’s Jamie Raskin and Election Law Blog’s Rick Hasen (who has also blogged this notice).  RSVP to Michael Vasquez at mv5786a@student.american.edu so there’s enough lunch to go around. For Cato&#821... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3671666 Thu, 17 Jun 2010 19:28:09 +0100 3671666 http://www.medworm.com/index.php?rid=3652395&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FPhAmWAwWzLI%2F By John SamplesCongress has been trying to overturn the Citizens United decision for the past four months. (Citizens United invalidated bans on speech by groups taking a corporate form). Their effort — the DISCLOSE Act — now seems bogged down in the House of Representatives. The National Rifle Association argues that they should not have to disclose their small donors. The labor unions also have complaints: Amaya Tune, a spokeswoman for the AFL-CIO, told Bloomberg this week that “the final bill should treat corporations different than democratic organizations such as unions. We believe the legislation should counter the excessive and disproportionate influence by big business and guarantee effective disclosure of who is paying for what.” Here’s the problem: The Supre... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3652395 Fri, 11 Jun 2010 15:08:42 +0100 3652395 http://www.medworm.com/index.php?rid=3644750&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2F9-SXdHb4rZc%2F By Roger PilonWhen taxpayers underwrite the campaign expenses of candidates for public office, serious questions arise: Not least, why should taxpayers subsidize candidates or ideas they oppose? But when taxpayers subsidize only one side in a campaign, there should be outrage. Perhaps there was at the Supreme Court this morning, when the Court blocked an appalling opinion out of, not surprisingly, the oft-overturned Ninth Circuit. In McComish v. Bennett the Goldwater Institute is challenging Arizona’s Clean Elections Act, under which “candidates who run with public campaign subsidies receive an almost dollar-for-dollar match each time a privately funded opponent raises money above a certain amount,” the Goldwater press release states, “and additional matches when independent expend... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3644750 Tue, 08 Jun 2010 21:12:45 +0100 3644750 http://www.medworm.com/index.php?rid=3621658&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FjE7Biud9oeU%2F By Jim HarperLast week, I referred obscurely to “folks wanting to install the FCC as the Internet’s regulator,” cautioning that this same Federal Communications Commission is our national censor. A friendly correspondent points me to an article in Ars Technica about the demand for speech controls coming from the same groups that want the FCC to control the Internet’s infrastructure, groups such as Free Press, the Media Access Project, and Common Cause. Is there a parry to the charge that this is a demand for censorship? The signatories to the regulatory filing “respectfully request[] that the FCC . . . inquire into the extent and effects of hate speech in media, and explore possible non-regulatory ways to counteract its negative impacts.” The filing doe... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3621658 Tue, 01 Jun 2010 17:43:50 +0100 3621658 http://www.medworm.com/index.php?rid=3607485&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FNsFlrbiXSNI%2F By Jim HarperAmid charge and countercharge about who is shilling for whom in the debate over Internet regulation, Peter Suderman has the right focus in a short piece on Reason’s Hit & Run blog. The Federal Communications Commission’s Chairman is claiming that he only wants to regulate the Internet’s infrastructure, but one of his colleagues, Commissioner Michael Copps, is non-denying that he wants to censor the Internet. There may be exceptions, but it’s usually pretty safe to assume that anytime a politician or bureaucrat dodges a question while calling for “a national discussion about” the proposal at hand, what he or she really means is, “I want to indicate that I support this idea without actually going on record as supporting it.” Th... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3607485 Thu, 27 May 2010 15:43:17 +0100 3607485 http://www.medworm.com/index.php?rid=3599359&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2Fasg8hAKKiiM%2F By Walter OlsonThe California Department of Fair Employment and Housing has agreed to stop investigating citizens on the theory that their political expression in and of itself constitutes a potential violation of laws against housing discrimination. The concession came in a settlement with Julie Waltz, whom it had dragged through an investigation for publicly opposing the placement of subsidized group homes in and near her Norco, Calif. residence. A news release from the Center for Individual Rights: During the year-long investigation, state investigators told Waltz that her speech violated state fair housing laws, requested that she refrain from her speech activities, and threatened her with prosecution. An investigator also told her that the investigation would end if she removed signs ... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3599359 Tue, 25 May 2010 19:12:24 +0100 3599359 http://www.medworm.com/index.php?rid=3581595&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FUFFBFxXOuno%2F By Andrew J. CoulsonThe Supreme Court is expected to decide tomorrow whether to summarily overturn a Ninth Circuit Court ruling, hear an appeal of that ruling, or let the Ninth Circuit’s decision stand. The case involves Arizona’s k-12 scholarship tax credit program that helps families afford private schooling, which the Ninth Circuit found last year to violate the First Amendment. Before the Ninth Circuit handed down its decision, I predicted that it would rule against the tax credit program, and that it would eventually be overturned by the Supreme Court. The first part of that prediction came to pass, and I still expect the second part to as well. For the reasons why SCOTUS will overturn the Ninth Circuit, see Cato’s brief in the case.  Ilya Shapiro (with whom I... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3581595 Wed, 19 May 2010 18:17:32 +0100 3581595 http://www.medworm.com/index.php?rid=3552224&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FBv23ItJ9-p8%2F By Ilya ShapiroAs I’ve been re-reading Supreme Court nominee Elena Kagan’s publications — of which there are surprisingly few for someone of her achievements and reputation — I’ve had half an eye on the TV punditry.  It seems that the leading critique from both the right (e.g., Fox News, Senator Jon Kyl — who’s usually excellent on these things) and extreme left (e.g., Jane Hamsher) is that Kagan doesn’t have judicial experience.  This just completely misses the point.  As a solicitor general (the “Tenth Justice”) and former dean of Harvard Law — where she did a magnificent job and gained the respect of scholars from across the political spectrum — not to mention senior roles in the Clinton White House, teaching ... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3552224 Mon, 10 May 2010 19:29:27 +0100 3552224 http://www.medworm.com/index.php?rid=3508446&cid=t_113037_150_f&fid=35777&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FPharmalot%2F%7E3%2F5kplgLzalRM%2F Back in 2002, Orphan Medical obtained FDA approval to market its Xyrem drug to treat cataplexy, which is a sudden loss of muscle tone associated with narcolepsy, although docs soon began prescribing the med to treat other conditions. And Alfred Caronia, a former Orphan sales exec, was convicted three years later of encouraging docs to engage in off-label usage. However, the Washington Legal Foundation, which has long been active in championing off-label promotion as a form of commercial free speech, has filed a brief urging the US Court of Appeals for the Second Circuit to overturn Caronia’s conviction on the grounds that the “First Amendment broadly protects the right of individuals to speak truthfully about off-label uses of FDA-approved products, even in a commercial contex... Pharmalot blogs http://www.medworm.com/rss/comments.php?id=3508446 Tue, 27 Apr 2010 13:36:01 +0100 3508446 http://www.medworm.com/index.php?rid=3487035&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2F6aPUFQFeJbg%2F By Ilya ShapiroAs expected from the oral argument in U.S. v. Stevens last fall – when Justice Alito was alone in expressing some support for the government’s position – the Court on Tuesday upheld the First Amendment by declining to add a category of unprotected speech. This was not, after all, a case about the “human sacrifice channel” or Michael Vick’s greatest dog fights. Indeed, cruelty to animals should be and is punished everywhere in the country. Instead, at issue here was a broadly drawn “depiction of animal cruelty” statute that could have ensnared Spanish tourism brochures or hunting instructional videos. More fundamentally, the Court rightly rejected the government’s proposed weighing of the “value” of speech agai... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3487035 Tue, 20 Apr 2010 16:25:51 +0100 3487035 http://www.medworm.com/index.php?rid=3487040&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2Ft-LG2mluQe0%2F By Ilya ShapiroA northern Texas school district attempted to banish all religious expression from its schools by prohibiting virtually all non-verbal student speech in any school-related context.  Officials used this broad policy to promote an anti-religious orthodoxy and root out any and all religious speech. The Supreme Court made clear, however, in its seminal school speech case, Tinker v. Des Moines Independent Community School District, that students enjoy First Amendment rights, and that core political and religious speech cannot be suppressed without showing that the speech will “materially and substantially disrupt” the educational process. Here, the Fifth Circuit upheld all of the district’s regulations and found that Tinker did not supply the relevant legal standar... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3487040 Mon, 19 Apr 2010 19:11:33 +0100 3487040 http://www.medworm.com/index.php?rid=3456669&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FnkONjUE--qc%2F By Timothy B. LeeI’m saddened to hear of the retirement of Justice John Paul Stevens. Whatever you might say about his jurisprudence in other areas, one place where Justice Stevens really shined was in his defense of high-tech freedom. Justice Stevens wrote the majority opinion in some of the most important high-tech cases of the last four decades. In other cases, he wrote important (and in some cases prescient) dissents. Through it all, he was a consistent voice for freedom of expression and the freedom to innovate. His accomplishments include: Free speech: Justice Stevens wrote the majority decision in ACLU v. Reno, the decision that struck down the infamous Communications Decency Act and clearly established that the First Amendment applies to the Internet. In the 13 years since t... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3456669 Fri, 09 Apr 2010 20:57:19 +0100 3456669 http://www.medworm.com/index.php?rid=3411093&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FEtMQjrQlTKs%2F By Roger PilonThis post was co-authored with John Samples. Another good day for free speech, and a bad day for campaign finance zealots. Following on the heels of the Supreme Court’s stunning decision two months ago in Citizens United v. Federal Election Commission, and applying that holding, all nine active judges on the D.C. Circuit Court of Appeals ruled unanimously today that government restrictions on the right of citizens to pool their money for independent political ads are unconstitutional. Individuals have long been able to spend unlimited funds on independent political ads. But if two or more people joined together and pooled their money for the same thing, they were considered a “political committee” and were subject to numerous burdensome regulations, including limits on ... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3411093 Fri, 26 Mar 2010 18:24:02 +0100 3411093 http://www.medworm.com/index.php?rid=3395111&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FvGl1dTTGmxk%2F By Ilya ShapiroArizona grants income tax credits for contributions made to school tuition organizations (“STO”).  These STOs must these donations for scholarships that allow students to attend private schools.  This statutory scheme broadens the educational opportunities for thousands of students by enabling them to attend schools they would otherwise lack the means to attend.  The Ninth Circuit held that the tax credit program violated the Establishment Clause because many of the STOs — as it happens, a decreasing majority — provide scholarships for students to attend parochial schools.  Counsel for the defendants, including the Institute for Justice, asked the Supreme Court to review the case — and indeed to summarily reverse the Ninth Circuit, based in part on ... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3395111 Mon, 22 Mar 2010 20:17:18 +0100 3395111 http://www.medworm.com/index.php?rid=3382801&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2F9982If77svc%2F By John SamplesLawrence Lessig has proposed a constitutional amendment in response to the U.S. Supreme Court’s decision in Citizens United.  It reads: “Nothing in this Constitution shall be construed to restrict the power to limit, though not to ban, campaign expenditures of non-citizens of the United States during the last 60 days before an election.” In Citizens United, the Court said that the First Amendment concerns speech rather than speakers. Congress has no power to discriminate against speakers; hence, a source of speech – people organized as a corporation – could not be prohibited from speaking (or funding speech). Professor Lessig hopes to introduce a discrimination among speakers into the First Amendment. His proposed discrimination will not ... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3382801 Thu, 18 Mar 2010 20:31:47 +0100 3382801 http://www.medworm.com/index.php?rid=3370390&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2Fpt1aCcLKyHM%2F By Michael F. Cannon…are we under any obligation to obey it?  The answer may be no. Democrats are considering a scheme that would “deem” the Senate health care bill to have passed the House if a separate event occurs (specifically: House passage of a budget reconciliation bill).  That strategy has been named after its contriver, House Rules Committee chair Louise Slaughter (D-NY).  House Speaker Nancy Pelosi (D-CA) says of this scheme: “I like it because people don’t have to vote on the Senate bill” (emphasis added). Not so fast, says former federal circuit court judge Michael McConnell in The Wall Street Journal: Under Article I, Section 7, passage of one bill cannot be deemed to be enactment of another. The Slaughter solution attempts to allow the H... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3370390 Tue, 16 Mar 2010 15:10:48 +0100 3370390 http://www.medworm.com/index.php?rid=3342637&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2F5nCD20hVZjk%2F By Ilya ShapiroUnder Washington’s constitution, a popular vote must be ordered on any bill passed by the legislature if a specified percentage of state voters sign a petition for a referendum. Washington’s Public Records Act makes public records, including such referendum petitions, available for public inspection. In 2009, opponents of same-sex marriage used the referendum procedure to attempt to reverse a state law which expands the rights of state-registered domestic partners. Proponents of the law sought access to the petition and two of the petition signers sought a preliminary injunction to prevent disclosure of their personal information, arguing that the PRA violates their right to speak anonymously. The Ninth Circuit Court of Appeals held that the right to access trump... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3342637 Mon, 08 Mar 2010 13:37:10 +0100 3342637 http://www.medworm.com/index.php?rid=3322341&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FiVLwEQO_B2Y%2F By David BoazIn this NPR story Nina Totenberg gives both sides their say.  But twice she refers to the people advocating Second Amendment rights as “gun advocates” (and once as “gun rights advocates”). That’s not the language NPR uses in other such cases. In 415 NPR stories on abortion, I found only one reference to “abortion advocates,” in 2005. There are far more references, hundreds more, to “abortion rights,” “reproductive rights,” and “women’s rights.” And certainly abortion-rights advocates would insist that they are not “abortion advocates,” they are advocates for the right of women to choose whether or not to have an abortion. NPR grants them the respect of characterizing them the way t... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3322341 Tue, 02 Mar 2010 15:54:10 +0100 3322341 http://www.medworm.com/index.php?rid=3298300&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FcWy9DxwsWug%2F By Jim HarperThis Reason.tv video illustrates the weak case for network neutrality regulation of Internet service providers. In the AT&T case, which the video touches on, an AT&T web site blocked some (barely) controversial statements by Eddie Vedder—the Pearl Jam lead singer who stopped mattering a really long time ago. This was an error, and it was contrary to AT&T policy, according to this August 2007 story. Yet the example is one of a few used to argue for net neutrality regulations. Do we really want the government treading any of this ground? Most people would probably agree that web site operators should be free to publish or not publish whatever they want. Regulations barring web sites from editing out controversial political statements, or requiring them to broa... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3298300 Mon, 22 Feb 2010 20:40:03 +0100 3298300 http://www.medworm.com/index.php?rid=3283520&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FyKk76th22OY%2F By John SamplesA new poll from Washington Post/ABC News poll shows that most respondents oppose the recent Citizens United decision by the U.S. Supreme Court. Just over 70 percent of those polled want to reinstate the unconstitutional restrictions. The questions asked may be found here. Sean Parnell asks whether the wording of the questions in this poll drove the results. William McGinley shares Parnell’s concerns and suggests some alternative questions for future polling. I was not surprised by the result. Polls have long found that substantial majorities support something called “campaign finance reform.” Over two years ago, a poll found that 71 percent of Americans wanted to limit corporate and union spending on campaigns. 62 percent also supported limiting the amount of money a p... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3283520 Wed, 17 Feb 2010 18:15:41 +0100 3283520 http://www.medworm.com/index.php?rid=3239551&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FYgDEqrpv3mE%2F By Ilya ShapiroHastings College of the Law, a public law school in California, has a policy prohibiting discrimination on the basis of “race, color, religion, national origin, ancestry, disabilities, age, sex or sexual orientation.” In 2004, the Christian Legal Society, a religious student organization at the school, applied to become a “recognized student organization” — a designation that would have allowed CLS to receive a variety of benefits afforded to about 60 other Hastings groups. While all are welcome to attend CLS meetings, CLS’s charter requires that its officers and voting members abide by key tenets of the Christian faith and comport themselves in ways consistent with its fundamental mission, which includes a prohibition on “unrepentan... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3239551 Thu, 04 Feb 2010 13:40:19 +0100 3239551 http://www.medworm.com/index.php?rid=3235823&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FO83bixU3X2c%2F By Ilya ShapiroThe blogosphere has been abuzz on the heels of the Supreme Court’s landmark Citizens United opinion.  Hysteric criticisms of the speculative changes to our political landscape aside — including the President’s misstatements in the State of the Union — one of the most common and oft-repeated criticisms is that the Constitution does not protect corporations. Several “reform” groups have even drafted and circulated constitutional amendments to address this concern. This line of attack demonstrates a fundamental misunderstanding of both the nature of corporations and the freedoms protected by the Constitution, which is exemplified by the facile charge that “corporations aren’t human beings.” Well of course they aren’t — but that’s constitutionall... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3235823 Wed, 03 Feb 2010 00:45:23 +0100 3235823 http://www.medworm.com/index.php?rid=3204836&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FgvXoHyeZqkM%2F By Thomas FireyThe New York Times editorial board must be baffled by this news story about a few dozen present and former corporate executives appealing to Congress to expand public funding of political campaigns. The appeal comes one day after the Supreme Court re-extended (some) First Amendment rights to corporations in a move the editorial board branded a “blow to democracy” that will lead to corporations “overwhelm[ing] elections and intimidat[ing] elected officials.” But now some corporate executives want to be dispossessed of the keys to the kingdom immediately after SCOTUS returned them — say what? The executives’ appeal makes sense if you’ve read this article by law professor Robert Sitkoff (then of Northwestern, now the John L. Gray Profes... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3204836 Mon, 25 Jan 2010 15:59:53 +0100 3204836 http://www.medworm.com/index.php?rid=3204838&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FIQdrGUApn48%2F By John SamplesThe Citizens United decision and the talk that has followed imply two different and incompatible ideas of the Constitution. The majority in Citizens United believe that the U.S. Constitution establishes a government of limited and defined powers. They asked: “Does the Constitution give government the power to prohibit speech by corporations (and others)?” The First Amendment indicated the government did not have that power. The critics of the Citizens United decision assume the Constitution created a government of  plenary powers with limited exceptions. They recognize that free speech for individuals is one such exception. But that exception is limited to natural people, not legal constructs. If there is no exception to the plenary power of government, the critics conc... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3204838 Mon, 25 Jan 2010 15:29:22 +0100 3204838 http://www.medworm.com/index.php?rid=3200418&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2Frod6J8rjTXw%2F By Julian SanchezWell, no, because as my liberal friends all seem to be indignantly announcing in the aftermath of the Citizens United ruling, corporations aren’t really people! They’re creatures of statute, and “corporate personhood” is just a convenient legal fiction.  Which is fair enough, but also seems to miss the point rather spectacularly. As a practical matter, it is hard to imagine any constitutional liberty that could not be reduced to a hollow joke if we refused to count as an infringement any regulation that nominally targeted only the corporate mechanism for coordinating its exercise. Having dispensed with the repellent doctrine of corporate personhood, we can happily declare that journalists enjoy full freedom of the press … as long as they don&... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3200418 Fri, 22 Jan 2010 22:25:54 +0100 3200418 http://www.medworm.com/index.php?rid=3200419&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FNcsco-nZIUI%2F By Roger PilonPolitico Arena asked a second question today: Will Citizens United alter American campaigns and if so, how? My response: Will Citizens United alter American campaigns?  Probably — and for the good.  Corporations, unions, and their officers will no longer fear criminal prosecution if they run afoul of inscrutable prohibitions on independent political campaign expenditures that not even FEC commissioners understand.  There will be more political speech as a result, and more perspectives on the issues of the day.  That speech will come from all sides — after all, George Soros and Rupert Murdoch are not likely to be saying the same things, and with restraints prior to elections now lifted, differences like those will doubtless be reflected in great variety i... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3200419 Fri, 22 Jan 2010 21:58:34 +0100 3200419 http://www.medworm.com/index.php?rid=3200421&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FJjqXzqg9NM4%2F By Ilya ShapiroYesterday, The Hill asked various pundits and politicos to respond to the Supreme Court’s Citizens United ruling.  The Big Question (as their periodic feature is called) was, “Will corporate money change campaigns?”  You can read my response here. Today, that same newspaper invited me to blog some further thoughts on the Citizens United decision.  Here’s what I wrote: Critics of yesterday’s decision say the sky of American democracy is falling.  Supporters—including myself—say it’s a great day for the republic and a vindication of the freedom of speech.  How can this be?  Are nonprofit think tanks and advocacy groups like my own Cato Institute, the ACLU, the NRA, and many other odd bedfellows who supported Citizens United all in the pock... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3200421 Fri, 22 Jan 2010 20:56:40 +0100 3200421 http://www.medworm.com/index.php?rid=3197606&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2F6FHHWixFLcc%2F By Timothy B. LeeAs several of my colleagues noted yesterday, the Supreme Court handed down its landmark decision in Citizens United v. FEC. While I regarded the decision as a victory for free speech, a large number of folks on the left — many of whom support free speech in other contexts — were aghast at the decision, arguing that it would vastly enhance the influence of large corporations in the political process. Part of my disagreement with these guys is that I’m just a free speech zealot. The First Amendment says “Congress shall make no law … abridging the freedom of speech,” and I don’t see how that language can be squared with a statute that limits the distribution of a political documentary. The best you can say, I think, is that limiting corporate... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3197606 Fri, 22 Jan 2010 13:31:39 +0100 3197606 http://www.medworm.com/index.php?rid=3197611&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2Fv_PjdAIck80%2F By Chris Moody The back story behind the Citizens United free speech case. (Or if you don’t have time to read about it, this short video clip explains it all.) RomneyCare: Obama’s OTHER Massachusetts problem. Tim Geithner’s lifelong love of bailouts. How substantial and meaningful change can be brought to Haiti. Podcast: “Supreme Court Affirms First Amendment” featuring John Samples. (Source: Cato-at-liberty) Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3197611 Thu, 21 Jan 2010 21:01:32 +0100 3197611 http://www.medworm.com/index.php?rid=3197612&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FIHjWO80UZx8%2F By Roger PilonAt Politico Arena, today’s focus is on the Court and campaign finance. My comment: The ink is barely dry on today’s Citizens United opinion, and the hysteria has already begun.  Set aside the misunderstandings we’re seeing in some of the comments here at the Arena — corporations still cannot, for example, contribute directly to campaigns — even some of those who understand the law and this decision would have us believe that the world as we know it is coming to an end.  Thus, the inimitable Rick Hasen, whose knowledge of these issues is second to none, tells us that “today’s Supreme Court opinion marks a very bad day for American democracy.”  And attorneys at NYU’s Brennan Center, which made its reputation promoting... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3197612 Thu, 21 Jan 2010 20:40:03 +0100 3197612 http://www.medworm.com/index.php?rid=3193692&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2F_TO11YwTO6I%2F By Ilya ShapiroToday the Supreme Court struck a major blow for free speech by correctly holding that government cannot try to “level the political playing field” by banning corporations from making independent campaign expenditures on films, books, or even campaign signs. As Justice Kennedy said in announcing the opinion, “if the First Amendment has any force, it prohibits jailing citizens for engaging in political speech.” While the Court has long upheld campaign finance regulations as a way to prevent corruption in elections, it has also repeated that equalizing speech is never a valid government interest. After all, to make campaign spending equal, the government would have to prevent some people or groups from spending less than they wished. That is directly con... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3193692 Thu, 21 Jan 2010 15:29:51 +0100 3193692 http://www.medworm.com/index.php?rid=3067019&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FQ33-cPFMQ3E%2F By Ilya ShapiroMy friend and former law firm colleague Mark Sigmon — who co-authored Cato’s brief in the New Haven firefighters case — is representing a man facing daily fines for displaying a large political message on his house. David Bowden was upset about the way he had been treated by the town of Cary, NC, regarding damage to his property during a road-widening project.  This past July, Bowden hired someone to paint “Screwed By The Town of Cary” on the front of his house.  A few weeks ago, the town gave Bowden seven days to remove the sign or face daily fines — $100 for the first day, $250 for the second, $500 for each subsequent day – for violating a local sign ordinance. That’s when Mark, who’s affiliated with the ACL... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3067019 Mon, 07 Dec 2009 20:02:50 +0100 3067019 http://www.medworm.com/index.php?rid=2984776&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FpHee0vkd438%2F A high school newspaper in Manhattan recently added a new and prestigious editor to its staff: Supreme Court Justice Anthony Kennedy.  Adam Liptak of the New York Times reports: It turns out that Justice Anthony M. Kennedy, widely regarded as one of the court’s most vigilant defenders of First Amendment values, had provided the newspaper, The Daltonian, with a lesson about journalistic independence. Justice Kennedy’s office had insisted on approving any article about a talk he gave to an assembly of Dalton high school students on Oct. 28. Kathleen Arberg, the court’s public information officer, said Justice Kennedy’s office had made the request to make sure the quotations attributed to him were accurate. The justice’s office received a draft of the proposed article on Monday and... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=2984776 Wed, 11 Nov 2009 23:30:28 +0100 2984776 http://www.medworm.com/index.php?rid=2973908&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FhyiiIStODJc%2F School officials denied student Pete Palmer the right to wear a shirt supporting John Edwards’s presidential campaign at his Dallas-area high school. They cited the district’s dress code, which prohibited messages on student clothing except for those that supported school activities or district-approved organizations, clubs or teams. The U.S. Court of Appeals for the Fifth Circuit agreed with the school district that this was a reasonable “time, place and manner” speech restriction. Applying the test from United States v. O’Brien, the court found that the dress code was content- and viewpoint-neutral, and served an important governmental purpose. Palmer now seeks Supreme Court review, citing seemingly contradictory precedents from the Second and Third Circuits... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=2973908 Mon, 09 Nov 2009 13:43:37 +0100 2973908 http://www.medworm.com/index.php?rid=2958819&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FiElC8kbJDPs%2F Stuart Taylor has a very good article this week about the Obama administration, international law, and free speech.  This excerpt begins with a quote from Harold Koh, Obama’s top lawyer at the State Department: “Our exceptional free-speech tradition can cause problems abroad, as, for example, may occur when hate speech is disseminated over the Internet.” The Supreme Court, suggested Koh — then a professor at Yale Law School — “can moderate these conflicts by applying more consistently the transnationalist approach to judicial interpretation” that he espouses. Translation: Transnational law may sometimes trump the established interpretation of the First Amendment. This is the clear meaning of Koh’s writings, although he implied otherwise duri... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=2958819 Tue, 03 Nov 2009 21:42:40 +0100 2958819 http://www.medworm.com/index.php?rid=2939274&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FmHspvR8s3dw%2F Last night I spoke at “The Little Idea,” a mini-lecture series launched in New York by Ari Melber of The Nation and now starting up here in D.C., on the incredibly civilized premise that, instead of some interminable panel that culminates in a series of audience monologues-disguised-as-questions, it’s much more appealing to have a speaker give a ten-minute spiel, sort of as a prompt for discussion, and then chat with the crowd over drinks. I’d sketched out a rather longer version of my remarks in advance just to make sure I had my main ideas clear, and so I’ll post them here, as a sort of preview of a rather longer and more formal paper on 21st century surveillance and privacy that I’m working on. Since ten-minute talks don’t accommodate footnotes ... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=2939274 Wed, 28 Oct 2009 22:07:10 +0100 2939274 http://www.medworm.com/index.php?rid=2865635&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FrSburYu4ogE%2F Following up on David’s post about the Stevens “depictions of animal cruelty” case, my takeaway from this morning’s argument is that there’s not a single vote to uphold the law.  The closest the government came to sympathy for its position came when Chief Justice Roberts wondered whether, if a narrower statute proscribing the “crush videos” that were the ostensible target of this legislation, the Court might uphold this broad statute on its face but also welcome many as-applied challenges in instances of prosecutorial overreach.  (For a pithy discussion of facial versus as-applied challenges, noting that the Court generally favors facial attacks in First Amendment cases, see Roger Pilon’s foreword to this year’s Cato Supreme Court Re... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=2865635 Tue, 06 Oct 2009 17:42:57 +0100 2865635 http://www.medworm.com/index.php?rid=2865639&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FLpb_NiJ7P3o%2F In 2005, political opponents filed a complaint against the Independence Institute for not complying with the Colorado constitution and other campaign finance regulations when it spoke against a state ballot initiative. These regulations require, among other things, disclosure of the identity of anyone who has donated more than $20 to a cause and imposes registration and contribution limits on groups who have major interests in ballot issues. The Independence Institute challenged the constitutionality of Colorado’s state ballot issue requirements and the issue is petitioning the Supreme Court for certiorari in Independence Institute v. Buescher. Cato has filed an amicus brief, in cooperation with Wyoming Liberty Group, the Center for Competitive Politics, the Sam Adams Alliance, the Monta... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=2865639 Tue, 06 Oct 2009 15:40:46 +0100 2865639 http://www.medworm.com/index.php?rid=2865640&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FPPtL62VKEq0%2F The Supreme Court today is considering the case of United States v. Stevens, a challenge to a 1999 federal law outlawing depictions of animal cruelty. The government says that such depictions are “unprotected” speech. Many First Amendment advocates and news organizations are supporting the challenge to the law. It seems an easy enough case to decide, given the plain language of the First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, except in the case of depictions of animal cruelty. Right? For a more substantive discussion of the issues in United States vs. Stevens, see the Cato Institute’s amicus curiae brief. (Source: Cato-at-liberty) Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=2865640 Tue, 06 Oct 2009 13:49:35 +0100 2865640 http://www.medworm.com/index.php?rid=2865641&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FqKJtIi6Cw_w%2F Lovers of free speech should feel their stomachs turn when they look at the actions of the Federal Trade Commission and Federal Communications Commission these days. Not that they took a sharp turn with the Obama administration, or with the chairmanships of Jon Leibowitz or Jules Genachowski. These are run-of-the-mill bureaucracies, constantly reaching for new powers, nevermind even constitutional limits on the federal government’s authority. Item 1: Blogger, You’re an Advertiser Now Via the L.A. Times blog, the FTC issued a guidance document yesterday requiring bloggers who write testimonials about products to disclose large gifts or payments, or they will run afoul of the FTC’s regulations on advertising. Is that the right thing to do? Yep. Is that an appropriate thing to r... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=2865641 Tue, 06 Oct 2009 13:20:13 +0100 2865641 http://www.medworm.com/index.php?rid=2828182&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FjJGQste2RS8%2F I assume others have pointed this out already, but there’s something very odd about a Tuesday editorial in The New York Times arguing that campaign finance regulations that stifle the political speech of corporations must be upheld in the Citizens United case currently under consideration before the Supreme Court: The question at the heart of one of the biggest Supreme Court cases this year is simple: What constitutional rights should corporations have? To us, as well as many legal scholars, former justices and, indeed, drafters of the Constitution, the answer is that their rights should be quite limited — far less than those of people. In that case, surely it’s time to revisit some of the 20th century’s seminal free speech rulings. The idea that public figures cannot u... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=2828182 Thu, 24 Sep 2009 14:42:43 +0100 2828182 http://www.medworm.com/index.php?rid=2809662&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FYN8MwjrmY-s%2F Nat Hentoff has a few tough questions for doctors who aided CIA torture. Is public option a private insurer killer? Larry McNeely and Michael Cannon debate. “Cap-and-Trade Is Dead. Long Live Cap-and-Trade!” Fed Chairman Ben Bernanke says the recession is probably over. But was he the man who saved the economy? Podcast: Should the government have the power to punish you for speaking your mind? Many Americans think it should…so long as it’s people with whom they don’t agree. (Source: Cato-at-liberty) Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=2809662 Fri, 18 Sep 2009 20:37:30 +0100 2809662 http://www.medworm.com/index.php?rid=2782012&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FH6_9KADeCQ4%2F I (and several colleagues) have blogged before about Citizens United v. Federal Election Commission, the latest campaign finance case, which was argued this morning at the Supreme Court.  The case is about much more than whether a corporation can release a movie about a political candidate during an election campaign.  Indeed, it goes to the very heart of the First Amendment, which was specifically created to protect political speech—the kind most in danger of being censored by politicians looking to limit the appeal of threatening candidates and ideas. After all, hard-hitting political speech is something the First Amendment’s authors experienced firsthand.  They knew very well what they were doing in choosing free and vigorous debate over government-filtered pablum.  Moreove... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=2782012 Wed, 09 Sep 2009 21:15:01 +0100 2782012 http://www.medworm.com/index.php?rid=2774609&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FnYufE6O6ARI%2F My old friend E. J. Dionne of the Washington Post writes that the Citizens United v. FEC rehearing on Wednesday is “A Test Case for Roberts.” Because, you see, Chief Justice John Roberts said in his confirmation hearings that “it is a jolt to the legal system when you overrule a precedent. Precedent plays an important role in promoting stability and evenhandedness. It is not enough — and the court has emphasized this on several occasions — it is not enough that you may think the prior decision was wrongly decided.” Dionne says that if Roberts and the Court overturn the precedents that seem to point to banning a movie with a political agenda because it was produced by a nonprofit corporation, “he will unleash havoc in our political system and great... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=2774609 Tue, 08 Sep 2009 14:50:58 +0100 2774609 http://www.medworm.com/index.php?rid=2774611&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FdF9F9UkzdbI%2F The U.S. Supreme Court hears arguments this week in Citizens United v. Federal Election Commission.  The case features the Federal Election Commission ruling that for the group Citizens United to run its documentary on Hillary Clinton would violate McCain-Feingold.  The decision was a constitutional travesty, since this is precisely the sort of political speech that constitutes the core of the First Amendment. Theodore B. Olson has given us a taste in the Wall Street Journal of the argument that he will be making before the Court tomorrow: The idea that corporate and union speech is somehow inherently corrupting is nonsense. Most corporations are small businesses, and they have every right to speak out when a candidate threatens the welfare of their employees or shareholders. Time a... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=2774611 Tue, 08 Sep 2009 13:55:23 +0100 2774611 http://www.medworm.com/index.php?rid=2727409&cid=t_113037_150_f&fid=34889&url=http%3A%2F%2Fpharmamkting.blogspot.com%2F2009%2F08%2Fpharma-freedom-of-speech-and-ad.html "Freedom of Speech" is a "right" that many commercial entities claim when defending advertising practices. The pharmaceutical industry, for example, has cited their first amendment rights when defending direct-to-consumer advertising (DTCA) from Congressional foes who wish to limit or ban DTCA altogether.However, it is common practice for individual pharmaceutical companies to limit the first amendment rights of agencies that create DTC and other ads for them. They do this by requiring agencies to sign non-disclosure and work-for-hire agreements before they are hired as an agency of record. Practically all corporations do this, not just drug companies. Corporations are not democracies except when it suits them.Click on image to enlarge and read.Recently, the issue of limiting the rights of... Pharma Marketing Blog blogs http://www.medworm.com/rss/comments.php?id=2727409 Mon, 24 Aug 2009 11:20:00 +0100 2727409 http://www.medworm.com/index.php?rid=2685336&cid=t_113037_133_f&fid=35452&url=http%3A%2F%2Fwww.graphictruth.com%2F2009%2F08%2Ffree-speech-and-its-consequences.html Of late, I've been noting the bury brigades over on digg and the #tcot twits twittering; in those abrupt contexts, a rather pervasive misunderstanding of the First Amendment is often painfully illustrated.The view is that a person has the right to say whatever they like about anyone with the presumption that there should be no consequence for that speech, legal or otherwise, if you are a REAL American. Of course, if you are NOT a "Real American," a substantially different standard applies, and on occasion tips over into direct threats of violence.This even extends to those who will passionately assert things that are completely, obviously and provably untrue; these folk seem to be genuinely offended that their words are not given equal weight to those who advocate positions ballasted with... Graphictruth blogs http://www.medworm.com/rss/comments.php?id=2685336 Sun, 09 Aug 2009 16:57:00 +0100 2685336 http://www.medworm.com/index.php?rid=2667399&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FQTAYu_EFm5k%2F At the March 24 argument in Citizens United v. Federal Election Commission, the U.S. government argued that Section 203 of the Bipartisan Campaign Reform Act of 2002 (otherwise known as McCain-Feingold) permits the FEC to ban corporations, including ideological nonprofits like Citizens United, from making independent expenditures on films, books, or even “a sign held up in Lafayette Park.”  The jurisprudential justification for this extraordinary and shockingly expansive view of the government’s power to suppress political speech traces to the Supreme Court’s 1990 decision in Austin v. Michigan Chamber of Commerce.  In Austin, the Court held that Michigan had a compelling state interest in banning political speech funded with wealth accumulated using the corporate form.  Though ... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=2667399 Mon, 03 Aug 2009 16:43:45 +0100 2667399 http://www.medworm.com/index.php?rid=2630047&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FIBK96jTDjOc%2F The First Amendment guarantees our freedom to petition the government, which is one of the reasons why the statists who wants to restrict or even ban lobbying hopefully will not succeed. But that does not mean all lobbying is created equal. If a bunch of small business owners get together to lobby against higher taxes, that is a noble endeavor. If the same group of people get together and lobby for special handouts, by contrast, they are being despicable. And if they get a bailout from the government and use that money to mooch for more handouts, they deserve a reserved seat in a very hot place. This is not just a hypothetical exercise. The Hill reports on the combined $20 million lobbying budget of some of the companies that stuck their snouts in the public trough: Auto companies and eigh... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=2630047 Wed, 22 Jul 2009 21:37:15 +0100 2630047 http://www.medworm.com/index.php?rid=2561215&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FG6UeB8BUL3c%2F As I mentioned yesterday, the U.S. Supreme Court surprised many people by ordering a reargument in the case of Citizens United v. Federal Election Commission. Specifically, the Court called for the parties to the case to address the question of overruling Austin v. Michigan Chamber of Commerce. The Court decided Austin v. Michigan Chamber of Commerce in 1989.  The state of Michigan had prohibited corporations from spending money on electoral speech. In the case in question, the Chamber of Commerce wished to pay for an advertisement backing a candidate for the House of Representatives. The Chamber took this action on its own and not in tandem with the candidate or his party.  Paying for the ad was a felony under Michigan law. A majority of the Court in 1989 said the Michigan law did not v... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=2561215 Tue, 30 Jun 2009 18:22:12 +0100 2561215 http://www.medworm.com/index.php?rid=2389657&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FVg1FVpo4Nqs%2F Judge Sonia Sotomayor of the 2nd Circuit Court of Appeals has been mentioned as a possible Supreme Court nominee.  She also has been caught on tape explaining her view of a judge’s role.  Reports the Washington Post: As White House press secretary Robert Gibbs put it, Obama is looking for “somebody who understands how being a judge affects Americans’ everyday lives.” Congressional conservatives have reacted anxiously to that qualification, fearing that it means a nominee who is more interested in making the law than in interpreting it. One possible candidate for the seat, Judge Sonia Sotomayor of the U.S. Court of Appeals for the 2nd Circuit, appeared to walk close to that line in a video that emerged yesterday. Sotomayor would be the first Latino and the third... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=2389657 Wed, 06 May 2009 12:56:59 +0100 2389657 http://www.medworm.com/index.php?rid=2389673&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FObZ8YmPEcuQ%2F The so-called Citizens United case offers the Supreme Court a chance to severely curtail the free speech abuses of the Federal Election Commission. John Samples, Director of the Cato Institute’s Center for Representative Government, Institute for Justice Senior Attorney Steve Simpson and George Mason University law professor Allison Hayward weigh in. You can subscribe to Cato’s YouTube videos here and our Weekly Video podcast here. (Source: Cato-at-liberty) Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=2389673 Mon, 04 May 2009 16:27:00 +0100 2389673 http://www.medworm.com/index.php?rid=2382259&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FtCqCw6PpCJE%2F In January, Justice Antonin Scalia made some remarks about privacy at the Institute of American and Talmudic Law. The AP reported: Scalia said he was largely untroubled by such Internet tracking. “I don’t find that particularly offensive,” he said. “I don’t find it a secret what I buy, unless it’s shameful.” He added there’s some information that’s private, “but it doesn’t include what groceries I buy.” In response to this commonsensical provocation, Fordham University law professor Joel Reidenberg had his class compile a 15-page dossier on Scalia, “including his home address, the value of his home, his home phone number, the movies he likes, his food preferences, his wife’s personal e-mail address, and &#8... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=2382259 Fri, 01 May 2009 16:21:11 +0100 2382259 http://www.medworm.com/index.php?rid=2375858&cid=t_113037_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FqBZdgwppqZE%2F New Hampshire passed a law prohibiting the transfer of doctors’ prescription history to facilitate drug companies’ one-on-one marketing — a practice known as “detailing” — because it believes detailing drives up brand-name drug sales and, in turn, health care costs.  The state knew that the First Amendment prevented it from banning detailing itself, so it made the practice more difficult indirectly.  Yet data collection and transfer is protected speech — think academic research, or the phone book — and government efforts to regulate this type of speech also runs afoul of the First Amendment.  See, e.g., Solveig Singleton, “Privacy as Censorship: A Skeptical View of Proposals to Regulate Privacy in the Private Sector” (Cato Institute Policy Ana... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=2375858 Tue, 28 Apr 2009 15:03:39 +0100 2375858 http://www.medworm.com/index.php?rid=2223290&cid=t_113037_109_f&fid=36089&url=http%3A%2F%2Fthesituationist.wordpress.com%2F2009%2F02%2F27%2Fthe-situation-of-hate-speech-abstract%2F Julie Seaman recently posted her terrific paper, entitled “Hate Speech and Identity Politics: A Situationalist Proposal,” (36 Florida S.U. L. Rev., Vol. 99 (2008)) on SSRN. Here’s the abstract. * * * The scholarly debate over hate speech regulation has often been characterized as a clash of absolutes, an irreconcilable conflict between the values of free speech and equality. In this Essay, which focuses on the college and university context, I consider whether the findings of social and cognitive psychology research might have the potential to shift the hate speech debate such that some areas of common ground come into view. Relying on insights from the substantial body of research that demonstrates that individual behavior is strongly influenced (often unconsciously) by... The Situationist blogs http://www.medworm.com/rss/comments.php?id=2223290 Fri, 27 Feb 2009 04:01:33 +0100 2223290 http://www.medworm.com/index.php?rid=1393903&cid=t_113037_150_f&fid=35777&url=http%3A%2F%2Ffeeds.feedburner.com%2F%7Er%2FPharmalot%2F%7E3%2F276146279%2F The heated controversy over links between autism and vaccines took a strange twist this past month when a high-profile plaintiffs’ attorney subpoeaned a blogger, who regularly questioned the connection between the malady and the products. Why did Cliff Shoemaker take that step? Speculation centers on a post by Kathleen Seidel on her neurodiversity blog showing the fees earned by plaintiffs’ lawyers - particularly Shoemaker - from the vaccine litigation. Apparently, there was never any indication Seidel had any direct or indirect involvement in a case, which is being handled by Shoemaker, that alleges mercury used in the vaccine caused a plaintiff’s autism. Nonetheless, as the Legal Blog Watch notes, Shoemaker’s subpoena sought a sweeping amount of info and documents... Pharmalot blogs http://www.medworm.com/rss/comments.php?id=1393903 Wed, 23 Apr 2008 13:03:50 +0100 1393903 http://www.medworm.com/index.php?rid=765752&cid=t_113037_133_f&fid=35452&url=http%3A%2F%2Fwww.graphictruth.com%2F2007%2F07%2Fdont-fire-until-you-see-color-of-their.html Free speech violated, man says :: News :: Post-TribuneApparently the anti-freedom forces are alive and well, while nothing has happened about Mitt Romney’s campaign impersonating police officers, it’s apparently quite a challenge to hand out Ron Paul information. Even after clearing that it’s legal to pass out information in a public park, Joel Ferguson was threatened by police for passing out political information in Hammond recently. The first time, the police claimed the park was private property, and he had no rights, so Joel went and contacted the city attorney, who said that it was public property. Even after that Joel has been threatened by the police (and if you think some thug with a gun threatening you isn’t frightening, good for you), who have reportedly said “She’s ... Graphictruth blogs http://www.medworm.com/rss/comments.php?id=765752 Mon, 30 Jul 2007 04:00:00 +0100 765752 http://www.medworm.com/index.php?rid=755634&cid=t_113037_133_f&fid=35452&url=http%3A%2F%2Fwww.graphictruth.com%2F2007%2F07%2Fso-many-amendments-so-little-concern.html UPDATE: We have video! (Courtesy of OwellianNation)You know, there should be some political blowback for this. The 74-year-old retired mathematician who is fighting Kensington officials over his right to sell buttons urging President Bush's impeachment was arrested yesterday at a farmers market and charged with trespassing.Alan McConnell, who had been selling his "Impeach Him" buttons at the Howard Avenue market for about a half-hour without a permit, lay down on the pavement after Montgomery County police asked him to come with them. After McConnell failed to respond to a request that he "please stand up," four officers each grabbed one of his limbs and carried him to the front seat of a squad car.Now, many have dismissed this as a non-issue from a common-sense viewpoint. These people wer... Graphictruth blogs http://www.medworm.com/rss/comments.php?id=755634 Tue, 24 Jul 2007 04:00:00 +0100 755634 http://www.medworm.com/index.php?rid=730399&cid=t_113037_107_f&fid=35762&url=http%3A%2F%2Ffeeds.feedburner.com%2F%7Er%2Fscienceblogs%2Fgrrlscientist%2F%7E3%2F133118793%2Fcockfighting_tests_first_amend.php tags: cockfighting, animal cruelty, First Amendment, free speech When I learned recently that my neighbors regularly engage in cockfighting and dog fighting (illegally, of course) I was thoroughly disgusted with them. But I learned just today that cockfighting is also streamed over the internet, which shouldn't be surprising to anyone who is familiar with the 'net, but nonetheless, I think it is absolutely disgusting and distressing, since it serves to underline the basic lack of compassion and empathy that some people have for animals in general, and for birds specifically. Read the rest of this post... | Read the comments on this post... (Source: Living the Scientific Life (Scientist, Interrupted)) Living the Scientific Life (Scientist, Interrupted) blogs http://www.medworm.com/rss/comments.php?id=730399 Thu, 12 Jul 2007 21:35:30 +0100 730399 http://www.medworm.com/index.php?rid=645033&cid=t_113037_133_f&fid=35452&url=http%3A%2F%2Fwww.graphictruth.com%2F2007%2F05%2Fcbs-fires-former-general-for-speaking.html MoveOn.org is supporting a petition drive to pressure CBS into re-hiring General John Batiste.While I think CBS should offer him his job back, I'm not at all certain that returning to work there is appropriate to a man of his stature and dignity. When CBS clearly was more reluctant to dispose of Don Imus for racist remarks than the General for speaking truth to power, CBS declared itself to be on the Bushite side of reality, and no longer worthy of the mantle or privileges of the Fifth Estate.There are far more worthy outlets for the General's words and I imagine that even now, many are making their wishes clear. He is of course, welcome here - but alas, I cannot pay him what he's worth. These days, military officers who understand their constitutional oaths are depressingly scarce - and l... Graphictruth blogs http://www.medworm.com/rss/comments.php?id=645033 Wed, 30 May 2007 04:00:00 +0100 645033 http://www.medworm.com/index.php?rid=551382&cid=t_113037_133_f&fid=35452&url=http%3A%2F%2Fwww.graphictruth.com%2F2007%2F04%2Fwhats-really-behind-stop-aclu-pizza.html ACLU - Real ID Pizza NightmareThe government and corporations are aggressively collecting information about your personal life and your habits. They want to track your purchases, your medical records, and even your relationships. The Bush Administration's policies, coupled with invasive new technologies, could eliminate your right to privacy completely. Please help us protect our privacy rights and prevent the Total Surveillance Society.Strangely - or perhaps not so strangely - Domino's Pizza is a major contributor to conservative campaigns, though I'm not sure if they specifically oppose the ACLU. Nonetheless, the choice of a pizza parlor being able to access your private info in order to see if they can or should sell you pizza is an all-too-possible future.With this ad, the ACLU points ... Graphictruth blogs http://www.medworm.com/rss/comments.php?id=551382 Fri, 06 Apr 2007 04:00:00 +0100 551382