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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They Said They Would Slow the Spread

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What a stunning repudiation of state policy – the worst failing of public health and public policy perhaps in the history of the US if not the entire world. We are right now living in its last days. Remember these days, my friends. They are legion and mark what is likely the end of the great fiasco. 

They Said They Would Slow the Spread Read Journal Article

The Collins and Fauci Attack on Traditional Public Health

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When we wrote the Declaration, we knew that we were putting our professional careers at risk, as well as our ability to provide for our families.  That was a conscious decision on our part, and we fully sympathize with people who instead decided to focus on maintaining their important research laboratories and activities.

The Collins and Fauci Attack on Traditional Public Health Read Journal Article

OSHA Vaccine Mandate Heads to the Supreme Court

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This really is stacking up to be a battle between the new and old normal, which is to say the expectation of normal freedoms vs. rule by a bio-security state. The results will fundamentally affect the relationship between business and government and workers and employers. If the majority gets its way here, it’s hard to see how traditional Constitutional restraints on states at any level can be maintained in the face of bureaucratic diktat as ordered by an executive. 

OSHA Vaccine Mandate Heads to the Supreme Court Read Journal Article

jacobson test

Covid-19 Vaccine Mandates Fail the Jacobson Test

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A careful reading of Jacobson shows that it is not just an automatic consideration allowing the government to do what it wants when a pandemic emergency has been officially declared. Covid-19 vaccine mandates do not satisfy any of the required criteria in Jacobson, let alone all of them.

Covid-19 Vaccine Mandates Fail the Jacobson Test Read Journal Article

I Fought for My Kids and the Liberties of Everyone: An Interview with Shannon Robinson, Plaintiff in the Anti-Lockdown Missouri Court Cases

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Shannon Robinson is a lead Plantiff who challenged the state of Missouri over what she sees as illegal and unconstitutional covid-19 policies mandated by the Department of Health and Senior Services. In this interview, she talks about her motivations and the process, and the widespread sufferings experienced by her and millions of others.

I Fought for My Kids and the Liberties of Everyone: An Interview with Shannon Robinson, Plaintiff in the Anti-Lockdown Missouri Court Cases Read Journal Article

Biden Administration Pushes Mandate Despite Court and OSHA

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If OSHA repeals the implementation and enforcement of a major edict, and a court strikes it down,  and no one knows about either rebuke – media hardly reported these events – has it really happened? The White House is presuming not.

Biden Administration Pushes Mandate Despite Court and OSHA Read Journal Article