Free Speech

Counterfeit Campaign Speech

October 16, 2018

On September 28th, California Governor Jerry Brown signed a new law that forbids the surreptitious use of bots to, among other things, influence Californians’ votes in an election. The law is a disclosure rule: the bot may speak, but it must clearly identify itself as nonhuman. Critics have suggested that California’s new law is vague…

Janus and Public Pension Funds

September 17, 2018

In last Term’s Janus v. AFSCME, the Supreme Court ruled that union agency fees—payments that all public employees were required to make to labor unions—violated the employees’ First Amendment rights. Since Janus, several commentators have pointed out that agency fees are not the only mandatory payments deducted from public employees’ paychecks. In most states, public…