Featured Posts
Blog
A blueprint for digital censorship in the US?
Internal documents from the Center for Countering Digital Hate (CCDH), as revealed by digital censorship journalist Matt Taibbi, showed that the group’s primary…
Blog
In honor of Free Speech Week, end all regulatory gag orders
Free Speech Week is an annual, nonpartisan celebration of the indispensable right to speak one’s mind. While every level of government is expected…
Reason
The Justice Department’s Proposals for Breaking Up Google’s Dominance Won’t Work
Reason quoted CEI’s expert on antitrust atmosphere Jessica Melugin, director of the Center for Technology and Innovation at the Competitive Enterprise Institute, tells Reason that a…
Search Posts
Blog
CEI Issues Report on the Nation’s Six Worst State Attorneys General
Today, CEI issued another of its periodic “worst state attorney general” lists, in a lengthy report explaining why those attorneys general received that dubious distinction. (Previous …
Overlawyered
EEOC: federal law already bans sexual-orientation bias
The Overlawyered cites CEI`s Hans Bader on EEOC Llgislation banning discrimination based on sexual orientation:…
Overlawyered
Schools Roundup
The Overlawyered cites CEI`s Hans Bader on college speech codes: …
The College Fix
First Amendment protections on public college and university campuses
The College Fix cites CEI`s Hans Bader on college speech codes: The title is from Hans Bader’s June 2 statement to the US…
Blog
Obama Administration Pressures Colleges to Adopt Unconstitutional Speech Codes
Under the Obama administration, the Education Department has pressured schools and colleges to restrict speech, including off campus speech, even when it is protected by the…
National Review
Two Excellent Letters on an Excellent Op-ed on Title IX
National Review cites CEI`s Hans Bader`s letter on the an op-ed on unconstitutional speech codes: On June 8, the Wall Street Journal ran…
Advice Goddess Blog
How ADA-For-The-Web Regulations Could Kill This Website
So few people understand how laws passed can be used — and easily misused. Stretched into something they were never supposed to be (or not…
The Wall Street Journal
Title IX: From Pro-Female Reform to an Anti-Male One
The Wall Street Journal quotes CEI`s Hans Bader on the unconstitutional speech codes: “Ms. Gavora rightly criticizes the Education Department, where I used…
The Wall Street Journal
Title IX: From Pro-Female Reform to an Anti-Male One
Ms. Gavora rightly criticizes the Education Department, where I used to work, for pressuring colleges to adopt unconstitutional speech codes in the name of fighting…
Blog
DOJ vs. Reason.com Commenters: How the Deck Is Stacked Against Anonymous Political Speech
Our friends over at the Reason Foundation, a venerable libertarian think tank and publisher of Reason magazine, recently received a grand jury subpoena from a federal prosecutor…
Blog
DOJ vs. Reason.com Commenters: When Everything Is Deemed a “Threat”
The Supreme Court has said that true threats can be banned without violating the First Amendment, but that doesn’t mean that hyperbolic rants are unprotected…
Blog
The “Draw Muhammad” Contest and the Futility of Trying to Correct Journalistic Mistakes about the Law
Journalists often not only get the law wrong, but then have the audacity to smugly talk down to people who attempt to correct them (usually…
Blog
Deceptive Discrimination Laws
Discrimination may be bad for business, but that doesn’t mean laws banning discrimination are good for business. Often, these laws are like the proverbial Trojan…
Blog
University of California Dean: Academic Freedom Makes Students “Feel Unsafe”
Recently, the dean of the School of Social Welfare at the University of California at Berkeley condemned a professor’s constitutionally protected remarks, including but not limited…
Blog
Victory for “Caveman” Blogger and Free Speech in North Carolina
Many people associate professional licensing with consumer safety. For example, we wouldn’t want any schlub doing surgery. But where occupational licensing laws may have started…
Simple Justice
First Amendment Relativists
Simple Justice quotes CEI`s Hans Bader on the NPR Ombudsman`s opinion on free speech and the Charlie Hebdo attack: In his parting shot as ombudsman for…
Blog
NPR Wrongly Suggests Hate Speech and Blasphemy Are Unprotected by First Amendment
NPR gets a lot of taxpayer money based on a false pretense of objectivity and accuracy. Its departing ombudsman, Edward Schumacher-Matos, says that “as a public…
The Daily Caller
NPR’s Ombudsman Is A Drooling Moron Who Doesn’t Understand The First Amendment
The Daily Caller quotes CEI`s Hans Bader on the NPR Ombudsman`s opinion on free speech and the Charlie Hebdo attack: Outgoing National Public Radio ombudsman Edward Schumacher-Matos…
Blog
Terrorist Attack on Charlie Hebdo Reveals the Sorry State of Free Speech in the West
My wife Sylvie, who grew up in France, is terribly shocked about yesterday’s terrorist attack on the French satirical weekly Charlie Hebdo, which murdered 12 people, including…
Blog
Michael Mann Case Is about First Amendment, Not Global Warming
This morning the D.C. Court of Appeals heard oral arguments in Michael E. Mann v. Competitive Enterprise Institute, National Review, et al. CEI General Counsel…
CNS News
Most Democrats Back ‘Hate Speech’ Ban in Poll; Conservatism Equated with Hate
51 percent of Democrats support banning “hate speech,” while only 21 percent oppose such a ban, in a recent You.Gov poll. This is disturbing…
Blog
Taxpayers to Subsidize “Ministry of Truthiness”
The Washington Free Beacon reports: The federal government is spending nearly $1 million to create an online database that will track “misinformation” and…
The Hill
Devil’s in the details of Campus Accountability and Safety Act
The Campus Accountability and Safety Act (CASA), S. 2692, seeks to change how publicly funded universities investigate allegations of sexual assault. . . The act…
The Daily Signal
Cyberbullying Law Struck Down in New York
A state court in New York recently struck down that state’s cyberbullying law as violating the First Amendment. . . the state of New…
Daily Caller
Democrat On U.S. Civil Rights Commission Wants Speech Codes For ‘Adolescent’ 21-Year-Olds
Hans Bader is mentioned in a Daily Caller article discussing campus restrictions on First Amendment-protected speech: Among many others, Hans Bader…
Blog
Federal Official Says Campus Speech Should Be Restricted to Protect Young People’s Brains
U.S. Civil Rights Commission member Michael Yaki says that speech on college campuses should be restricted to protect young people’s developing brains. This is yet…
Blog
Federal Official Says Campus Speech Should Be Restricted to Protect Young People’s Brains
U.S. Civil Rights Commission member Michael Yaki says that speech on college campuses should be restricted to protect young people’s developing brains. This is yet…
Overlawyered
Labor and Employment Law Roundup
“Telling Employee He Is ‘Eligible’ For Bonus Not Enough to Create Contractual Obligation” [Chris Parkin/Daniel Schwartz; Connecticut appeals court] Richard Epstein on Obama’s anti-LGBT-discrimination…
Blog
Your Tax Dollars at Work: Justice Department Investigates Anti-Obama Parade Float
The Justice Department has responded to an anti-Obama float in a parade by treating it as a “discrimination dispute” necessitating federal intervention. One more…
Blog
New York Court Voids Cyberbullying Law, Thus Casting Doubt on Proposed Workplace Bullying Law
A law firm notes, “Since 2003, twenty-one states have introduced legislation to combat private workplace bullying but none have been passed into law.” However, a…
Blog
IRS May Step Up Its Attack on Free Speech of Non-Profits
Earlier, we wrote about how proposed IRS regulations would gag 501(c)(4) groups—and potentially 501(c)(3) groups like think tanks as well—by redefining non-partisan, non-election-related criticism of government officials,…
Comment
CEI Comments to the IRS on Proposed New Restrictions on Candidate-Related Activities of 501(c)(4) Organizations
Full Document Available in PDF The Treasury Department’s proposed rule has been…
Forbes
Art, Free Speech, Hypocrisy, Tightie-Whities, and Teenage Tantrums
Welcome to the culture wars’ latest opera buffa. In recent weeks, Wellesley College has been embroiled in a raging controversy over …. a lifelike statue…
Legal Brief
Michael Mann v. National Review, CEI, et al. – Mann’s Motion to Amend Complaint, and Amended Complaint
The Competitive Enterprise Institute received a letter on August 21, 2012 from an attorney representing Penn State University Professor Michael E. Mann that demands that…
The Blaze
How the IRS Could Chill Political Speech by Redefining the Word ‘Candidate’
f adopted, such a rules change would be open to broad legal interpretation, said Hans Bader, senior attorney for the Competitive Enterprise Institute, a free…
Wall Street Journal
The Latest IRS Power Grab (Letter)
Mr. Smith rightly criticizes proposed IRS rules "limiting political speech" by nonprofit 501(c)(4) groups. Those rules restrict even truthful, nonpartisan criticism of IRS and bureaucratic…
Legal Brief
Michael Mann v. National Review, CEI, et al. – Amicus brief of the District of Columbia in Support of CEI and National Review
The Competitive Enterprise Institute received a letter on August 21, 2012 from an attorney representing Penn State University Professor Michael E. Mann that demands that…
Legal Brief
Michael Mann. v. National Review, CEI, et al.: – Amicus brief of the ACLU in Support of CEI and NR
The American Civil Liberties Union (ACLU) filed an amicus brief supporting defendants’ right to immediately appeal Michael E. Mann v. National Review, Inc., et al.
News Release
Journalists and Media Defend Speedy Appeals Under DC Free-Speech Law in Climate Scientist Libel Lawsuit
WASHINGTON, Nov. 14 – A group of 19 major news organizations has filed a court brief supporting rapid appeals under a District of Columbia law…
Legal Brief
Amicus brief of the Reporters Committee for Freedom of the Press in Support of CEI and NR
The Washington Post and 18 other major press entities filed an amicus brief supporting defendants’ right to immediately appeal the case. As explained in the…
Legal Brief
Michael Mann. v. National Review, CEI, et al.: Defendants’ Joint Response to DC Court of Appeals on Jurisdiction
Defendants’ (CEI and National Review) Joint Response to DC Court of Appeals on Jurisdiction.
Politico
Also in Court News – Mann Defamation Continues
ALSO IN COURT NEWS — MANN DEFAMATION CASE CONTINUES: A D.C. Superior Court judge on Friday shot down a request by National Review Online to…
Policy.Mic
The Curious Case Of Michael Mann and the Most Controversial Chart in Science
Both Mann and the researchers at East Anglia have been investigated by almost a dozen different organizations, including both the governments of the…
Legal Brief
Michael E. Mann v. National Review, Inc., et al. – complaint
The Competitive Enterprise Institute received a letter on August 21 from an attorney representing Penn State University Professor Michael E. Mann that demands that CEI…
Legal Brief
DC Superior Court denial of National Review’s anti-SLAPP motion in Michael Mann. v. National Review, CEI, et al
Legal Brief
DC Superior Court denial of CEI’s anti-SLAPP motion in Michael Mann. v. National Review, CEI, et al
Richmond Times-Dispatch
Education Department Can’t Ban Speech
As a former Education Department lawyer, I share George Will’s dismay that the Education Department is now pressuring colleges to ban speech such as sexual…
Long Island Newsday
Colleges Paranoid Over Sexual Speech
As a former U.S. Education Department lawyer, I largely agree with Cathy Young's criticism of the department for demanding that colleges treat as "sexual harassment"…
Forbes
Gay Marriage, Polygamy, Bestiality, Abortion, Infanticide, Pot, Foie Gras, Plastic Bags, Big Gulps and Democracy
Consider the following list: 1) Marry someone of your same gender, 2) join a harem, 3) have sex with your donkey, 4) kill your baby the…
American Thinker
Michael Mann’s latest bogus claim
Michael Mann, the Father of the Hockey Stick graph — you know, the one where they had to “hide the decline” — seems to have…
Legal Brief
Michael Mann v. National Review, CEI, et al: CEI and Rand Simberg’s Reply to Mann’s Opposition to our Anti-SLAPP Motion
Michael Mann v. National Review, CEI, et al: CEI and Rand Simberg’s Reply to Mann’s Opposition to our Anti-SLAPP Motion…
News Release
CEI SLAPPS Back In Closing Brief To Michael Mann Libel Lawsuit
Today marked the latest filing in a defamation lawsuit brought by climate science alarmist Michael Mann against CEI, National Review, and scholar Rand Simberg. CEI…
Legal Brief
Michael Mann. v. National Review, CEI, et al: Plaintiff’s Opposition to CEI and National Review’s Anti-SLAPP and Dismissal Motions
Michael Mann. v. National Review, CEI, et al: Plaintiff’s Opposition to CEI and National Review’s Anti-SLAPP and Dismissal Motions See also: CEI SLAPPS Back…
News Release
CEI SLAPPS Back At Climate Scientist Michael Mann’s Libel Lawsuit
CEI and adjunct analyst Rand Simberg responded last Friday to Michael Mann’s libel lawsuit against them, National Review, and columnist Mark Steyn, with a special…
The Delaware County Daily Times
Climatologist opens up storm of criticism
Meet the plaintiff: Penn State climatologist Michael Mann. Meet the defendants: writers Mark Steyn, Rand Simberg, National Review and the Competitive Enterprise Institute. Professor Mann…
Hot Air
One Film That Put Free Speech in the Cross Hairs
From Hot Air: Hans Bader, Senior Attorney at the Competitive Enterprise Institute, wrote on September 13 that “the Egyptian government said, ‘We ask…
News Release
Penn State Climate Scientist Michael Mann Demands Apology From CEI
The Competitive Enterprise Institute received a letter on August 21 from an attorney representing Penn State University Professor Michael E. Mann that demands that CEI…
Cato
Obamacare’s Constitutional Defects, First Amendment Division
From Ilya Shapiro's post on Cato@Liberty: As the Competitive Enterprise Institute’s Hans Bader put it: Obama’s HHS secretary sought to gag…
Cato
‘People’s Rights Amendment’ Would Knock Out People’s Rights
From Overlawyered: Incredibly, versions of this radical rights-stripping measure has been endorsed through resolutions by the state legislatures of…
Legal Brief
Bulldog Investors v. Massachusetts
Full Document Available in PDF Under the regulation at issue here, journalists, academics, students and others who are not wealthy or financially…
News Release
Free Speech for the 99% on Trial in Bulldog Investors v. Massachusetts
Washington, DC, March 5, 2012 – The Competitive Enterprise Institute today filed an amicus brief in support of hedge fund Bulldog Investors and free speech…
Cato
Employment Law Roundup: Retaliation Charges Pose Growing Threat to Free Speech
Cato
Ryan Radia: SOPA could change the way the internet works
SOPA could change the way the internet works. Now, some of the biggest websites in the world like Google and Wikipedia are going dark in…
Cato
EPA’s Latest Power Grab
Chris Horner explains the EPA's latest power grab involving private property rights in Idaho…
Letters
Coalition Letter Urges House Judiciary Committee to Consider Implications of SOPA
Full Document Available in PDF The Competitive Enterprise Institute, TechFreedom, Americans…
Cato
Hans Bader Discusses Dangers of Courts Relying on “International Norms”
Cato
When Bullying is Bull
Tech Liberation
Why SOPA Threatens the DMCA Safe Harbor
The Stop Online Piracy Act (SOPA), a controversial bill before the House of Representatives aimed at combating “rogue websites,” isn’t just about criminal, foreign-based…
Tech Liberation
Free Speech and Chilling Effects Roundup
Tech Liberation
Showdown Looms Over Stop Online Piracy Act
Tech Liberation
Google, Facebook to Congress: Don’t Expect Us to Police Piracy
Reason
Warrantless GPS Tracking, Union Dues, and Fleeting Expletives: The Supreme Court Suits Up for Another Term
Reason
The Absurdity Of Anti-Bullying Laws
Reason
Politicization of Justice Department Worsens
Reason
MrFuddlesticks, the Renton Police Department and Online Civil Liberties
In the last two decades, the Internet has revolutionized the way people communicate and socialize. Unfortunately, our legal system has yet to adapt to the…
Pittsburgh Live
Request for Social Media Curbs in Britain Spark Debate
Pittsburgh Live
State Stifling Free Speech
Pittsburgh Live
‘Bullying’ as a Means of Suppressing Speech
Pittsburgh Live
Tell Us About It: “Why the Right to Criticize Lawyers is Vital”
Pittsburgh Live
Bullying as a Civil Rights Violation: The U.S. Department of Education’s Approach to Harassment
Pittsburgh Live
Day Cares Can’t Mandate Diversity
It is ridiculous that a bossy Colorado state agency proposed forcing day care centers to post two or more visual displays “presenting diversity in a…
Pittsburgh Live
June 30 Roundup: First Amendment Wins as SCOTUS Strikes Down Violent-Videogame Ban
Pittsburgh Live
June 27 Roundup
Pittsburgh Live
This Week in the News: OCR Letter Continues to Generate Coverage and Greg’s ‘Best Seven’ Free Speech List Still Making Waves
Pittsburgh Live
Due Process Stops at the Campus Gates?
Pittsburgh Live
Testimony of Roger Clegg Before the U.S. Commission on Civil Rights on the Federal Government’s Role in Preventing Student Harassment (PDF)
Pittsburgh Live
Federally-Mandated ‘Bully-Proofing’ Programs Coming to a School Near You
Pittsburgh Live
Federal Bully
Pittsburgh Live
Democracy in Egypt? Define “Democracy”
Reason
Being Smart With Your Smartphone, Police Search Edition
Reason
Premium Power Grab: Feds Take Control of Insurance Prices
Washington Examiner
WikiLeaks’s Julian Assange in Australian Times
Julian Assange, Wikileaks mastermind, writes in today’s Australian Times: WikiLeaks coined a new type of journalism: scientific journalism. We work with…
Tech Liberation
Does Wikileaks Have a First Amendment Case Against Joe Lieberman?
Amazon made headlines last week when it abruptly cut off service to Wikileaks, allegedly on the grounds that the site had violated Amazon’s terms of acceptable…
Reason
The Other Shoe Is Dropping
Study
BONG HiTS 4 JESUS: The First Amendment Takes a Hit
Full Document Available in PDF…
Newsletter
Campaign Finance, Alcohol Regulation and Underage Senior Citizens
Senate Democrats lose a key vote on the DISCLOSE Act, a bill to regulate campaign finance spending. Congress is considering a bill that would allow…
Letters
DISCLOSE Act Coalition Letter
Full Document Available in PDF We write on behalf of the millions of taxpayers and concerned citizens represented by our respective…
Newsletter
Toyota’s Body Count, Toll Roads and Voter Intimidation
US News & World Report claims that the death toll from runaway Toyotas was more than originally reported. Concession agreements between cities and private companies…
Reason
Obama Administration Fosters Thug-Friendly Climate (Letter to the Editor)
The Examiner was right to criticize D.C. Police for escorting union thugs to the home of a Bank of America lawyer, whose terrified young…
Newsletter
Campaign Finance, Politics at the Justice Department and John Stuart Mill
Democrats push campaign finance reform legislation. A Justice Department lawyer resigns in response to increased politicization of the department. Today is John Stuart Mill’s birthday.