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Legal Blog

With Progressives increasingly condoning censorship of conservative views as “hate speech,” conservatives are responding with an increasingly absolutist freedom of speech. Some recent essays written in reaction to the Antifa/neo-Nazi violence in Charlottesville show the appeal that the absolutist view has to conservatives: If political...

One of the standard distinctions these days is between the old originalism and new originalism. While different people define the distinction a little bit differently, I define the old originalism as having two essential characteristics: using “original intent” to determine the original meaning of a...

Our identity politics could use some Madisonian wisdom. In an earlier post, I argued that our current legal regime, which has created protected and non-protected classes of Americans, is one important source of our current political alignment and a reason why we have “identity politics.” Since at...

Journalists often claim to write the first draft of history, but that statement raises the question when a story turns from current events into history. The Vietnam War now stands closer to World War II than 2017. A formative experience for the baby boom generation,...

It was the Czech writer Milan Kundera who said: “The struggle of man against power is the struggle of memory against forgetting.” His fellow writer Liu Xiaobo, who died this summer under police guard while serving an 11-year prison sentence, made a profoundly important and...