Law ⋆ Page 9 of 31 ⋆ Brownstone Institute

Chevron Deference Builds the Administrative State

Robert Malone / October 28, 2023 / Government, Law / 8 minute read

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the 1984 “Chevron Deference” SCOTUS opinion is the keystone in the arch of current administrative law. And like a keystone, if the “Chevron Deference” were to be successfully challenged and significantly revised by SCOTUS (functionally pulling the keystone out of the arch), the power and integrity of the entire administrative state structure would be compromised and the strength of the unelected fourth branch of government may fall, thereby restoring balance between the remaining three (Constitutional) branches of government.

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What’s Wrong with Mandating Tests?

Alan Lash / October 27, 2023 / Law, Public Health / 8 minute read

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Take a test voluntarily if you like, if you think it will help to protect your family, friends, and all of your compatriots, or possibly if you think it will help authorities to understand the spread of disease. Respect others and do not try to infect them, as unrealistic as that notion may be. But do not submit to mandatory testing for disease.

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Supreme Court Agrees to Hear Missouri v. Biden

Aaron Kheriaty / October 27, 2023 / Law / 3 minute read

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The Supreme Court agreed to hear arguments over the Fifth Circuit’s grant of a preliminary injunction in Missouri v. Biden. The injunction would bar officials from the White House, CDC, FBI, Cybersecurity and Infrastructure Security Agency (CISA), and Surgeon General’s office from coercing or significantly encouraging social media platforms to censor constitutionally protected speech.

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The First Champion of Free Speech

Aaron Kheriaty / October 23, 2023 / History, Law / 7 minute read

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Thomas Moore’s refusal to violate his conscience cost him everything: imprisoned in the Tower of London, he was eventually beheaded by orders of the King. More was eventually canonized a Catholic saint (he is patron of lawyers and politicians—yes even politicians have a patron saint!). But he can also be considered a martyr for free speech.

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Internet Censorship, Everywhere All at Once

Debbie Lerman / October 19, 2023 / Censorship, Law, Media / 12 minute read

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The conundrum for free and open societies has always been the same: How to protect human rights and democracy from hate speech and disinformation without destroying human rights and democracy in the process. The answer embodied in the recent coordinated enactment of global censorship laws is not encouraging for the future of free and open societies.

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The Post-Cold War Origins of the Surveillance State

Andrew Lowenthal / October 17, 2023 / Law, Media / 5 minute read

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Those who have grounded themselves in politics rather than principles have created a great unmooring that has left us vulnerable to the latest political huckster and led us down a dark, dark, path. Is the speed and force of this shift enough to convince those who had abandoned free speech to renormalise it as a principle? The shoe is now on the other foot.

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Brownstone Institute - Australians vote No

The Nays Have It, and That’s Great for Australia

Ramesh Thakur / October 16, 2023 / Law, Society / 9 minute read

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The $365 million referendum, backed almost unanimously by the governing, educational, financial, media, and sporting institutions and funded generously by them using shareholder and public monies rather than their own, confirmed an alarming gap between the elites and the vast majority. It should but is unlikely to lead to any serious introspection by members of the elite.

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Thousands of New Zealand Health Service Workers Secretly Exempted from Covid Vaccine Mandates

Rebekah Barnett / October 10, 2023 / Law, Vaccines / 4 minute read

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Senior officials and high-level specialists may have been more likely to secure exemptions, leading to the public perception that ‘elite’ workers were protected from mandates, while ‘replaceable’ workers were refused exemptions.

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The High Stakes in the Legal Battle for Free Speech

Brownstone Institute / October 6, 2023 / Law / 5 minute read

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Rebuilding from the wreckage of Covid will require reclaiming those fundamental pillars of American society. The freedom to speak was not the first right earned by a people in revolt against ancient-world forms of statism but it might be the most essential. That’s why it is instantiated in the very first amendment to the Bill of Rights. If the regime can control the public mind, they can control everything else too. A loss here is a loss everywhere.

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The Costs and Casualties of Government’s Information Total War

Emily Burns / October 4, 2023 / Censorship, Law, Society / 9 minute read

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Government censorship reduces our society to just two groups of people: the censors and the censored. While it remains in place, the ranks of the censored will be ever-expanding as the censors require ever more censorship to ensure people continue to disbelieve their lying eyes.

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Legal Updates on Missouri v. Biden

Aaron Kheriaty / October 3, 2023 / Law / 4 minute read

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The Supreme Court is waiting to see what the circuit court does in this regard before hearing the government’s appeal. Regardless of whether the circuit court expands the scope of the injunction or leaves the current injunction intact, the Supreme Court will then rule on the government’s appeal of the injunction.

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Don’t Believe Your Lying Eyes

Bobbie Anne Flower Cox / October 3, 2023 / History, Law / 5 minute read

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Why are they backtracking now? Easy answers: 1) they didn’t have the authority to do any of it (all of it was unconstitutional) so they can’t justify and defend it now, and 2) if they can convince you they didn’t do it before, then you won’t mind as much when they do it again.

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