Amicus Brief Commentary
United States v. Pheasant: A Rare Bird That Might Be a Good Vehicle to Revive the Nondelegation Doctrine
Censorship by stealth: Can government officials censor speech by pressuring third parties to do it for them?
For this newsletter, I’m delighted to have Cindy Crawford, AFPF Senior Policy Counsel, take over to discuss censorship by stealth and two upcoming cases in front of the U.S. Supreme Court. – Casey UPDATE: On 5/30/2024, in a win for the First Amendment, the Supreme Court unanimously decided in NRA v. Vullo that government officials…
Read MoreThe Supreme Court can stop unelected bureaucrats and private corporations from imposing taxes
Americans for Prosperity Foundation recently filed a friend-of-the-court brief in the U.S. Supreme Court in Consumers’ Research v. Federal Communications Commission, urging the Court to grant Consumers Research’s cert petition and enforce the Constitution’s system of checks and balances. At issue is the constitutionality of the Universal Service Fund, a social welfare program that subsidizes certain consumers’ telecommunications services at…
Read MoreCorner Post gives Supreme Court a chance to keep the courthouse doors open to new businesses harmed by stale, lawless regulations
by Michael Pepson Americans for Prosperity Foundation filed a friend-of-the-court brief in the U.S. Supreme Court in Corner Post, Inc. v. The Federal Reserve, urging the Court to allow Corner Post’s challenge to a 2011 debit-fees regulation that Corner Post believes to be beyond the Board’s power. The question presented may seem dry: when does…
Read More303 Creative LLC v Elenis: The Biggest Supreme Court Free Speech Case You Might Not Have Heard About
A small independent website designer in Colorado is getting national attention. Why? The U.S. Supreme Court will hear a case next week about whether the government can force her to say something that goes against her personal beliefs. It’s one of the biggest free speech cases this Supreme Court term. And you may not have…
Read MoreTiwari v. Friedlander asks: Is depriving patients of medical services rational?
Commonplace in the market for medical services, certificate-of-need laws prohibit medical providers from practicing or expanding unless they can demonstrate not only “need” for their proposed services but also survive a bureaucratic gauntlet that can take years, cost thousands of dollars, and allow competitors — existing and potential — to challenge the application. The result…
Read More303 Creative LLC v. Elenis asks whether artists can be compelled to speak
Public accommodations laws help ensure a free and open economy. Traditionally, these laws have been applied to, well, public accommodations, such as hotels, or “what the old common law promised to any member of the public wanting a meal at the inn, that accepting the usual terms of service, they will not be turned away…
Read MoreKennedy v. Bremerton School District shows why a high school football coach’s prayer may be important for academic freedom
Government employs a veritable army of teachers, professors, graduate students, undergraduate work-study students, as well as coaches, teachers’ aides, tutors, and administrators. To what degree can government, as an employer, punish the people it hires for their own personal expression? That’s a live question. The First Amendment protects citizens from the government. The government doesn’t…
Read More