Law

Law articles feature analysis and commentary related to censorship, policy, technology, media, economics, public health, and social life.

All Brownstone Institute articles on the topic of law are translated into multiple languages.

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pandemic management

Nothing Like This Ever Happened Before

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A leader or an expert who claims he can fix everything, if only we do exactly as he says, can prove an irresistible force. We do not need to confront a bayonet, we need only a nudge, before we willingly abandon the nicety of requiring laws to be adopted by our legislative representatives and accept rule by decree. Along the way, we will accede to the loss of many cherished civil liberties—the right to worship freely, to debate public policy without censorship, to gather with friends and family, or simply to leave our homes. 

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discovery

Discovery Is the Covid Regime’s Greatest Fear

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All indications are that the judicial system will favor a final and clean decision for free speech, even if that only comes at the hands of the Supreme Court at a much later date. That does not fix the continuing problem now and does not guarantee that government and business will not continue this in the future. But at least for now, there is some reason for hope that the Bill of Rights is not entirely dead. 

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boundaries

The High Cost of Shattering Sensible Boundaries 

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Boundary-setting, and with it the transmission of trans-generational knowledge and the ability to calculate one’s true emotional proximity to others, are essential elements of a healthy culture. For reasons having a lot to do with the Baby Boomer generation’s tendency to often flippantly dispense with time-tested cultural knowledge in the name of “progress” and or “liberation,” many children have been deprived of an opportunity to gain these valuable skills. 

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america

3/16: The Day That Will Live in Infamy

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While perhaps the US is a Constitutional republic in form and theory, in terms of function it has devolved into something far less suited to human flourishing. America has elevated, enabled, and become largely captured by a bureaucratic security apparatus whose raison d’être was purported to be fighting wartime threats. But the war machine does not exist to produce victory.

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ireland

Ireland’s Assault on Free Speech

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A law infected with this level of vagueness will easily become a conduit for the subjective opinions and ideologies of the interpreter. This means that public officials, whether police, prosecutors, or judges, will be able to use their power, if they so wish, as an instrument of political and ideological domination, dressed up under hopelessly vague language. For example, a judge who believes that biological sex is passé might interpret hard-hitting criticism of the trans agenda as “incitement to hatred” rather than reasonable democratic debate.

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White House censors

They Censored at the Behest of the White House: More Reporting from Tracy Beanz

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Social media companies acted in direct response to the White House calling out the so-called “Disinformation Dozen.” Evidence in the case proves that they acted to deplatform those branded within 24 hours of the White House publicly identifying them.

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Missouri vs Biden

The Censors are Exposed: Major Update to Missouri v. Biden from Tracy Beanz

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The judge has done the right thing the entire time. The appeals court has done the right thing the entire time. The depositions were granted, the discovery was granted, the motion to dismiss was denied—the judge has expressed several times his shock at what the plaintiffs have exposed. The judge plays by the rules and both he and the appellate court are significantly alarmed by what has come out. This isn’t what we are used to, namely, a weak judge capitulating to the government. In fact, the judge hasn’t capitulated ONCE. Neither has the appellate court and neither has a DC court. 

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elite pride

The Cosplay of Elite Pride 

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So many of our narratives contort public policy failures into a simulated pride for apocryphal success, incidentally acknowledging the imperfections in order to cover the bodies. From the initial days of the lockdowns, there were way too many people with paychecks talking. All the voices on all of our telescreens enjoyed uninterrupted direct deposit while aggressively advocating the closure of tens of thousands of small businesses – first to flatten the curve, then to slow the spread, then to await the vaccines.

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Australian censorship

The Covid Censorship Requests of Australia’s Department of Home Affairs

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The Australian stereotype of mocking self-important authorities was tepid at best during the crisis, and what questioning of authority did take place appears to have been quickly memory-holed by the spell-checkers-turned-fact-checkers at the Department of Home Affairs “Extremsim” team. With each passing day, Idiocracy is looking more and more like prophecy.

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public health

The Power of Public Health Agencies Must Be Curbed

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Now that states are moving to restrict public health powers, public health authorities face a choice that will decide whether the public will ever trust public health again. They can fight a partisan political battle against these laws, and the collapse of public trust in public health will continue apace. Or they can gracefully accept limits to their power in light of their pandemic failures.

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