LAW

FCC Threats and the Fog of War

The Government Cannot Be the Arbiter of Truth.

Right Approach to the Pro-Hamas Protests

Right Approach to the Pro-Hamas Protests

The First Amendment gives anti-Israel protesters the right to be immoral.  It gives them the right to lie and to reflect antisemitic bigotry. The First Amendment, though, also gives us the right, indeed the responsibility, to call out this immorality, mendacity, and do…

No, the 14th Amendment Can’t Disqualify Trump

No, the 14th Amendment Can’t Disqualify Trump

Interpreting this post-Civil War amendment as a general provision for disqualifying candidates who some people may believe participated in what they regard as an insurrection or rebellion—as distinguished from a protest or even a riot—would create yet another divisi…

The Self-Interest of Self-Regulation

The Self-Interest of Self-Regulation

Honest businessmen, who are well aware of the importance of customer goodwill, try to insure that their businesses are not harmed by the unscrupulous actions of others. Many of them have formed voluntary associations to provide self-regulation in their industries.

Who Regulates the Regulators?

Who Regulates the Regulators?

We need to go beyond the review-and-approval paradigm. The review-and-approval model is broken, and we should find better ways to manage risk and create safety.

What They Meant by Essential and Nonessential

What They Meant by Essential and Nonessential

The deployment of the terms essential and nonessential, however, has no precedent in our language. This is because of a view stemming from the democratic ethos and real-world commercial experience that everyone and everything is essential to everything else.

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