Can Congress Ban TikTok?
When James Madison set about to draft the Bill of Rights — the first 10 amendments to the U.S. Constitution — he was articulating what lawyers and philosophers and judges call “negative rights.” A positive right grants a privilege, like a driver’s...
Taking Rights Seriously
The world is filled with self-evident truths — truisms — that philosophers, lawyers and judges know need not be proven. The sun rises in the east and sets in the west. Two plus two equals four. The shortest distance between two points is a straight line. These...
Taking Free Speech Seriously
Can the government prevent Big Tech from censoring political and cultural voices on their platforms? Can the government regulate these platforms to compel speech the government wants to hear and to prevent speech it believes may harm innocents? If you believe — as I...