Federalism, Free Markets and Free Speech

Federalism, Free Markets and Free Speech

“As such, Citizens United v. FEC stands with District of Columbia v. Heller, the Second Amendment case decided in 2008, as an example of the Justices slapping the “originalist” label on a profoundly un-originalist interpretation of the Bill of Rights. It is...
Federalism, Free Markets and Free Speech

What Price Protest?

“In summary, the new DOA policy is susceptible to legal challenge on the grounds that it is a facially overbroad infringement upon the First Amendment rights of protestors. This is because, as written, the new policy can be applied in a way that allows the state to...
Federalism, Free Markets and Free Speech

Why the Permit Policies in the U.S. Capitol are Irrelevant

“At a recent forum to discuss the new DOA policy, one participant asked, if the U.S. Capitol Police can ban demonstrations altogether within their building, why can’t the Department of Administration impose restrictions in the State Capitol building that are something...
Federalism, Free Markets and Free Speech

Supreme Court Round Up Part One: McCutcheon v. FEC

“The Citizens United decision was absolutist in two ways. First, it expanded the universe of persons possessing First Amendment rights to spend money as a form of political speech, by construing the First Amendment to protect political speech by corporations for the...
Federalism, Free Markets and Free Speech

Supreme Court Round Up Part Three: Harris v. Quinn

“Any doctrine holding that individuals possess absolute rights of free speech and free religious expression under the First Amendment would make it impossible for the government to enforce compliance with the laws passed by our democratically elected representatives,...