• Articles

    Can Fake News Be Regulated? [POLICYbrief]

    In 1898, that’s a long time ago, Spanish-American War was started by newspapers crying, “Remember the Maine!” The Maine was an American ship that exploded in Havana Harbor and the newspapers quickly, particularly the New York World, started pushing article saying, “We need to have a war with Spain over this. Remember the Maine, they blew it up.” That was utterly fake news. It wasn’t true and it led to a war. So, fake news is not a new thing. The First Amendment does not allow the government to regulate what companies or people, social media sites, or newspapers, or television stations, doesn’t give them the authority to tell them…

  • Money Out Of Politics | 28th Amendment
    Articles,  Blog

    Money Out Of Politics | 28th Amendment

    hello friends thank you very much for joining me again I’m sorry here in Washington DC where at the national citizens Leadership Conference find some friends make some friends get some connections it’s gonna be a good day you know meet some good people hello thank you very much for joining me I really do appreciate this first and foremost can you tell me and the people who are you my name is Terry Mandel hello my name is Mark Goldfarb I am a high school geometry teacher and living in Brooklyn New York even in Manhattan my name is Jeffrey Beeman I’m from Richmond California I’m the Ben and…

  • Frank v. Gaos [SCOTUSbrief]
    Articles,  Blog

    Frank v. Gaos [SCOTUSbrief]

    The case was originally brought by Pamela Gaos and a couple of other named plaintiffs. They objected to Google’s, uh, business model when it comes to internet searches. They filed the claim on behalf of themselves and 129 million Americans, about 40% of the American public. There was a second motion to dismiss pending when Gaos and Google came up with the current settlement that is the subject of the dispute. That settlement was approved over the objections of Ted Frank and Melissa Holyoak. Frank and Holyoak objected to the settlement agreement because the settlement agreement gives no money to the individual victims of the case who were allegedly hurt…

  • Free Speech & Off-Label Branding [POLICYbrief]
    Articles,  Blog

    Free Speech & Off-Label Branding [POLICYbrief]

    Off-label use is when a drug is fully FDA approved for safety and for a particular purpose, but it’s used or prescribed for a purpose or a patient population or a dosage that’s different from what the FDA approved. Pharmaceuticals are only approved for particular purposes. This is because the FDA requires all pharmaceuticals to be approved not just for safety, but also for efficacy. That means that to be approved by the FDA for a particular use, a drug or a medical device has to go through that 10-15 year approval process for each particular use that the pharmaceutical company wants to market it. Today about one in five…

  • Stoplight: The First Amendment Amendment | CitizenLink
    Articles,  Blog

    Stoplight: The First Amendment Amendment | CitizenLink

    Hi, I’m Stuart Shepard. This is Stoplight. You’re good so far. You have heard about a majority of Democrats in the Senate who are… ..What are you doing?? I’m the First Amendment Amendment Police. What is that!?! I’m here to make sure that you follow the amendment to the First Amendment. Oh — Well like I was saying, you may have heard about a majority of Democrats in the Senate who are backing an amendment to the First Amendment. Senate Majority Leader Harry Reid says campaign money is “Shady, Dark, Shadowy and Secret” “Free speech shouldn’t cost the American people a penny, a dime, certainly not a dollar” So, he…

  • Do Citizens Have a Right to Film Police Officers? [POLICYbrief]
    Articles,  Blog

    Do Citizens Have a Right to Film Police Officers? [POLICYbrief]

    Recording police officers really came to the forefront in the early ’90s with the Rodney King incident. And I think since then you’ve seen, uh, a lot more, uh, public discussion on, on the rights of people to film law enforcement. It’s about transparency. It’s about understanding what our, uh, public officials are doing. Especially public officials who carry with them the ability to use force, including deadly force, to execute and enforce the law. The right of a person to film law enforcement has become less controversial as it has become more understood. And I think the ubiquity of video cameras in society today, where literally everything is filmed…

  • Supreme Court Roundup: October Term 2018 [SCOTUSbrief]
    Articles,  Blog

    Supreme Court Roundup: October Term 2018 [SCOTUSbrief]

    This was an interesting term. Not as many blockbusters, necessarily, as-as in past years, but plenty to chew on, and there are individual videos about the-the biggest cases. I want to talk about three others that might get overlooked. Knick was the biggest property rights case of the term, probably the biggest property rights case in some time. Even though it was a procedural case, that is, it was about whether you have to first go to state court to bring your claim that the local government has taken your property in violation of the Fifth Amendment, or whether you can go straight to federal court. Rose Mary Knick said…

  • Freedom of the press: The First Amendment protections (1975) – with Antonin Scalia | ARCHIVES
    Articles,  Blog

    Freedom of the press: The First Amendment protections (1975) – with Antonin Scalia | ARCHIVES

    Announcer: From the nation’s capital, the American Enterprise Institute For Public Policy Research presents “Public Policy Forums”, a series of programs featuring the nation’s top authorities, presenting their differing views on the vital issues which confront us. The topic, “Freedom of the Press: The First Amendment Protections.” Should reporters be forced by the courts to reveal confidential sources of information? To what extent should the First Amendment protect the press from libel suits by private citizens? Now, here is Peter Hackes. Peter Hackes: In this bicentennial era as we reexamine some of the great principles on which this country is based, freedom of the press stands out as a cornerstone…

  • Universities and the First Amendment
    Articles,  Blog

    Universities and the First Amendment

    For our last panel of the day, I pleased to introduce Judge Thomas Hardiman of the Third Circuit Court of Appeals. Judge Hardiman received his BA from Notre Dame and his JD from Georgetown University of Law Center. He served in private practice before being appointed to the Western District of Pennsylvania in 2003 by President George W. Bush. In 2007, he was appointed to the Third Circuit. So, please join me in welcoming Judge Hardiman. Thank you for having me. It’s a great pleasure to be here. And thank you to the Columbia Chapter. This is the biggest lecture hall I’ve ever been in, I think. It’s full, so…

  • Banquet Dinner Keynote: Prof. Richard Epstein
    Articles,  Blog

    Banquet Dinner Keynote: Prof. Richard Epstein

    (light playful music) Thanks very much, Gene, and it’s a pleasure to have you all in the Big Apple, and this has been a really great weekend. It’s been a year in the making. And what better way to cap it all off than with our banquet speaker, Professor Richard Epstein. Professor Epstein. (audience applause) After this weekend, I don’t think I need to really introduce Professor Epstein. He has been a constant presence both at the symposium, on social media, but really he’s been a constant presence in this organization, and for all of us in the conservative legal movement, I know as a 1L opening up, basically any…