Law

Law articles offer sharp analysis and commentary on legal issues tied to censorship, policy, technology, media, economics, public health, social life, and individual rights — critiquing overreach, institutional failures, and threats to liberty.

We examine key topics like government lawfare, weaponized regulations, constitutional challenges, public health mandates, vaccine liability, institutional corruption, free speech defenses, and reforms to restore justice, accountability, and personal freedoms.

All law articles from Brownstone Institute are translated into multiple languages to reach global readers, spark international dialogue on legal rights, and support challenges to centralized power.

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.

The Power of Public Health Agencies Must Be Curbed Continue Reading

neil gorsuch

Justice Neil Gorsuch Speaks Out Against Lockdowns and Mandates 

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“Since March 2020, we may have experienced the greatest intrusions on civil liberties in the peacetime history of this country. Executive officials across the country issued emergency decrees on a breathtaking scale. Governors and local leaders imposed lockdown orders forcing people to remain in their homes.” ~ Judge Neil Gorsuch

Justice Neil Gorsuch Speaks Out Against Lockdowns and Mandates  Continue Reading

Tweet? Lose your job

Like a Tweet, Lose Your Job 

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Free speech is more than a slogan. It must be an operational reality for everyone. It can be closed down by forces other than edicts from government. It can be suppressed also by arbitrary private actions that reflect regime priorities. Ever more workers and especially intellectuals today work in an environment of fear that leads to self-censorship.

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paxton v. moderna

Was this Deceptive Trade? Paxton v. Moderna 

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Suing vaccine makers is notoriously difficult by design. Alone among private producers, they are indemnified against nearly all harm thanks to government privilege. That makes them mostly off-limits for legal liability from vaccine injuries. Eliminate that provision and the companies would not likely even be in business at all, which tells you all you need to know. However, deceptive claims are a separate issue. Finally we might have here a perfectly crafted legal position to hold these run-amuk companies accountable.

Was this Deceptive Trade? Paxton v. Moderna  Continue Reading

censorship powers

Meet the VLOPs! The EU Extends its Censorship Powers

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The European Commission announced its first list of designated Very Large Online Platforms – or VLOPs – that will be subject to “content moderation” requirements and obligations to combat “disinformation” under the EU’s Digital Services Act (DSA). As VLOPs, the designated services will be required “to assess and mitigate their systemic risks and to provide robust content moderation tools.”

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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.

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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  Continue Reading

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?

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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. 

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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.

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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.

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