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In their zeal to protect Democrat politicians, judges are destroying the progress made by their predecessors.

David Schizer’s introductory statement at a House hearing was appalling, deserving a failing grade in his school’s constitutional law course.

Something strange is happening in the legal academy, and we’re worried about it. On January 23, 2024, the progressive policy organization American Economic Liberties Project filed an amicus brief in the Supreme Court case NetChoice v. Paxton, in support of a Texas law prohibiting social media companies from moderating - “censoring” in the words of…

Posts about tulsi gabbard written by Mike Masnick and Techdirt

Posts about state actor written by Tim Cushing and Techdirt

Posts about philip hamburger written by Mike Masnick

Dennis Prager and his silly propaganda machine, PragerU, push out videos about how "facts don't care about your feelings&quot...

Mon, Feb 1st 2021 11:58am — Mike Masnick Another day, another completely ridiculous, wrong, and painful op-ed in a major newspaper that gets all of the details about Section 230 wrong. And this one is particularly ridiculous because its coming from a law professor. Professor Philip Hamburger wrote an op-ed for the WSJ that is so bad, so wrong, so clueless, that if I handed it in in one of his classes, Id deserve a failing grade. The only thing that this piece gets is that, while Id thought I...

Can a Marsh beat a Swamp? Yes, if the Supreme Court precedent in Marsh v. Alabama is applied by Congress, the court or state legislatures to save free speech on the Internet.    Marsh was the 1946 Supreme Court case which found that First Amendment protections for free speech can be applied to private sector actors in some circumstances. In the case, a company town owned by the Gulf Shipbuilding Corp. sought to bar free speech on its sidewalks, claiming that the First Amendment only proscr...