I support the policy outcomes in both of the same-sex marriage cases before the Supreme Court. I believe that the Defense of Marriage Act was bad law that treated people differently for no good reason whatsoever, and I am glad to have seen it overturned in the Court's decision in Windsor. As law professor Randy …
Shelby County v. Holder: Ilya Shapiro’s Take
Probably the most sane analysis of the Supreme Court's holding that I have seen: In striking down Section 4 of the Voting Rights Act, the U.S. Supreme Court has restored a measure of constitutional order. Based on 40-year-old voting data that doesn’t reflect current political conditions, this provision subjected a seemingly random assortment of states and …
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Corporations and Other Business Entities Should Be Treated Like Natural Persons
Senators Jon Tester and Patty Murray are out to deprive corporations and corporate entities of constitutional rights. Eugene Volokh explains why this is an absolutely terrible idea. From his conclusion, discussing what would happen if the Tester-Murray amendment is adopted:. . . goodbye, First Amendment protection for the New York Times, CNN, the ACLU, the NRA, and …
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Facebook and the First Amendment
I am as much of a First Amendment absolutist as you will find, and I believe wholeheartedly in the notion that the best way to combat bad speech is with more speech. That's why it should surprise no one to find out that I am in favor of affording First Amendment protections to likes on …
No Good Deed Goes Unpunished
To wit:Benjamin Srigley saw several pit bulls attacking an 11-year-old boy, so he ran into his home, retrieved his handgun, ran back, and shot one of the dogs. A bicycle policeman arrived on the scene shortly thereafter and shot the other two dogs. Here comes the twist: This incident happened in Washington, D.C., and even though …