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OpenMarket: Free Speech

  • RealClear Radio Hour: Transcending Bipartisanship, Money, and Politics

    October 10, 2016

    In this episode of RealClear Radio Hour, Avik Roy outlines his strategy for bipartisan health care reform and Lee Goodman laments the increasing political attacks on free speech.

    Up first is Avik Roy, President of the Foundation for Research on Equal Opportunity (FREOPP) and author of the study, “Transcending Obamacare.” Avik discusses how he founded FREOPP to forge meaningful bipartisan reform at the federal level, starting with health care. He points to the successful consumer-driven systems in Singapore and Switzerland—which subsidize only the least well-off while still offering free-market access to coverage, the latest technology, and high...

  • Government’s Speech Double Standards

    October 3, 2016

    Thanks to overbearing government, there are huge double standards when it comes to free speech.  Rulings of the National Labor Relations Board (NLRB) force employers to tolerate racist, sexist, and obscene abuse by strikers against non-striking co-workers. By contrast, a college student was recently arrested for offensive expression that was nevertheless protected by the First Amendment. This ideological double standard is particularly glaring, because the First Amendment does not prevent private employers from regulating the speech of their employees, but it certainly does prevent the government from arresting people for their speech.

    In Consolidated Communications v. NLRB (September 13, 2016), Judge Nina Pillard describes some of the abuse...

  • Sexual Harassment Regulation Expands Federal Bureaucracy

    September 15, 2016

    Writing in the California Law Review, Harvard Law School professors Jeannie Suk and Jacob Gersen note that “Today we have an elaborate and growing federal bureaucratic structure that in effect regulates sex.” This is largely the result of pressure from the Education Department’s Office for Civil Rights, where I used to work. It has told colleges like the University of Montana and...

  • Obama Administration Attacks 'Reasonableness' and 'Common Sense' in Sex Harassment Investigations

    September 13, 2016

    The Supreme Court has repeatedly said that not all sexual flirtation or interaction constitutes sexual harassment, and that whether conduct is bad enough to amount to harassment “should be judged from the perspective of a reasonable person in the plaintiff’s position, considering ‘all the circumstances.’” Thus, reasonableness is part of the legal standard.

    But the Education Department’s Office for Civil Rights (OCR), which has taken a radical leftward turn during the...

  • EEOC to Gadsden Flag Lovers: Shut Up or Face Costly Lawsuits

    September 8, 2016

    Libertarian think tanks have been known to distribute lapel pins that display the Gadsden flag, reading “Don’t Tread on Me.” The flag has also been used by the U.S. military, in patriotic displays, by Second Amendment supporters, and others. But such free expression is now under siege from Obama’s appointees at the federal Equal Employment Opportunity Commission.

    “Wearing ‘Don’t Tread on Me’ insignia could be punishable racial harassment” in the eyes of the EEOC,...

  • Contingency Lawyers Undermine Integrity of Government Prosecutions

    September 6, 2016

    Guest Post by Margaret Little 

    There’s been a lot of press coverage of the climate change subpoenas that were issued and then withdrawn by U.S. Virgin Islands...

  • Reaction to CEI's Lawsuit against New York Attorney General Schneiderman

    September 1, 2016

    Yesterday CEI filed a lawsuit against New York attorney general Eric Schneiderman for refusing to disclose the legal agreements his office made with other state attorneys general and environmental activists as part of his “AGs United for Clean Power” campaign against climate skeptics. The Wall Street Journal covered the new development with a supportive editorial:

    [CEI is] filing a suit under New York’s freedom of information law to ask the ringleader of the AG coalition—Empire State AG Schneiderman—to produce “any common interest...

  • Our Fight against Government Intimidation

    August 23, 2016

    Americans have heard many promises from presidential hopefuls this year, especially from the two major-party candidates, Hillary Clinton and Donald Trump. But at CEI, we don’t subscribe to a political party. We are partisans of freedom, fairness under the law, and making good policy into good politics. Naturally, we have some concerns about the outcome of this year’s election.

    Both major-party platforms have significant problems (see here, here, and here...

  • RealClear Radio Hour: #BeTheNext

    August 8, 2016

    In this episode of RealClear Radio Hour—from the 2016 Young Americans for Liberty National Convention— Cliff Maloney leads a millennial revolution and Glenn Jacobs—aka WWE Wrestler Kane—shows his political face.

    Up first is Cliff Maloney, Executive Director of Young Americans for Liberty (YAL). Cliff touts Ron Paul’s political enlivening of millennial voters and inspiring of YAL’s founding. He shares why campus “free speech zones” are anathema to a generation sympathetic to libertarian policy ideas and what they value in a political leader. 

  • Reason's Bastiat Journalism Prize Celebrates Writers Who Advance Freedom

    July 29, 2016

    Leftist intellectual and media bias can be as disheartening and maddening as it is relentless. So thank goodness for the Reason Foundation and its annual Bastiat journalism prize that recognizes and rewards writers who make a compelling case for freedom.

    If you or someone you know has penned one or more such articles over the past year filled with originality, wit, and...


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