Amicus Brief Commentary

Public accommodations laws “help ensure a free and open economy.” Traditionally, public accommodations 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…

Should a child’s opportunity for education turn on the religious perspective of the child? Should it turn on the religious perspective of the school? What if the school is just a little bit religious? Or too religious? Would that matter? It would if the child lives in an area of Maine with no public school.…

One of the biggest student free speech cases in the last half century started with a high school cheerleader and a profanity-laced Snapchat. The implications of that terse, ephemeral message extend well beyond the original hundred-plus friends with whom the freshman student shared her post. In a decision today, the U.S. Supreme Court ruled 8-1…

Today, the Supreme Court ruled 9-0 in an opinion delivered by Justice Breyer that the Federal Trade Commission must comply with the law and end its ultra vires pursuit of money damages. The opinion presents a straightforward statutory interpretation of the scope of FTC enforcement power under Section 13(b) of the FTC Act, which allows…

Thanks to the Supreme Court’s March 8, 2021, ruling in Uzuegbunam v. Preczewski, No. 19-968, that a claim for nominal damages is enough to maintain standing, plaintiffs’ ability to seek vindication in court for infringement of speech rights is secure, even where the plaintiff cannot prove monetary harm. As Casey Mattox and I recently wrote…

Every kid needs and deserves a quality education — one that provides them with essential skills and helps them find and develop their talents and interests. Our nation’s education system should be flexible and responsive enough to support students as they identify the subjects and practices that engage them and drive their passion. That’s the…