The New York Times Again Worries That Free Speech Endangers Democracy
The newspaper portrays the constitutional challenge to the government's social media meddling as a conspiracy by Donald Trump's supporters.
Democracy
Patri Friedman and Mark Lutter: Does a City Need a State?
Patri Friedman and Mark Lutter discuss free cities and "markets in governance" on the latest episode of Just Asking Questions.
Rank Choices
Plus: A listener asks the editors for short quotes from fictional works that are representative of libertarian ideas.
Land of the Negative
Plus: Migrant resettlement, Tom Cotton op-ed scandal, oppressors-in-training, and more...
New Article on "The Constitutional Case Against Exclusionary Zoning"
Coauthor Josh Braver and I argue exclusionary zoning violates the Takings Clause of the Fifth Amendment.
Taylor Swift and Political Ignorance
A recent poll finding that 18 percent of all Americans and 32 percent of Republicans believe Taylor Swift is part of a covert conspiracy effort to help Biden win reelection. This is just one example of the broader problem of political ignorance and bias.
Thoughts on the Supreme Court Oral Argument in the Trump Section 3 Case
The justices might well overrule the Colorado Supreme Court on the grounds that only Congress has power to enforce Section 3 of the 14th Amendment. Such a ruling would be a serious mistake.
Peter Meijer: Can the GOP Change?
Peter Meijer talks about his run for Senate, his Trump impeachment vote, and possibly competing against Justin Amash on the latest episode of Just Asking Questions.
C-SPAN Washington Journal Appearance on the Trump Section 3 Case
Co-blogger Josh Blackman and I debated the case that will be argued before the Supreme Court this morning.
On Economic Issues, the Populist Right and Left Share a Lot of Common Ground
That's bad news for Americans.
My Forthcoming Article on "Empowering Hispanics to Vote With Their Feet"
It's part of the annual Frankel Lecture symposium in the Houston Law Review.
My Forthcoming Publius Review of Christopher Zurn, "Splitsville, USA: A Democratic Argument for Breaking Up the United States"
The book argues democracy can be preserved and improved by breaking up the United States into two or more new nations.
My New Bulwark Article on Trump and Section 3 of the 14th Amendment
The article makes the case for disqualification on moral and pragmatic grounds, as well as legal ones.
Yes, Heavy Regulation Hurts the Economy. Just Look at France.
We're often told European countries are better off thanks to big-government policies. So why is the U.S. beating France in many important ways?
Cass Sunstein on Unifying Principles of Liberalism
The famed Harvard law professor tries to outline a set of principles liberals - broadly defined - can agree on. And it's a strong effort, even though I have a few caveats and reservations.
Maine Voters Will Decide on Bernie Sanders-Backed Utility Plan
A plan to have the state take control of Maine's two private electric utility firms has divided the political left.
Are Right-Wingers More Prone to Believe Conspiracy Theories than Left-Wingers?
An extensive new study finds that the answer is "no." Belief in conspiracy theories is about equally common on different sides of the political spectrum.
Written Version of My Talk on "How Federalism Promotes Unity Through Diversity"
This speech, which I gave at a Federalist Society conference, is now available in a written version on SSRN. It will be published by the Harvard Journal of Law and Public Policy.
SCOTUS Will Decide When the Government's Social Media Meddling Violates the First Amendment
The justices agreed to consider whether the Biden administration's efforts to suppress online "misinformation" were unconstitutional.
The Demand for Political Misinformation is a Bigger Problem than the Supply—Even in the Age of AI
Economist Tyler Cowen elaborates on some of the reasons why. The root of the problem is that voters have poor incentives to become well-informed and evaluate information objectively.
Media Critics Agree: Stop Interviewing the Bad People!
Journalism's in-house critics take a bold stance against attempting journalism, because of Trump.
Mandating Civics in Schools Won't Fix American Democracy
Who cares if Americans can't answer basic civics questions?
My New Lawfare Article on Trump and the Use of Section 3 Disqualification as a Tool to Protect Democracy Against Itself
Section 3 disqualification is justifiable as a democracy-limiting tool to protect democracy. But there are slippery-slope issues that deserve serious consideration.
Ohio's Issue 1 Doesn't Mention Abortion. But That's Why People Are Voting Today.
Plus: What media gets wrong about "book bans," Yellow Corporation to default on $700 million pandemic aid loan, and more...
Why the U.S. Hasn't Declared a Coup in Niger
The U.S. is prioritizing foreign militaries over democracies.
Why Israelis Are Taking to the Streets
The furious response to a seemingly modest reform reflects a broader dispute about the role of courts in a democracy.
A 2007 Debate Provoked by Richard Posner Illuminates the Current Clash Over Judicial Power in Israel
The appeals court judge argued that the Israeli Supreme Court had usurped the role of legislators.
Steve Calabresi on Moore v. Harper
Leading originalist constitutional law scholar comments on the Supreme Court's recent rejection of independent state legislature theory.
Modi's Rotten Human Rights Record Didn't Keep Biden From Hosting Him
"During the visit, Biden could have refrained from deep public embraces of Modi or from emphasizing India's democracy. He chose to do neither," says Michael Kugelman.
Political Ignorance and Misinformation on the Left
Liberal political commentator Matt Yglesias explains why these problems are far from being confined to the right side of the political spectrum.
A Flawed Attack on "Libertarian Elitism" About Voter Ignorance
The authors raise some reasonable issues. But they misunderstand both the libertarians they critique and the problem of political ignorance itself.
How Does the British Monarchy Survive?
Britain’s parliamentary democracy still transcends its monarchy.
Tucker Carlson is More a Symptom of Our Problems than a Cause
I have more reason than most to cheer his departure from Fox News. But it's unlikely to significantly diminish the problem of political misinformation, which is driven by demand more than supply.
Debate: Democracy Is the Worst Form of Government Except for All the Others
What is the relationship between liberty and democracy?
Is Proportional Representation On the Way?
If Congress wants to stave off such far-reaching demands, it should start behaving in ways that inspire more public confidence.
The Israeli Fight Over Judicial Review Highlights the Dangers of Unconstrained Democracy
Opponents of the proposed reforms are right that unlimited majority rule is a recipe for tyranny.
Jason Brennan's "Democracy: A Guided Tour"
The noted Georgetown political philosopher offers a valuable overview of the political theory of the strengths and weaknesses of democracy.
In the Israeli Battle Over Judicial Review, Democracy Is the Problem, Not the Solution
Opponents of the reforms favored by Prime Minister Benjamin Netanyahu's coalition should acknowledge the threat posed by unconstrained majority rule.
Biden's New Budget Would Hike Taxes and Wage Class Warfare
The higher taxes on small businesses and entrepreneurs could slow growth. Less opportunity means more tribalism and division.
A Consistent Approach to Protecting Judicial Review in Both the US and Israel
Why I oppose both right-wing efforts to neuter judicial review in Israel and left-wing attempts to do the same in the US.
New Israeli Government's Judicial Reforms are not Anti-Democratic—But they May Create a Tyranny of the Majority
By destroying judicial review, they would empower the narrow right-wing majority to violate the rights of minorities.
Russian Propaganda Has Succeeded in Persuading Credulous Americans That It Poses a Grave Threat to Democracy
Alarmists are unfazed by the lack of evidence that "foreign influence campaigns" have affected public opinion or voting behavior.
COVID Made Us Sick, But Government Responses Crippled Our Liberty
Report author: “The COVID-19 pandemic was a catastrophe for human freedom.”
Fixing Congress' Broken Appropriations Process Is Worth This Mess
This week's Republican revolt against Kevin McCarthy is actually a rank-and-file revolt against the top-down process that both parties have used to control the House in recent years.
California Continues Chasing People Away
California's economy is growing despite Gov. Gavin Newsom's policies, not because of them.
The World Is Still Getting Less Free. A Distressing Number of People Think That's Fine.
Report: “Half of democratic governments around the world are in decline.”
Some Arizona Republicans Are Refusing To Certify an Election. Is Congress Paying Attention?
What's happening right now in Cochise County, Arizona, should make the passage of the Electoral Count Reform Act even more urgent.