- When government uses regulation to retaliate against someone’s politics, relief shouldn’t depend on whether the harassment would have silenced an ordinary citizen [Ilya Shapiro, Trevor Burrus, and Thomas Berry, Cato]
- More thoughts on the constitutional amendment process [Mike Rappaport, Liberty and Law] To what extent did Antonin Scalia’s thinking on Article V constitutional conventions change over the years? [Josh Blackman on this 1979 AEI roundtable, Paulette Rakestraw and Mead Treadwell/Ricochet] I debated the issue in April in St. Louis [Show-Me Institute] “Conservative groups pushing for a constitutional convention are just six states short of their goal.” [ABA Journal]
- D.C. Circuit panel, Judge Brett Kavanaugh writing, strikes down structure of Consumer Financial Protection Bureau (CFPB) as unconstitutional [Thaya Brook Knight, Ira Stoll back in 2013]
- Sounds like the ACLU’s internal “Civil Liberties Caucus,” as it’s been nicknamed, continues to lose clout within the org [David Meyer Lindenberg, Fault Lines]
- It’s not just Baltimore: unreasonable and unconstitutional police searches are common [Steve Chapman]
- A curious subject of academic wrath: constitutional “extremism” [Scott Greenfield]
Filed under: ACLU, CFPB, constitutional law, regulatory retaliation
One Comment
ACLU:
I didn’t realize until recently, in the Nazi-Skokie-march case, that all the Nazis really wanted to do was march in Chicago, and that after the USSC decision against Skokie, a compromise moved the Nazi march to Chicago. The reporting at the time was sensationalist and deficient. (I thought the Skokie venue was a provocation too far and that the USSC should have mandated a less provocative though more governmentally relevant location.)
Revenge porn– I part company with free-speech absolutists here. “Pornography” as something deserving prosecution should be a function less of physical actions portrayed, than of privacy and consent. I am totally baffled by people who get upset by NSA metadata collection that has zero effect on their ability to lead a normal life, but who will defend to the death Gawker’s right to post surreptitious recordings of private sexual encounters.