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Blog

How Big Tech gets away with censorship: how the courts have misinterpreted §230

This is the second of three posts examining Section 230 of the Communications Decency Act of 1996, commonly known as §230. While the law was enacted with the best of intentions to allow the internet to flourish, it has been misconstrued by courts for decades and is being taken advantage of by Big Tech companies. This post examines how the courts have wrongfully interpreted §230, straying far from the plain meaning of the text. The first post examined the events that led to §230’s enactment, its short legislative history, and what the law actually says. The final post will consider solutions to fixing §230, and which might be the most advantageous from a constitutional and policy perspective.

05/19/2022
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Blog

How Big Tech gets away with censorship: what is § 230 and why was it enacted?

This is the first of three posts examining Section 230 of the Communications Decency Act of 1996, commonly known as § 230. While the law was enacted with the best of intentions to allow the internet to flourish, it has been misconstrued by courts for decades and is being taken advantage of by big tech companies. This post examines the events that led to § 230 being enacted, the short legislative history, and what the law actually says. The next post will examine how courts have wrongfully interpreted § 230, straying far away from the plain meaning of its unambiguous text. The final post will consider several solutions to fixing § 230, and which might be the most advantageous from a constitutional and policy perspective.

04/19/2022
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Blog

Key takeaways from Judge Jackson’s Supreme Court confirmation hearings

President Biden nominated Judge Ketanji Brown Jackson of the D.C. Circuit to replace Justice Stephen Breyer on the Supreme Court. This is the fifth post on her nomination. It analyzes what Judge Jackson told the Senate Judiciary Committee and whether what she said is consistent with her judicial record. It also details how Senate Democrats have dealt with nominees who have preached a judicial philosophy of originalism. The first post detailed who Judge Jackson is and what President Biden wants in a Supreme Court nominee. The second post examined and critiqued her opinion in Committee on the Judiciary v. McGahn (D.D.C. 2019) where she held the House Judiciary Committee's subpoena of former White House Counsel Don McGahn was enforceable in federal court. The third post provided 25 questions for Senators to ask Judge Jackson at her confirmation hearing. The fourth post analyzed the originalist and textualist records of President Trump's Supreme Court nominees.

04/01/2022
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Blog

The originalist and textualist records of President Trump’s Supreme Court nominees

President Biden nominated Judge Ketanji Brown Jackson of the D.C. Circuit to replace Justice Stephen Breyer on the Supreme Court. This is the fourth post on her nomination. It provides an analysis of the originalist and textualist records of President Trump's Supreme Court nominees. The next and final post will detail Judge Jackson's confirmation hearing, and compare her answers and record with President Trump's nominees. The first post detailed who Judge Jackson is and what President Biden wants in a Supreme Court nominee. The second post examined and critiqued her opinion in Committee on the Judiciary v. McGahn (D.D.C. 2019) where she held the House Judiciary Committee's subpoena of former White House Counsel Don McGahn was enforceable in federal court. The third post provided 25 questions for Senators to ask Judge Jackson at her confirmation hearing.

03/29/2022
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Blog

25 Questions for Judge Jackson’s confirmation hearing

President Biden nominated Judge Ketanji Brown Jackson of the D.C. Circuit to replace Justice Stephen Breyer on the Supreme Court. This is the third post on her nomination. It provides twenty-five questions that Senators should ask at her confirmation hearing. The first post detailed who Judge Jackson is and what President Biden wants in a Supreme Court nominee. The second post examined and critiqued her opinion in Committee on the Judiciary v. McGahn (D.D.C. 2019) where she held the House Judiciary Committee's subpoena of former White House Counsel Don McGahn was enforceable in federal court.

03/17/2022
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Blog

Judge Jackson’s Cramped View of the Separation of Powers

President Biden has nominated Judge Ketanji Brown Jackson of the D.C. Circuit to replace Justice Stephen Breyer on the Supreme Court. This is the second post on her nomination. It examines and critiques her opinion in Committee on the Judiciary v. McGahn (D.D.C. 2019) where she held the House Judiciary Committee's subpoena of former White House Counsel Don McGahn was enforceable in federal court. The first post examining who Judge Jackson is and what President Biden wants in a Supreme Court nominee can be found here.

03/15/2022
"What You Need to Know About Kentanji Brown Jackson"
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Blog

Judge Ketanji Brown Jackson and what President Biden wants in a Supreme Court nominee

The Big Picture

03/10/2022
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What Happened in the Navy SEALs Vaccine Mandate Lawsuit Against the Biden Administration?

The Big Picture

02/10/2022
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Blog

An Election Integrity Update Across the States

The Big Picture

02/01/2022
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Blog

Unpacking the Supreme Court’s Recent Decision Over Biden’s OSHA Vaccine Mandate

The Big Picture

01/19/2022

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