Peter Ferrara: Rush's fans have rights, too

By |2020-04-23T21:53:03-04:00April 5th, 2009|

While President Obama's Federal Communications Commission (FCC) prepares to attack conservative talk radio with some version of the Fairness Doctrine, Supreme Court Justice Antonin Scalia in open court last week may have thrown a bombshell into those plans.

Ken Klukowski: Government Claims Power to Ban Books and Speech

By |2020-04-23T21:53:03-04:00April 1st, 2009|

On Mar. 24, the Supreme Court heard arguments in Citizens United v. FEC, the latest installment in an ongoing series of challenges to the Bipartisan Campaign Reform Act (BCRA), better known as McCain-Feingold. This case has far-reaching implications for the future of campaign activities, and draws an important line between the right of citizens to speak out and the power of government to imprison them if they do.

ACLU Supports Pornography and Suicide

By |2020-04-23T21:53:03-04:00March 31st, 2009|

“Sexting” is a national activity of young girls taking nude or seminude photographs of themselves, and sending them out using cell phones. The photos get widely distributed, leading to harm to the girls, and in one case, to a suicide. The ACLU has sued a local prosecutor, seeking a court ruling that “sexting” is free speech, and the prosecutor should cease acting against it.

The facts for this article, but not its legal conclusions, come from an article on the MTV website on 27 March 2009. The article begins by discussing the phenomenon of “sexting,” teenaged girls sending nude or seminude photographs of themselves to others […]

Jan LaRue: Obama's Sights on Second Amendment

By |2020-04-23T21:53:44-04:00March 27th, 2009|

This op-ed originally appeared on American Thinker on March 27, 2009.

While campaigning for the U.S. Senate and then the presidency, Barack Obama said he believed in the individual right to bear arms. Those aware of his record and rhetoric reckoned he was referring to his wife’s penchant for sleeveless attire, not the Second Amendment.

During his 2004 run for the Senate, Obama said

“I think that the Second Amendment means something. I think that if the government were to confiscate everybody’s guns unilaterally that I think that would be subject to constitutional challenge.”

No kidding.

He didn’t say […]

Ken Blackwell On Mancow

By |2009-03-26T22:15:03-04:00March 26th, 2009|

On Monday, March 30, 2009 at 7:35am ET, ACRU Senior Fellow Ken Blackwell will be on The Mancow Show. He will be discussing FreedomtoListen.org and SaveRadioFreeAmerica.org. Click here to find your local station.

Jewish War Veterans of the United States of America, Inc., Steve Trunk, et al. v. City of San Diego, et al.

By |2009-03-22T14:30:39-04:00March 22nd, 2009|

The 29 foot high Latin cross atop Mt. Soledad in the San Diego suburbs has been under attack by the ACLU for 21 years now. But the cross still stands. The ACRU has joined in defense of the cross for the last 11 years. In 2005, the Congress took the cross and the land surrounding it by eminent domain, and registered it as an official federal veterans’ memorial. The ACLU sued again claiming that crosses even on federal veterans memorials are unconstitutional establishments of religion. The district court dismissed the suit, which has now been appealed to the 9th Circuit. On March 20, 2009, the ACRU filed […]

Ken Klukowski: Supreme Court Must Be Ready to Defend Conscience Clause from Obama

By |2009-03-12T10:24:55-04:00March 12th, 2009|

Barack Obama's administration has taken an extreme position on coercing doctors to participate in performing abortions even if those doctors are religiously-opposed to abortion. If this new policy becomes law, it would violate medical professionals' right to act in accordance with their conscience and violate a doctor's oath to do no harm. Should President Obama force this regulation through, the Supreme Court should strike it down.

Law Review: The Fairness Doctrine: A Solution in Search of a Problem, by Adrian Cronauer

By |2009-03-11T23:14:07-04:00March 11th, 2009|

“This Article examines the history of the Fairness Doctrine and the more common arguments offered in support of it. If the Fairness Doctrine, as interpreted by the Commission, upheld by the courts, and encouraged by Congress(note 1) were to be reinstituted, it would actually decrease the likelihood of public exposure to varying viewpoints by discouraging broadcasters from covering controversial issues. Furthermore, market forces are achieving the intended effect of the Fairness Doctrine without directly restraining broadcasters. Today’s media-rich environment and the concurrent evolution of individual media outlets catering to specific constituencies, has already allowed the “invisible hand” phenomenon to work in the marketplace of ideas, just as […]

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