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The Constitution/Civil Liberties
Fourth Circuit Upholds Ban on Alcohol Advertising
By Katherine A. Fallow, Garrett A. Levin, Carrie F. Apfel, Washington Legal FoundationLegal Opinion Letter, 08/26/2010
In a split 2-1 decision, the U.S. Court of Appeals for the Fourth Circuit recently upheld a Virginia law banning certain advertisements for alcohol in college newspapers. The decision in Educational Media Co. at Virginia Tech, Inc., et al. v. Swecker, et al. puts the Fourth Circuit in conflict with a Third Circuit decision by then-Judge Alito that struck down a similar ban, and could make it more difficult to challenge other advertising restrictions in the future, at least within the Fourth Circuit.
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The Constitution/Civil Liberties
Elena Kagan Nomination Hearings: Judicial Activism and Pro-Corporatism
By Robert Alt, The Heritage FoundationTestimony, 08/04/2010
Before any Senator votes in favor of confirming Kagan to the position of associate justice, they need to be as certain as possible that she will be able to uphold her oath of office to “administer justice without respect to persons, and do equal right to the poor and to the rich,” and not to rule based upon empathy, or personal policy preferences.
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The Constitution/Civil Liberties
The ‘Costs’ of Free Speech: Consequentialism and the First Amendment Don’t Mix
By Matt Welch, Reason FoundationReason, 07/14/2010
Seeing individuals as powerless in the face of choice, or as empty vessels too easily overwhelmed by nefarious content, is a key component of paternalism. This view denies citizens their basic agency and autonomy, reinforcing the long-discredited but still popular notion that mass behavior is dictated from the top down. Suppressing peaceful speech to prevent potential violence is a kind of pre-emptive heckler’s veto. We see it when partisans try to silence the opposition and when the government weighs the costs and benefits of free expression.
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The Constitution/Civil Liberties
Property Rights: Eminent Domain and Regulatory Takings Re-Examined
By Bruce L. Benson, Independent InstituteBook, 07/13/2010
Property Rights explores the uses and abuses of eminent domain and regulatory takings in four areas: proposed constraints on the use of eminent domain, compensation issues in theory and practice, eminent domain from a public choice perspective, and the spillover costs of takings. This comprehensive book brings together a diverse group of scholars and experts to explain the implications of this decision. Contributors include the attorney who represented Susette Kelo before the U.S. Supreme Court, the legal scholar who wrote Regulatory Takings, and experts on land value determination, land-use policy, environmental regulation, regulatory policy, entrepreneurial activities, and economic behavior.
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The Constitution/Civil Liberties
Testimony on the Appointment of Elena Kagan to the Supreme Court of the United States of America
By David B. Kopel, Stephen P. Halbrook, Cato InstituteTestimony, 07/12/2010
In regard to Second Amendment issues, Senators should carefully consider whether Elena Kagan will be a Supreme Court Justice like Hugo Black. In other words, can the Justice overcome a prejudiced background and professional record in order to become a Justice who will fully protect constitutional rights? There are many items in Ms. Kagan’s twentieth century legal record which raise very troubling concerns that she would not fully protect the Second Amendment rights of Americans, but instead would be willing to stretch the law in order to promote oppressive anti-gun laws and gun bans.
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The Constitution/Civil Liberties
The Aftermath of McDonald v. Chicago: What’s Next for Gun Rights
By Brian Doherty, Reason FoundationReason, 07/06/2010
With shall-issue carry laws sweeping the nation over the past 25 years with no commensurate public mayhem, and with strong gun prohibitions largely absent from the national political stage, a basic understanding of a limited right to own guns rules the republic. No doubt, there are committed partisans for a “what part of ‘shall not be infringed’ don’t you understand?” stance, as well as dedicated keep-guns-out-of-everyone’s-hands warriors. But both sides are fighting a war as relevant as the Crimean to most Americans. No guns are being pried out of anyone’s cold, dead hands. Still, it’s worth remembering that while alcohol prohibition is over, that doesn’t mean it isn’t a highly regulated pain trying to run a bar, or that one’s access to booze isn’t highly circumscribed in various localities. That’s also the likely future for guns in a post-McDonald America where total prohibition is no longer an option.
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The Constitution/Civil Liberties
The DISCLOSE Act, Deliberation, and the First Amendment
By John Samples, Cato InstitutePolicy Analysis, 06/29/2010
Responding to the Supreme Court’s decision in Citizens United v. Federal Election Commission, Sen. Charles Schumer and Rep. Chris Van Hollen have proposed the DISCLOSE Act, which mandates disclosure of corporate sources of independent spending on speech, putatively in the interest of shareholders and voters. However, it is unlikely that either shareholders or voters would be made better off by this legislation. Shareholders could demand and receive such disclosure without government mandates, given the efficiency of capital markets. The benefits of such disclosure for voters are likely less than assumed, while the costs are paid in chilled speech and in less rational public deliberation. DISCLOSE also prohibits speech by government contractors, TARP recipients, and companies managed by foreign nationals. The case for prohibiting speech by each of these groups seems flawed. In general, DISCLOSE exploits loopholes in Citizens United limits on government control of speech to contravene the spirit of that decision and the letter of the First Amendment.
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The Constitution/Civil Liberties
Defining Deference Down, Again: Independent Agencies, Chevron Deference, and Fox
By Randolph J. May, Free State FoundationArticle, 06/29/2010
In FCC v. Fox Television Stations, Inc., Justice Scalia’s plurality opinion affirmed that actions of independent agencies are not subject to any form of heightened scrutiny on review as a result of agencies’ status. His view is based upon an exaggerated notion of Congressional control of the independent agencies’ actions that assumes a greater degree of agency political accountability than is warranted. Justice Scalia does not confront the reality that it is the limitation on presidential removal power of agency heads which is at the heart of such insulation and the absence of the removal power similarly limits congressional control of the independent agencies.
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The Constitution/Civil Liberties
Taking DNA from the Innocent: Bill Would Be a Major Step Toward Big Brother Government
By Daren Bakst, John Locke FoundationSpotlight, 06/22/2010
The North Carolina General Assembly is considering a bill (HB 1403) that would require law enforcement agencies to collect DNA samples from individuals arrested for certain felonies. In a free society, there will be some risks posed by crime. If we want to preserve freedom and liberty, then we must accept this reality. The government could be given incredible powers to improve our safety, and it may even work, but those powers would come at the expense of liberty.
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The Constitution/Civil Liberties
Economic Liberty in the Courts
By George Thomas, National AffairsNational Affairs, 06/22/2010
From taking over General Motors to fixing executive compensation on Wall Street, recent government interventions in the economy have been profound and unprecedented. But are they constitutional? Ever since the New Deal Court stripped economic liberty out of our understanding of the Constitution — especially of the 14th Amendment — that question has become harder to answer. Now more than ever, Americans need a better grasp of the proper place of economic liberty in our constitutional order.
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The Constitution/Civil Liberties
Time for the FCC to Respect the First Amendment
By Randolph J. MayAugust 27, 2010
In the bygone analog era of mass media and telecommunications, government officials seized power to regulate speech in ways one might have thought violated the First Amendment. For instance, by proclaiming the radio spectrum a scarce public resource requiring regulation to prevent broadcast signals interfering with each other, the Federal...
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The Constitution/Civil Liberties
Keeping a Republic: Overcoming the Corrupted Judiciary
By Robert BorkApril 19, 2010
It may help to remember that uncertainty about America’s prospects is not new. As Benjamin Franklin exited the Constitutional Convention in Philadelphia for the last time, a woman asked him: “What have you given us?” He answered: “A republic, if you can keep it.” A republican form of government is about...
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The Constitution/Civil Liberties
The Mount Vernon Statement: Constitutional Conservatism: A Statement for the 21st Century
March 01, 2010
On February 17, 2010, at Collingwood mansion, near George Washington’s home at Mount Vernon, Virginia, some 80 conservative leaders gathered to sign the Mount Vernon Statement. Reproduced in full below, the Mount Vernon Statement is an affirmation of republican self-government based on the rule of law as expressed by the...
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The Constitution/Civil Liberties
Celebrate the Constitution with the Bill of Rights Institute
By Victoria HughesOctober 03, 2008
September 17 is Constitution Day. For every citizen who honors and upholds that document’s principles, this is a great day to celebrate and a great opportunity to educate our fellow citizens about what it means to be an American. A last-minute provision to the “Consolidated Appropriations Act of 2005” transformed...
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The Constitution/Civil Liberties
To Petition or Not to Petition
By Isabel SantaApril 17, 2008
Paul Jacob is a father of three who has worked tirelessly to advance liberty over the past several decades. His radio program, “Common Sense,” runs on 150 radio stations in 48 states. He has been called a “rising star in politics” by Campaigns & Elections magazine and dubbed one of...
