• Articles

    A Constitution’s Road Trip

    [poignant music] [camera shutter clicking] – How does the Constitution affect my life? – Where should we start? [camera shutter clicking] – I wish I knew more about the Constitution. – I don’t know what it is. I can’t figure it out. – Uh… – I don’t know. – I don’t know anything about it. – The U.S. Constitution is providing freedom. – Freedom and boundaries. – Freedom and equality under the law. – Just the basis for freedom. – How can you go beyond free? – It protects me overall, general. – It protects us and protects others. – So to protect the citizens. – From an overweening government.…

  • 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]
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    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…

  • Articles

    Why Does Free Speech Matter?

    Freedom of speech on college campuses is absolutely critical. It’s critical to the growth of individuals on these campuses, but also to ideas in society. We are a mutually respectful republic, in which, uh, difference of opinion is valued and not, uh, not condemned. Free speech is um, you know, the center of a civilized society. You can’t develop as a society without different ideas. And college is where this starts. Viewpoint is something that is often left out of the conversation. Instead of engaging in thoughtful dialogue and trying to persuade people, a lot of people think twice about inviting people with some controversial ideas to speak. It’s a…

  • Supreme Court Roundup: October Term 2018 [SCOTUSbrief]
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    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
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    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…

  • Eugene Volokh: The Future of Libel Law
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    Eugene Volokh: The Future of Libel Law

    From the 1960s to the about 1990 the Supreme Court handed down a bunch of decisions, uh, that set forth the substantive rules of libel law. We know this, for example, this famous actual malice test for lawsuits brought by public figures But since then the Supreme Court has largely avoided libel law, and what’s happening is that lower courts are now, first of all, trying to apply those decisions, but second, dealing with procedural questions. Things like, can you get injunctions in libel cases? Things like, uh, uh, how you deal with criminal libel prosecutions, uh, uh, and also questions like, who does count as a public figure, when…

  • NIFLA v. Becerra: Can a State Regulate Professional Speech? [SCOTUSbrief]
    Articles,  Blog

    NIFLA v. Becerra: Can a State Regulate Professional Speech? [SCOTUSbrief]

    The petitioners in this case are pro-life pregnancy centers, and the respondents are state officials of the state of California. Legally an issue in this case is the ability of the state to regulate professional speech or conduct and whether or not they may essentially compel a message that is contrary to the beliefs of the speakers. In 2015, California enacted the Reproductive FACT Act. The FACT Act imposes two disclosure requirements on pregnancy centers in California. Crisis pregnancy centers are organized with the purpose of giving aid to pregnant mothers in the hopes that they will choose life for their unborn child. Some of the crisis pregnancy centers are…

  • New York Times Co. v. Sullivan: A Landmark Case for Free Speech [No. 86]
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    New York Times Co. v. Sullivan: A Landmark Case for Free Speech [No. 86]

    The Framers, I think mentioned the freedom of the press in the first amendment, because they recognized that freedom of mass communication is a very important check, perhaps the most important check on government power. And that’s especially so in a democracy. In a democracy, the people govern, but the people have to be aware of what is happening, and the only way that they can learn what’s going on, they can hear the arguments about what’s going on, is if printing presses, and now their technological heirs, are free of government censorship. Political advertising is, generally speaking, fully protected by the first amendment, subject only to narrow exception for…