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The Latest Breaking News from Philip Hamburger

Recent Books on the Constitution

My seminar picks for 2024 (and every year since 2005).

Reason

More on Coercion, Social Media, and Freedom of Speech: Rejoinder to Philip Hamburger

Prof. Hamburger continues to conflate coercion and voluntary choice.

Reason

Hamburger Responds: Prof. Somin Repeats His Errors

Round 3 in the debate between Hamburger and Somin over the First Amendment and Murthy

Reason

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read the most diverse news in one place.

Abridgement, Coercion, and Freedom of Speech: Reply to Philip Hamburger

Prof. Hamburger is wrong to argue that the use of the word "abridgment" implies that noncoercive government persuasion directed at social media firms violates the First Amendment.

Reason

Abridging, Not Coercing, Is The First Amendment's Yardstick for Speech Violations

Philip Hamburger: Prof. Somin is mistaken about Murthy v. Missouri

Reason

FAQs re Murthy v. Missouri

Philip Hamburger on How to Understand this Free Speech Case

Reason

Supreme Court to hear arguments on landmark regulatory doctrine - Roll Call

The Supreme Court will hear oral arguments in two cases that could upend how courts review decisions administrative agencies make.

Roll Call

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When Government Uses Private Companies to Regulate Speech

Federal courts must up their game to handle the new symbiosis of government power and private businesses.

Reason

Recent Books on the Constitution

My seminar picks for 2023 (and every year since 2005).

Reason

Google, Section 230 & Nohemi Gonzalez

Philip Hamburger's Op-Ed at the Federalist on a case to be argued next week

Reason

Recent Books on the Constitution

My seminar picks for 2022 (and every year since 2005)

Reason

Checks and Balances: IRS walks back use of facial recognition technology

The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process, and the rule of law.

Ballotpedia

It's Blacklisting All the Way Down

[UPDATE: See Prof. Hamburger's response below.]

Reason

Hamburger v. Parrillo on the Nondelegation Doctrine

An interesting exchange on the implications of early agency power to revise tax assessments.

Reason

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Prof. Philip Hamburger (Columbia) on the Nondelegation Doctrine

Prof. Hamburger has a very interesting article on this, Nondelegation Blues; the abstract: The nondelegation doctrine is in crisis. For approximately a century, it has been the Supreme Court's answer to questions about transfers of legislative power. But as became evident in Gundy v. United States, those answers are wearing…

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