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Kennedy’s Last Term

Twenty-eighteen brought the end of Justice Anthony Kennedy’s tenure on the Supreme Court. We are now entering a period of uncertainty about American constitutional law. Will we remain on the trajectory of the last half-century? Or will the Court move in a different direction? The character of the . . . . Continue Reading »

You Can Say That

While I was talking with our longtime contributor Hadley Arkes this month, he quoted a statement that I haven’t been able to get out of my head: “One man’s vulgarity is another’s lyric.” It’s a simple maxim, easy to remember, with balance and brevity plus the air of a schoolmarm’s . . . . Continue Reading »

Recasting Religious Freedom

Few among us concerned for the defense of religious freedom can doubt that these have become dark times indeed. Most recently, arguments have been brought before the Supreme Court—there has been a veritable cascade of briefs—against the government on Obamacare. Many of these have one way . . . . Continue Reading »

We Need More First Amendment Freedom, Not Less

U.S. Supreme Court Justice Louis Brandeis famously wrote that the answer to objectionable speech “is more speech, not enforced silence.” This seems a most reasonable proposition. If you are offended by someone’s position, you can counter it with your own arguments and expose their error for the world to see and reject. It is a concept that has served our Republic well in the fight for liberty and freedom. Continue Reading »

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