My new article, Taxing Nudity: Discriminatory Taxes, Secondary Effects, and Tiers of Scrutiny, has been published in the Journal of Free Speech Law. It's based on my work with the Georgia Association ...
On Wednesday I examined two aspects of Monday's 2nd Circuit decision mostly upholding firearms and magazine bans in New York and Connecticut, in New York State Rifle & Pistol Assoc. v. Cuomo and ...
Add Yahoo as a preferred source to see more of our stories on Google. Sen. Ted Cruz, R-Texas, spent his time questioning Judge Ketanji Brown Jackson about the court’s standard for gender ...
When it comes to statutes curbing access to lawful sexual content—material that’s neither obscene nor child pornographic—the US Supreme Court sometimes bends its normal First Amendment rules of review ...
With all the buzz generated by the Gallion First Amendment challenge in the Ninth Circuit Court of Appeal, we’ll report on First Amendment TCPA challenges wherever we find them from now on. We have a ...
A central focus of yesterday’s Supreme Court arguments on state laws protecting girls’ sports was whether “as-applied” equal protection challenges are available under intermediate scrutiny. That’s ...
Sen. Ted Cruz, R-Texas, spent his time questioning Judge Ketanji Brown Jackson about the court’s standard for gender discrimination. Jackson said “intermediate scrutiny” applies to gender ...