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TikTok v. Garland Oral Argument: Did TikTok Admit It Doesn’t Have First Amendment Rights?
2024 has been a big year for social media litigation. Social media companies have successfully...
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California's War on Satire and a Victory for the First Amendment
Information technology revolutions inevitably raise hard questions about the scope of the First Amendment’s free...
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May Nonprofits Endorse or Oppose Candidates?
For 70 years, the IRS has contended that the so-called Johnson Amendment proscribes any not-for-profit...
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Reestablishing Congressional Oversight of Federal Regulations
In July, the House Committee on Administration held a hearing examining whether Congress was prepared for the...
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Chevron in the States: Where Is Deference Still in Effect, and How Can States Eliminate It?
The next battles over administrative law will unfold in state capitols, state courts, and state...
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The NLRB’s “Laboratory Conditions” Are Overdue for Inspection
Just like campaigns for political office, union representation election campaigns are characterized by bombast, bloviation,...
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Let the Algorithm Speak?: Third Circuit Indicates in Anderson v. TikTok That the First Amendment and Section 230 are Inversely Related
Social media platforms sift user-generated content through a variety of algorithms, some of which collect...
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Florida and EPA Defend Clean Water Act Permit Program in the D.C. Circuit
In its report last month on The Biggest Enviro Cases To Watch In 2024, Law360 identified...
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Civil Rights Commission Publishes New Report on Disparities in Violent Crime Victimization
Recently, the U.S. Commission on Civil Rights published a report titled “Federal Efforts in Examining...
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The Comstock Act: Why Federal Mail-Order Abortion Rules Are the Next Abortion Battleground
Since the Supreme Court overruled Roe v. Wade in 2022, there has been debate about...