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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Censorship-Industrial Complex

The Censorship Industrial Complex

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Big Media and Big Tech fell completely out of sync with material reality, smearing criticism that had previously been normal, and explicitly banning topics from social media such as discussion of a possible lab leak, or vaccines not stopping viral transmission. Polite society agreed with such bans, stayed silent, or even, as in the case of the Virality Project and its partners, led the censoring. A cadre of North American and European anti-disinformation elites meanwhile had been slowly convincing NGOs in Asia, Africa, and Latin America that their biggest problem was not too little but too much online freedom, the solution to which was more corporate and government control in order to protect human rights and democracy.

The Censorship Industrial Complex Read Journal Article

Berenson vs Biden

Berenson v. Biden: The Potential and Significance 

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Discovery and depositions from Pfizer and the White House would be the most valuable insight of the three years – insight into the power structures that orchestrated lockdowns, censorship, forced vaccinations, school closures, economic upheaval, government overreach, and the merger of corporations with the state. The media’s blackout may delay negative press coverage for the country’s most powerful forces, but the ramifications of the lawsuit could prove far more consequential than an undesirable headline in the New York Times.

Berenson v. Biden: The Potential and Significance  Read Journal Article

congress

Congress Has a Leverage Point on Pandemic Policy

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Unlike the PREP Act and the other emergency pandemic powers, this one is set to expire at the end of September. In other words, absent any action, PAHPA and all its authority to wage biomedical warfare are finished, thereby providing House Republicans with tremendous leverage to clip the agency’s wings. How can Republicans move on from this disaster and reauthorize the agency that is responsible for the worst tyranny in American history?

Congress Has a Leverage Point on Pandemic Policy Read Journal Article

society pause

They Hit the Pause Button and the Music Stopped

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Society is not a machine that anyone can control. It has no pause button. Attempt to treat it as if it does and you end up creating something distorted and possibly terrible, certainly the end of material and cultural progress but probably something much worse. It was utter folly for anyone to imagine that what they thought they were doing should ever be done. It is even more egregious that so many played along when they should have refused the pause. 

They Hit the Pause Button and the Music Stopped Read Journal Article

law student privilege

The Structural Privilege of Elite Law Students

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In 2021, 87% of Stanford Law students graduated with big law positions or federal clerkships (a near-guarantee of subsequent big law employment) in hand. Clients pay over $500 an hour for fresh graduates, thanks to a cartel-like hiring apparatus that constrains law firm recruiting in the name of prestige. Most of them receive these job offers after just one year of law school, leaving them ample time to engage in campus activism.

The Structural Privilege of Elite Law Students Read Journal Article

Democracy Under Stress

Democracy Under Stress in America and India

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For decades, the US has tried to export and universalise bedrock American values like the rule of law, civil liberties, political freedoms and democratic practices. Now it is internalising some foreign policy vices like selective justice against unfriendly regimes while running protection for friendly ones.

Democracy Under Stress in America and India Read Journal Article

human rights

What Happened to the Human Rights Lobby?

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They have little interest in traditional liberal values such as freedom of expression, freedom of association, and freedom of conscience, and in fact are often implicitly contemptuous of those values and think them to be dangerous. And they are fairly comfortable with the idea of the authorities bossing people around so long as it is for their own (purported) benefit. They, in other words, see themselves as being something like Plato’s class of ‘guardians’, who possess the wisdom to coordinate society as they see fit.

What Happened to the Human Rights Lobby? Read Journal Article

emergency

The Emergency Is Not Over

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The lawless government that went into overdrive three years ago, even if its roots extend far back in time, has finally ensnared the president who was manipulated into pulling the trigger. So yes, the lockdowns and this apparently political Trump indictment are connected. They are all signs of a loss of government restraint, taking us back before the days of the Magna Carta.

The Emergency Is Not Over Read Journal Article

Alien and Sedition Acts

The Alien and Sedition Acts are Back 

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With the Alien and Sedition Acts, not-yet-Presidents Thomas Jefferson (an icon of freedom, having been the primary author of the Declaration of Independence) and James Madison (an icon of a strong but restricted Federal government, having been the primary author of the Constitution) both suggested the individual states nullify the Acts within those individual states. HB1333 has the potential to codify what frightened Thomas Jefferson and James Madison. 

The Alien and Sedition Acts are Back  Read Journal Article

Trump Georgia

What Happened When the Georgia Governor Tried to Open the State?

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Georgia is important because it was the first state to open. Trump tweeted his opposition to this move both in general and then, two weeks later, in opposition to Kemp’s opening. Every bit of documentation absolutely contradicts Trump’s claim that he “left that decision up to the Governors” as a matter of his own intention. It was his intention to achieve what he later bragged he had done, which is “turned it off.”

What Happened When the Georgia Governor Tried to Open the State? Read Journal Article