Politics, Moderate



Colorado's Anti-Discrimination Law Forces Artists to Echo the State's Message: A Website Designer Asks SCOTUS to Let Her Eschew Work That Contradicts Her Opposition to Gay Marriage

Politics, Moderate / Jacob Sullum /

Lorie Smith is a conservative Christian and a website designer who thinks she should be able to engage in her chosen occupation without compromising her moral beliefs. But that is illegal in Colorado, where Smith is forbidden to create websites for heterosexual weddings unless she is also willing to create websites for gay weddings.

The ...Read more

California's COVID-19 'Misinformation' Law Chills Constitutionally Protected Speech: The State Is Threatening to Punish Doctors Whose Advice Deviates From the 'Scientific Consensus'

Politics, Moderate / Jacob Sullum /

The New Civil Liberties Alliance, which Columbia University legal scholar Philip Hamburger founded in 2017, cheekily describes itself as "a civil libertarian alternative to the ACLU that actually cares about the rights in the Constitution." It therefore may seem surprising that two California chapters of the American Civil Liberties Union have ...Read more

California's Vaping Flavor Ban Could Be Lethal: By Making E-Cigarettes Less Appealing, It Will Discourage Smokers From Switching to a Much Less Hazardous Nicotine Habit

Politics, Moderate / Jacob Sullum /

The campaign for Proposition 31, a ballot initiative that Californians approved by a wide margin last week, urged voters to "protect kids from candy-flavored tobacco." That slogan packed an impressive amount of dishonesty into five words.

The initiative's main target was nicotine vaping products, which do not contain tobacco and were already ...Read more

A Judge Accepts the Biden Administration's Dubious Argument for Banning Gun Possession by Marijuana Users: Even People Who Use Cannabis for Medical Purposes Risk Severe Penalties for Daring to Exercise Their Second Amendment Rights

Politics, Moderate / Jacob Sullum /

President Joe Biden, who recently issued a mass pardon for low-level marijuana offenders, says cannabis consumption should not be treated as a crime. His administration nevertheless defends the federal ban on gun possession by marijuana users, arguing that Second Amendment rights are limited to "law-abiding citizens."

Last week, a federal judge...Read more

New Research Highlights the Limits of Abortion Bans: Out-of-State and Self-Managed Abortions Pose Daunting Challenges for Anti-Abortion Legislators

Politics, Moderate / Jacob Sullum /

Since the Supreme Court repudiated a constitutional right to abortion in June, 22 states have enacted or begun to enforce new limits on the procedure, including 13 strict bans. New research suggests that the consequences so far have been less dramatic than abortion-rights activists may have feared and anti-abortion activists may have hoped, ...Read more

Biden Mistakenly Imagines That Congress Approved His Student Debt Cancellation Scheme: The Lack of Statutory Authority Is the Main Issue Raised by Legal Challenges to the Plan

Politics, Moderate / Jacob Sullum /

President Joe Biden recently claimed his student loan forgiveness plan was authorized by "a law" that he "just signed" after Congress narrowly approved it. "It's passed," he said during a NowThis News panel discussion. "I got it passed by a vote or two."

In reality, the debt cancellation program was never approved by Congress, which is the main...Read more

New Jersey Joins New York in Defying the SCOTUS Decision Upholding the Right to Bear Arms: Legislators in Both States Favor Subjective Standards and Sweeping Restrictions for Carry Permits

Politics, Moderate / Jacob Sullum /

Most states respect the constitutional right to carry guns in public for self-defense, which the Supreme Court upheld in June. But some states are only pretending to comply with the Second Amendment, as illustrated by the law that New York passed after that decision and a similar bill that legislative leaders in New Jersey introduced last week. ...Read more

Biden's Support for Pot Prohibition Belies His Recognition of the Harm It Causes: Even as He Pardons Thousands of Marijuana Users, the President Stubbornly Resists Legalization

Politics, Moderate / Jacob Sullum /

"We have to hold every drug user accountable," Sen. Joe Biden declared in 1989, "because if there were no drug users, there would be no appetite for drugs, and there would be no market for them." The mass pardon for low-level marijuana offenders that the president announced last week suggests how far he has traveled since his years as a gung-ho ...Read more

Mocking the Police Is Not a Crime: A First Amendment Case Prompts The Onion to Explain How Parody Works

Politics, Moderate / Jacob Sullum /

In a Supreme Court brief it filed this week, The Onion claims it was founded in 1756 and has "a daily readership of 4.3 trillion." The brief describes The Onion as "the single most powerful and influential organization in human history," with interests in shipping, strip mining, deforestation and animal testing as well as journalism.

The case ...Read more

Trump's Declassification Claims Are Implausible and Irrelevant: The Potential Crimes That the FBI Is Investigating Do Not Hinge on the Current Classification Status of the Records That the Former President Kept at Mar-a-Lago

Politics, Moderate / Jacob Sullum /

A few weeks after the FBI searched former President Donald Trump's residence at his Palm Beach, Florida, resort, Fox News host Steve Doocy, a longtime ally of the former president, posed a question that remains unanswered. "Why did he have all that secret stuff at Mar-a-Lago?" Doocy wondered during an interview with South Dakota Gov. Kristi Noem...Read more

The Government Can't Fix Social Media Moderation and Should Not Try: Democrats and Republicans Both Demand Solutions That Are Inconsistent With the First Amendment

Politics, Moderate / Jacob Sullum /

Despite their increasingly bitter differences, Democrats and Republicans generally agree that content moderation by social media companies is haphazard at best. But while Democrats tend to think the main problem is too much speech of the wrong sort, Republicans complain that platforms like Facebook, Twitter and YouTube are biased against them.

...Read more

Biden's Sneaky Censors: Behind the Scenes, Federal Officials Pressure Social Media Platforms to Suppress Disfavored Speech

Politics, Moderate / Jacob Sullum /

"Tech platforms are notoriously opaque," the White House complained last week, saying Americans deserve to know more about how online forums decide "when and how to remove content from their sites." Yet the Biden administration, which routinely pressures social media companies to suppress speech it does not like, is hardly a model of ...Read more



Bill Bramhall Tom Stiglich Lisa Benson Dave Whamond Mike Smith Pedro X. Molina