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	<title type="text">Latest - Reason.com</title>
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		2026-08-26T21:52:27Z	</updated>

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	<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				High School's Ordering Parents to Remove Pink "XX" Protest Wristbands at Girls' Soccer Game Likely Violated First Amendment			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/26/high-schools-ordering-parents-to-remove-pink-xx-protest-wristbands-at-girls-soccer-game-likely-violated-first-amendment/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8399139</id>
		<updated>2026-08-26T22:33:12Z</updated>
		<published>2026-08-26T22:33:12Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Trans" />		<summary type="html"><![CDATA["The characteristics of the school as a place of learning reinforce that administrators cannot favor one side of a debate involving parental speech on an issue of prominent public concern, and which, in those parents' views, concerned the safety of their children."]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/26/high-schools-ordering-parents-to-remove-pink-xx-protest-wristbands-at-girls-soccer-game-likely-violated-first-amendment/">
			<![CDATA[<figure id="attachment_8399140" aria-describedby="caption-attachment-8399140" style="width: 903px" class="wp-caption aligncenter"><img fetchpriority="high" decoding="async" class="size-full wp-image-8399140" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/FellersvKelley.jpg" alt="" width="903" height="732" srcset="https://reason.com/wp-content/uploads/2026/08/FellersvKelley.jpg 903w, https://reason.com/wp-content/uploads/2026/08/FellersvKelley-300x243.jpg 300w, https://reason.com/wp-content/uploads/2026/08/FellersvKelley-768x623.jpg 768w" sizes="(max-width: 903px) 100vw, 903px" /><figcaption id="caption-attachment-8399140" class="wp-caption-text">Photo of the wristband, from the district court record.</figcaption></figure> <p>Some excerpts from the longish opinion today in <em><a href="https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/25-1442P-01A.pdf">Fellers v. Kelley</a></em>, written by First Circuit Judge Sandra Lynch, joined by Judge Jeffrey and Howard:</p> <blockquote><p>On September 17, 2024, [plaintiffs] were instructed by Bow High School officials to remove pink "XX" wristbands they wore in protest while watching their daughters (in [one plaintiff's] case, granddaughter) play in a girls' soccer game against a team with one transgender athlete. Further sanctions followed&hellip;. [W]e conclude that appellants have established a likelihood of success as to their viewpoint discrimination claim arising from the sanctions imposed on them for their passive speech in wearing these wristbands&hellip;.</p></blockquote> <p><span id="more-8399139"></span></p> <blockquote><p>The district court analyzed the school playing fields and adjacent parking lot, as appellants requested, under the mode of First Amendment law applicable to limited public fora as to impermissible viewpoint discrimination&hellip;. [The] appellee school district argues that this case must be analyzed more in the mode of <em>Tinker</em> v. <em>Des Moines</em> <em>Independent Community School District</em> (1969) &hellip; [and other cases that] recognize the particular interests inherent in the public elementary and high school settings, and the necessary discretion given to public school administrators in the difficult job of running public schools&hellip;.</p> <p>Neither of those two different classic modes of First Amendment analysis, urged on by these opposing parties, is a perfect fit for this public high school speech case, and we note that the Supreme Court has not addressed this precise question. We need not and do not reach the complex question of which (or whether) either of these alternate modes is the appropriate First Amendment type of analytical model for the facts of record here. We conclude that on these facts the differences in analysis would not affect the outcome here&hellip;.</p> <p>The school's legitimate interest in regulating certain kinds of speech on the playing field sidelines &hellip; is not demonstrated by the evidence in this record. There is no evidence that appellants' protest caused a material disruption [which would be relevant under <em>Tinker</em>]. There was no disruption until school officials chose to intervene, after which the referee suspended the game for approximately fifteen minutes and the school officials chose to impose restrictions on appellants' speech and impose sanctions. The appellants did not stage any pregame demonstrations; did not march, shout, chant, or otherwise disrupt the game; and did not confront Tirrell or any other player. Instead, they waited until halftime before donning the "XX" wristbands in a passive, silent gesture of protest. There is also no evidence of harassment, given there is no evidence in the record that any player actually saw the wristbands.</p> <p>The lack of any evidence demonstrating harassment also defeats the school district's argument that it had an affirmative duty under Title IX to protect students from the speech in which appellants engaged&hellip;. While it is true that appellants chose to protest at the September 17 game <em>because of</em> Tirrell being a player, the record does not contain evidence of appellants engaging in harassment before or during the game. To the contrary, appellants did not shout, chant, make threats, or aggressively gesture at Tirrell to communicate their views against her participation. Nor is there evidence that Tirrell or any other player even saw the wristbands or "subjectively perceived the environment to be hostile or abusive."</p> <p>Principal Fisk did note the challenges that transgender students face generally. But Fisk did not ever explain how appellants' display of the "XX" symbol constituted sufficiently severe or pervasive conduct to qualify as harassment under Title IX. And to the extent the district court concluded that the silent wearing of "XX" wristbands on the sidelines of a school soccer field, without more, always amounts to harassing speech, we disagree.</p> <p>The school district responds that it may make "predictive judgment[s]" to proactively prohibit conduct that it believes will eventually lead to an actionable Title IX claim&hellip;.. We agree with the general proposition. But the argument fails on the facts of this record&hellip;. We need not decide in this appeal whether and under what circumstances passive speech, on other facts, consisting of displaying the "XX" symbol on school property during school events could be reasonably thought to be harassing. But appellants' silent display of the "XX" symbol at the September 17 game fell short of harassment and disruption, and we conclude that the district court erred in holding that the school's interest in prevention of harassment justified the prohibition.</p> <p>While it is a closer issue, we conclude that the school district likely was not justified in sanctioning the appellants for their passive speech based on its concerns derived from the earlier exchanges with the appellants and other parents. None of appellants' reported discussions, including their possible different methods of protest reported to Bow High School officials by other parents, led to any attempt to "heckle and intimidate" Tirrell. And that was evident both before and throughout the game.</p> <p>It is true that Fellers initially attempted to convince his daughter to get the Bow High School players to wear the wristbands, but his daughter informed him that "she could not get full support from the team and was afraid that it would divide them." Fellers's Facebook post made the night before the game encouraged spectators "to protect the integrity and safety of female athletics" and "come out to support our XX Lady Falcons and show your solidarity with our girls' team." But the record shows only that the appellants and perhaps others of similar views engaged in a passive protest and only started the protest at halftime. While the school district may make predictive judgments about whether disruption may occur and "need not be certain of its forecast," it cannot use those projections to immediately suppress a passive, silent protest, that did not impair any of the legitimate school administration interests recognized by the Supreme Court.</p> <p>This brings us to the school officials' other stated reasons for sanctioning appellants. Superintendent Kelley stated that the "XX" symbol conveyed an "exclusionary" message about gender. Principal Fisk, who ordered appellants to remove the wristbands, described the symbol both as "hateful" and as "anti-trans." As to these justifications for the sanctions imposed, the record evidence demonstrates the likelihood that the school district imposed sanctions on the appellants' wearing of the wristbands because it disagreed with the protest message conveyed&hellip;.</p> <p>Although the leading Supreme Court case on viewpoint discrimination in academic limited public fora, involved colleges and not high schools, and involved a limited public forum, both significant differences, <em>Rosenberger</em>'s anguage about viewpoint discrimination is pertinent. "The government must abstain from regulating speech when the specific motivating ideology or the opinion or perspective of the speaker is the rationale for the restriction."</p> <p>The characteristics of the school as a place of learning reinforce that administrators cannot favor one side of a debate involving parental speech on an issue of prominent public concern, and which, in those parents' views, concerned the safety of their children. As the Supreme Court stated in a case involving a high school football game, "learning how to tolerate diverse expressive activities has always been 'part of learning how to live in a pluralistic society.'"</p> <p>Judge Julie Rikelman concurred in the judgment, reasoning that <em>Tinker </em>might not prohibit viewpoint-discriminatory speech restrictions, but that in this case the school district had accepted the viewpoint neutrality requirement:</p> <p>The school district accepted that the limited public forum framework applied to the facts here and conceded repeatedly, both in its brief and at oral argument, that it could restrict speech at the September 17 soccer game only for viewpoint neutral reasons&hellip;. Although it did urge us to conduct our First Amendment analysis with the principles of <em>Tinker</em> in mind, it did so only in arguing that its actions were reasonable and thus satisfied the [reasonableness] prong of the limited public forum test&hellip;.</p> <p>With the school district's concession in mind, I agree that the record lacks evidence of actionable harassment or material disruption from the plaintiffs' speech at the September 17 soccer game. The record also demonstrates that school officials likely restricted the XX symbol because they viewed it as "exclusionary" and demeaning to transgender students. That amounts to viewpoint discrimination under relevant precedent.</p></blockquote> <p>Del Kolde, Brett Nolan, and Nathan Ristuccia (Institute for Free Speech) and Richard Lehmann (Lehmann Major List, PLLC) represent plaintiffs. were on brief, for appellants.</p><p>The post <a href="https://reason.com/volokh/2026/08/26/high-schools-ordering-parents-to-remove-pink-xx-protest-wristbands-at-girls-soccer-game-likely-violated-first-amendment/">High School&#039;s Ordering Parents to Remove Pink &quot;XX&quot; Protest Wristbands at Girls&#039; Soccer Game Likely Violated First Amendment</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Prosecution of Congresswoman for Assaulting and Impeding Federal Officials at ICE Delaney Hall Detention Facility Can Continue			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/26/prosecution-of-congresswoman-for-assaulting-and-impeding-federal-officials-at-ice-delaney-hall-detention-facility-can-continue/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8399130</id>
		<updated>2026-08-26T22:02:56Z</updated>
		<published>2026-08-26T22:02:56Z</published>
			<category scheme="https://reason.com/latest/" term="Separation of Powers" />		<summary type="html"><![CDATA[Some excerpts from the long opinion in U.S. v. McIver, written by Third Circuit Judge Cindy Chung and joined by&#8230;
The post Prosecution of Congresswoman for Assaulting and Impeding Federal Officials at ICE Delaney Hall Detention Facility Can Continue appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/26/prosecution-of-congresswoman-for-assaulting-and-impeding-federal-officials-at-ice-delaney-hall-detention-facility-can-continue/">
			<![CDATA[<p>Some excerpts from the long opinion in <a href="https://www2.ca3.uscourts.gov/opinarch/253573p.pdf"><em>U.S. v. McIver</em></a>, written by Third Circuit Judge Cindy Chung and joined by Judges Stephanos Bibas:</p>
<blockquote><p>Congresswoman McIver represents New Jersey's 10th Congressional District in the United States House of Representatives and serves on the Committee on Homeland Security. On May 9, 2025, Congresswoman McIver and two other Representatives conducted an unannounced congressional oversight inspection of Delaney Hall Federal Immigration Facility, pursuant to statutory authority&hellip;. Upon arrival, Congresswoman McIver and the other Representatives entered through the security gate into the secured exterior area of the facility. They proceeded inside Delaney Hall and waited for over an hour in the facility's administrative office.</p>
<p>During that time, Newark Mayor Ras Baraka and his security detail arrived at Delaney Hall and they were allowed through the security gate into the secure exterior premises of the facility. Meanwhile, dozens of protestors and media members had amassed outside the security gate.</p>
<p>{We draw these facts from the Indictment, from evidence in the record, and as set forth by the District Court in its opinions. We accept as true the facts alleged in the Indictment for purposes of considering a motion to dismiss. Neither party challenges the facts as set forth by the District Court.}</p>
<p>The Homeland Security Investigations ("HSI") Special Agent in Charge in New Jersey (referred to in the Indictment and by the District Court as "Victim-1" or "V-1") approached the Mayor inside the security gate and advised him that he was not allowed on the premises, ordered him to leave, and told him he would be arrested if he did not comply. At that time, Congresswoman McIver and the two other Representatives left the administrative office and walked toward the security gate, where the Mayor was speaking with Victim-1. Victim-1 directed the Mayor and his security detail outside of the Security Gate to the unsecured area outside the facility, and Congresswoman McIver and the two Representatives began to walk back towards the administrative office.</p>
<p>Moments later, Victim-1 informed a group of federal agents that the United States Deputy Attorney General had authorized the Mayor's arrest, and the agents exited the secured premises and approached the Mayor and his security detail. Upon observing this, the Congressional delegation also proceeded into the unsecured area. An unidentified member of the crowd yelled, "circle the Mayor," and some protesters, as well as Congresswoman McIver and the two Representatives, encircled the Mayor as Victim-1 and the other agents pushed their way through the crowd to apprehend him.</p>
<p>Video surveillance shows Congresswoman McIver placing herself between the Mayor and Victim-1. The Indictment states that Congresswoman McIver then "slammed her forearm into the body of V-1" and "reached out and tried to restrain V-1 by forcibly grabbing him."</p></blockquote>
<p><span id="more-8399130"></span></p>
<blockquote><p>Victim-1 then handcuffed the Mayor and led him toward the security gate through a dense group of protesters. In the meantime, Congresswoman McIver and one of the Representatives also moved towards Delaney Hall to reenter the secured area. The Indictment then describes Congresswoman McIver as "push[ing] past" an ICE Deportation Officer (referred to in the Indictment and by the District Court as "Victim-2" or "V-2") while "using each of her forearms to forcibly strike V-2." Congresswoman McIver was able to reenter the secured area shortly thereafter, and she and the other two Representatives then entered the facility and conducted their oversight inspection.</p>
<p>The government charged that McIver "did forcibly assault, resist, oppose, impede, intimidate, and interfere" with a federal official or officials while the official(s) were "engaged in and on account of the performance of their official duties."</p>
<p>The actus reus alleged in Count One was that Congresswoman McIver "slammed her forearm" into V-1 and tried to restrain him by "forcibly grabbing him." The actus reus alleged in Count Two was that Congresswoman McIver "pushed past V-2 while using each of her forearms to forcibly strike V-2 as she returned inside of the secured area of Delaney Hall."</p>
<p>Count Three did not allege a separate actus reus committed by Congresswoman McIver against a specific victim; rather, Count Three relied upon the prefatory paragraphs and charged Congresswoman McIver with forcibly assaulting, resisting, opposing, impeding, intimidating, and interfering with "HSI Special Agents and ICE Deportation Officers while said Special Agents and Officers were engaged in and on account of the performance of their official duties." At Oral Argument, the Government stated that the charged conduct in Count Three encompassed "essentially all" of Congresswoman McIver's "efforts to hinder, impede the arrest of the Mayor," including those efforts that "started even inside the gate." &hellip;</p>
<p>The court held that the indictment didn't violate the Speech or Debate Clause:</p>
<p>The Speech or Debate Clause provides that "for any Speech or Debate in either House," Members of Congress "shall not be questioned in any other Place." The "central role" of the Speech or Debate Clause is "to prevent intimidation of legislators by the Executive and accountability before a possibly hostile judiciary." The Clause's protection extends beyond literal speech and debate on the floor to protect any "legislative activity" performed by a member of Congress&hellip;. The key inquiry is whether the act is " 'an integral part of the deliberative and communicative processes by which Members participate in committee and House proceedings.'"</p>
<p>The Speech or Debate Clause does not provide a blanket protection over "all things in any way related to the legislative process." It does not extend to "political matters," for example, nor does it cover activities like "'errands' performed for constituents [and] the making of appointments with Government agencies." "[I]llegitimate activities such as accepting bribes in exchange for taking official action" also fall outside the scope of the Clause's protection, "[e]ven if these non-legislative acts involve policy or relate to protected legislative activity." On the other hand, "investigative activities by lawmakers are protected by legislative immunity," because "legislative fact-finding" and the "power to investigate" are "integral part[s] of the legislative process." &hellip;</p>
<p>[McIver's being] physically within the immigration facility's property or directly outside of it &hellip; is not dispositive. Instead, to determine whether her conduct was legislative, we focus "on the nature of the act." Any conduct Congresswoman McIver took that was investigative in nature was legislative, whether that conduct took place inside Delaney Hall or directly outside of it.</p>
<p>Still, the nature of the conduct charged in Count One is non-legislative. Congresswoman McIver's physical contact with Victim-1 was not "integral" to the "deliberative and communicative processes by which Members participate in committee and House proceedings"—namely, to her inspection of Delaney Hall. This conclusion would hold regardless of whether Congresswoman McIver had physical contact with Victim-1 inside Delaney Hall or outside of it, just as the Speech or Debate Clause protects Congresswoman McIver's legitimate legislative fact-finding, whether such fact-finding occurs on or off the facility's property&hellip;. [Likewise,] the acts of pushing past and forcibly striking someone are unambiguously non-legislative: they are not integral to the legislative process&hellip;.</p>
<p>Congresswoman McIver further asserts that, per Section 527 [of the Federal Consolidated Appropriations Act], the act of entering a DHS facility "for the purpose of conducting oversight" is legislative in nature. Section 527 states in relevant part that "[n]one of the funds appropriated or otherwise made available to the Department of Homeland Security by this Act may be used to prevent any [member of Congress] from <em>entering</em>, for the purpose of conducting oversight, any [detention] facility operated by or for the Department of Homeland Security." Count Two does not charge Congresswoman McIver for entering Delaney Hall, however; it charges her for pushing past Victim-2 and using her forearms to forcibly strike him—conduct distinct from, though occurring during the process of, "return[ing] inside of the secured area of Delaney Hall." We have considered the "nature" of the charged conduct and concluded it is unambiguously non-legislative&hellip;.</p>
<p>[N]othing in the record indicates that Congresswoman McIver's entry into the secured area of the facility was an act of inspection, rather than simply a "necessary precondition" to her oversight. Whether McIver's legislative and non-legislative actions are "intertwined," as our dissenting colleague contends, might be a closer call if, for example, Congresswoman McIver asserted that she was observing Victim-2's conduct as part of her inspection and contacted Victim-2 incidentally upon re-entry into the facility as she leaned forward to read his nametag.</p>
<p>Given what she does contend, though, the nature of her conduct in entering the secured area is &hellip; not subject to the Clause's protections. Section 527's reference to "entering" a detention facility does not change our analysis. Section 527 sets forth limitations on spending and does not prescribe content for legislative duties. Its text therefore cannot transform the act of entering Delaney Hall from a "precondition" to an "integral part" of Congresswoman McIver's inspection that day&hellip;.</p>
<p>Count Three also incorporates the first 12 paragraphs of the Indictment, which describe conduct both inside and outside the security gate that allegedly prevented the Mayor's arrest. It charges Congresswoman McIver with forcibly assaulting, resisting, opposing, impeding, intimidating, and interfering with "HSI Special Agents and ICE Deportation Officers while said Special Agents and Officers were engaged in and on account of the performance of their official duties."</p>
<p>Count Three differs from the other two counts, however, in that it does not assert a specific actus reus. Instead, Count Three charges Congresswoman McIver for engaging in a range of conduct covering a broad timeframe and involving numerous unidentified victims. Indeed, the Government stated at oral argument that Count Three was intended to charge "essentially all" of Congresswoman McIver's "efforts to hinder &hellip; the arrest of the Mayor," including those efforts that "started even inside the gate."</p>
<p>The District Court did not consider these factual differences when it analyzed Counts One and Three. Rather, it grouped Counts One and Three together and focused on the narrower timeframe when Congresswoman McIver was outside the security gate. Based on the description at oral argument, though, Count Three implicates a larger range of conduct and, at a minimum, paragraphs 10-12 of the Indictment. Because the District Court did not separately assess the nature of the conduct charged at Count Three, we will remand for the District Court to consider whether the charged conduct includes legislative acts and, if so, whether Count Three can stand when eliminating such protected conduct.</p>
<p>The court also rejected McIver's separation of powers argument, and concluded that it lacked appellate jurisdiction to consider, at this stage of the proceedings, McIver's First Amendment selective prosecution argument:</p></blockquote>
<p>Judge Thomas Ambro concurred as to separation of powers, but dissented in part as to the speech or debate clause, and also argued that the court did have jurisdiction to consider the First Amendment argument. A short excerpt:</p>
<blockquote><p>[T]he Speech or Debate Clause &hellip; privilege &hellip; prevents "a criminal action &hellip; instituted by the Executive Branch" from "imperil[ling]" legislative independence by questioning a Member's motivation when exercising her core legislative duties. The duty Congresswoman McIver sought to perform when she visited Delaney Hall on May 9, 2025 strikes at the heart of the Clause's purpose: to oversee the Executive Branch. I agree with my colleagues that Count One—"slamm[ing] her forearm" into Victim-1 ("V-1") and "forcibly grabbing him," in an effort to stop the arrest of Mayor Baraka—does not implicate that protected activity. And I agree that a remand is necessary to sort out whether Count Three does so.</p>
<p>But I part with the majority's treatment of Count Two. I would vacate the District Court's denial of Congresswoman McIver's motion to dismiss that Count and remand for factual findings critical to determining whether legislative immunity attaches to the act the Count targets&hellip;.</p>
<p>Count Two charges that Congresswoman McIver "pushed past" Victim-2 ("V-2") and "us[ed] each of her forearms to forcibly strike [him] as she returned inside of the secured area of Delaney Hall." &hellip; [But] the extrinsic evidence [shows] that Congresswoman McIver's contact with V-2 was incidental to re-entering Delaney Hall to inspect the facility, an act of legislative fact-finding covered by the Speech or Debate Clause and authorized by federal law&hellip;. When a Member claims legislative privilege by proffering an "ambiguously legislative" act, as the Congresswoman does here, courts must consider the "content, motive, and purpose" of the act to determine whether immunity attaches.</p>
<p>Because I believe the context surrounding the contact between Congresswoman McIver and V-2 demands closer scrutiny than the majority's analysis affords, I part from its treatment of Count Two. I believe the District Court determined correctly that her acts were ambiguously legislative &hellip;<em>. </em>I would vacate its denial of her motion to dismiss Count Two and remand for additional fact-finding to determine whether she shoved him gratuitously, intending to inflict harm, or merely made incidental contact with V-2 in an effort to re-enter the facility that federal law authorizes her to inspect&hellip;.</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/08/26/prosecution-of-congresswoman-for-assaulting-and-impeding-federal-officials-at-ice-delaney-hall-detention-facility-can-continue/">Prosecution of Congresswoman for Assaulting and Impeding Federal Officials at ICE Delaney Hall Detention Facility Can Continue</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Court Upholds N.Y. Law Mandating Platforms Post Terms of Service and Report How Content Moderation Policies Have Been Enforced			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/26/court-upholds-n-y-law-mandating-platforms-post-terms-of-service-and-report-how-content-moderation-policies-have-been-enforced/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8399111</id>
		<updated>2026-08-26T21:06:56Z</updated>
		<published>2026-08-26T21:06:56Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Hate Speech" />		<summary type="html"><![CDATA[From Judge John Cronan (S.D.N.Y.) today in X Corp. v. James: Businesses might not always want to share every detail&#8230;
The post Court Upholds N.Y. Law Mandating Platforms Post Terms of Service and Report How Content Moderation Policies Have Been Enforced appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/26/court-upholds-n-y-law-mandating-platforms-post-terms-of-service-and-report-how-content-moderation-policies-have-been-enforced/">
			<![CDATA[<p>From Judge John Cronan (S.D.N.Y.) today in <em><a href="https://storage.courtlistener.com/recap/gov.uscourts.nysd.644431/gov.uscourts.nysd.644431.37.0.pdf">X Corp. v. James</a></em>:</p>
<blockquote><p>Businesses might not always want to share every detail about the products or services they offer. But when the government requires those businesses to speak truthfully about their offerings, the First Amendment typically allows for that kind of disclosure requirement. "Such disclosure furthers, rather than hinders, the First Amendment goal of the discovery of truth and contributes to the efficiency of the 'marketplace of ideas.'"</p>
<p>That principle resolves this case. The State of New York requires social-media companies to disclose certain aspects of their content-moderation policies. X Corp. wants to share less of its policies than New York requires, so it invokes the First Amendment to avoid New York's requirement. But the First Amendment poses no obstacle to New York's law. Here, more speech—like sunlight—is "the best of disinfectants." &hellip;</p></blockquote>
<p><span id="more-8399111"></span></p>
<blockquote><p>The [challenged] Act &hellip; it requires a "social media company" to "post terms of service for each social media platform owned or operated by the company in a manner reasonably designed to inform all users of the social media platform of the existence and contents of the terms of service." X Corp. refers to this requirement as the "Terms of Service Requirement." Under the Terms of Service Requirement, the "terms of service" publicly posted must "include &hellip; contact information for the purpose of allowing users to ask the social media company questions about the terms of service; a description of the process that users must follow to flag content, groups, or other users that they believe violate the terms of service, and the social media company's commitments on response and resolution time; and a list of potential actions the social media company may take against an item of content or a user." &hellip;</p>
<p>[T]he Act [also] requires social-media companies to semiannually "submit" to New York's "attorney general a terms of service report," which X Corp. refers to as the "Terms of Service Report." The Terms of Service Report, which the "attorney general shall make &hellip; available to the public in a searchable repository on its official internet website," must include several items, such as a platform's "current version of the terms of service" and "a complete and detailed description of any changes to the terms of service since the previous report." X Corp. takes aim at only some of the items to be included in the Terms of Service Report. It calls those items the "Content Category Report Provisions."</p>
<p>Under the Content Category Report Provisions, the Terms of Service Report must include:</p>
<p>[c] A statement of whether the current version of the terms of service defines each of the following categories of content, and, if so, the definitions of those categories, including any subcategories:<br />
[i] hate speech or racism;<br />
[ii] extremism or radicalization;<br />
[iii] disinformation or misinformation;<br />
[iv] harassment; and/or<br />
[v] foreign political interference.</p>
<p>[d] A detailed description of content moderation practices used by the social media company for that platform, including, but not limited to, &hellip;<br />
[i] any existing policies intended to address the categories of content described in paragraph (c) of this subdivision &hellip;.</p>
<p>[e][i] Information on content that was flagged by the social media company as content belonging to any of the categories described in paragraph (c) of this subdivision, including all of the following:<br />
[A] the total number of flagged items of content;<br />
[B] the total number of actioned items of content;<br />
[C] the total number of actioned items of content that resulted in action taken by the social media company against the user or group of users responsible for the content;<br />
[D] the total number of actioned items of content that were removed, demonetized, or deprioritized by the social media company;<br />
[E] the number of times actioned items of content were viewed or heard by users;<br />
[F] the number of times actioned items of content were shared, and the number of users that viewed or heard the content before it was actioned; and<br />
[G] the number of times users appealed social media company actions taken on that platform and the number of reversals of social media company actions on appeal disaggregated by each type of action.</p>
<p>And in the Terms of Service Report, "[a]ll information required by" Section 1102(1)(e)(i) "shall be disaggregated &hellip; " [by, among other things, the categories such as hate speech, disinformation, etc.]</p>
<p>Central to the parties' dispute is whether what is known as "<em>Zauderer </em>scrutiny" applies, under which "regulations requiring commercial disclosure of purely factual and uncontroversial information about the terms [through] which services will be available may survive constitutional scrutiny if they are reasonably related to the State's interest in preventing deception of consumers and are not unjustified or unduly burdensome." <em>Zauderer </em>scrutiny, the Second Circuit recently explained, "is more relaxed than ordinary intermediate or strict scrutiny." That is because the "mandated disclosure of accurate, factual, commercial information does not offend the core First Amendment values of promoting efficient exchange of information or protecting individual liberty interests," and instead "promotes" and "[p]rotect[s]" the "robust and free flow of accurate information" animating the First Amendment. "In such a case, then, less exacting scrutiny is required" than intermediate or strict scrutiny&hellip;.</p>
<p><em>Zauderer </em>scrutiny "applies to regulations on commercial speech that require" a speaker to "state purely factual and uncontroversial information about the goods or services the speaker may offer." &hellip; "[W]hile the core notion of commercial speech is speech which does no more than propose a commercial transaction," even speech which does not itself propose a commercial transaction may still be deemed commercial "based upon a number of factors, including whether the speech is an advertisement, whether the speech references a specific product, and whether the speaker has an economic motive." &hellip;</p>
<p>[T]he disclosure of information "<em>in connection with </em>a proposed commercial transaction" is "clearly commercial speech." For instance, disclosing a fast-food item's calorie content "in connection with" that item's "sale" is commercial speech. So too with disclosing to "consumer debtors &hellip; basic information about bankruptcy" when dealing with "a debt relief agency providing bankruptcy assistance." And in the social-media context, the Second Circuit has explained, the disclosure of "content moderation policies" is sufficiently connected to "the terms of the commercial transaction between the platforms and users" to be commercial speech. By contrast, a social-media company's "<em>opinions about </em>and <em>reasons for </em>those policies" are not commercial speech&hellip;.</p>
<p>[T]he Content Category Report Provisions simply require the disclosure of parts of X Corp.'s content-moderation policies &hellip;. The Content Category Report Provisions require a "statement of whether the current version of the terms of service defines" content categories like hate speech, racism, disinformation, or misinformation <em>at all</em>, and "if so," what the <em>company's </em>"definitions of those categories" are. On its face, then, Section 1102(1)(c) does not require a platform to affirmatively define these terms if it does not already have a definition, nor does the provision require a platform to explain the reasons for, or otherwise opine on, any definition it may have&hellip;. The Content Category Report Provisions further require a "detailed description of content moderation practices" including "any <em>existing </em>policies intended to address" those categories. Here, too, this provision just requires disclosing existing policies, not the reasons for or opinions about those policies&hellip;. [And] if X Corp. "does not currently have existing policies for moderating" certain content categories "based on" X Corp.'s "<em>own </em>understandings of these terms," X Corp. "can comply" with the Content Category Report Provisions "by simply disclosing that no content was flagged or actioned falling into these categories."</p>
<p>Indeed, as X Corp. freely admits in its Complaint, the Content Category Report Provisions do "not force X [Corp.] to adopt and regulate" content categories like "'hate speech,' 'racism,' 'extremism,' 'misinformation,' or 'disinformation.'" They merely "requir[e] public disclosure of the content-moderation policies" it already "adhere[s] to." Simply put, X Corp. "can adopt whatever policies [it] choose[s]," including none at all; under the Content Category Report Provisions, X Corp. "just ha[s] to disclose" any policies it adopts&hellip;.</p>
<p>Because the Content Category Report Provisions "regulat[e] &hellip; commercial speech," for <em>Zauderer </em>scrutiny to apply, they must also "require" X Corp. to "state purely factual and uncontroversial information" about its "services." &hellip;</p>
<p>The disclosures here are purely factual: the Content Category Report Provisions "merely require[] social media networks to publicly disclose their content moderation policies, whatever those policies may be, and contain[] no requirement that those policies &hellip; specifically address" any particular content categories "as defined by the statute." In other words, disclosing "content moderation policies require[s] only that social media networks make certain truthful statements concerning information material to the consumer." &hellip;</p>
<p>Such disclosure is also uncontroversial. Although X Corp.'s content-moderation "policies themselves might be controversial, the fact that <em>they are what they are </em>is not." The Content Category Report Provisions care not a whit about whether, let alone how, a social-media company actually regulates content categories like hate speech, racism, or extremism. Because they are "truly agnostic about the substance of the content moderation policy, social media networks are not required to adopt any particular policy or to address any particular category of speech—unless the[ networks] want to."</p>
<p>X Corp. challenges this premise. It complains that any disclosure would "generate public controversy," "invariably leav[ing] some set of users dissatisfied," meaning that the Content Category Report Provisions "presuppose[]" that the compelled disclosures are "controversial." But this complaint turns the <em>Zauderer </em>framework on its head: the exact same could be said of <em>any </em>compelled commercial disclosure. When facing the menu board at Burger King, a consumer may be shocked at how many calories are in a Whopper, and seek the Sweetgreen next door; a different consumer, hoping to fill up for the day, may wish for <em>more </em>calories, and head to Kentucky Fried Chicken for an eight-piece bucket; still a third may find the Whopper just right. None of that means that disclosing the number of calories in a Whopper is controversial&hellip;.</p>
<p>Because <em>Zauderer </em>scrutiny applies, the Content Category Report Provisions "pass constitutional muster if reasonably related to the State's interest in preventing deception of consumers," or "its equivalent, the non-disclosure of information material to the consumer," and "are not unjustified or unduly burdensome." They satisfy this standard. "[C]ompelling disclosure of content moderation policies without any requirements as to the scope or content of those policies &hellip; ensure[s] that users are fully informed about the terms of their engagement with a social media network, enabling them to make more informed choices about where they spend their screen time and how to interpret the content they find on a given social media network." &hellip;</p></blockquote>
<p>The court also held that the law wasn't preempted by § 230, because it doesn't actually forbid or mandate any content moderation.</p>
<p>The post <a href="https://reason.com/volokh/2026/08/26/court-upholds-n-y-law-mandating-platforms-post-terms-of-service-and-report-how-content-moderation-policies-have-been-enforced/">Court Upholds N.Y. Law Mandating Platforms Post Terms of Service and Report How Content Moderation Policies Have Been Enforced</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Reem Ibrahim</name>
							<uri>https://reason.com/people/reem-ibrahim/</uri>
					</author>
					<title type="html"><![CDATA[
				A Federal Judge Just Struck Down Texas' Anti-Drag Law, Again			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/26/a-federal-judge-just-struck-down-texas-anti-drag-law-again/" />
		<id>https://reason.com/?p=8399053</id>
		<updated>2026-08-26T20:27:39Z</updated>
		<published>2026-08-26T20:27:39Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="State Governments" /><category scheme="https://reason.com/latest/" term="Children" /><category scheme="https://reason.com/latest/" term="First Amendment" /><category scheme="https://reason.com/latest/" term="LGBT" /><category scheme="https://reason.com/latest/" term="Performance" /><category scheme="https://reason.com/latest/" term="Texas" />		<summary type="html"><![CDATA[A Texas law restricting “sexually oriented performances” was struck down after a federal judge said it could apply to everything from cheerleading to karaoke to performances by Dolly Parton, Elvis Presley, and Miley Cyrus.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/26/a-federal-judge-just-struck-down-texas-anti-drag-law-again/">
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		<p><span style="font-weight: 400">In a fitting send-off to <a href="https://www.youtube.com/watch?v=ZCZDWZFtyWY">Tim Curry</a>, a federal judge has struck down a Texas law restricting drag shows.</span></p>
<p><span style="font-weight: 400">On Tuesday, Judge David Hittner of the U.S. District Court for the Southern District of Texas </span><a href="https://www.aclutx.org/app/uploads/2026/08/2026-08-25-Supplemental-Findings-Of-dckt-165_0.pdf"><span style="font-weight: 400">ruled</span></a><span style="font-weight: 400"> that a 2023 </span><a href="https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&amp;Bill=SB12"><span style="font-weight: 400">state law</span></a><span style="font-weight: 400"> banning "sexually oriented performances" in the presence of minors violated the First Amendment.</span></p>
<p><span style="font-weight: 400">Before the ruling, businesses found hosting an event in violation of this law would have faced a fine of up to $10,000. Performers could be charged with a Class A misdemeanor, the most serious misdemeanor charge in Texas, which </span><a href="https://statutes.capitol.texas.gov/?tab=1&amp;code=PE&amp;chapter=PE.12&amp;artSec=12.21"><span style="font-weight: 400">could result</span></a><span style="font-weight: 400"> in a $4,000 fine, a year in jail, or both.</span></p>
<p><span style="font-weight: 400">The district court </span><a href="https://www.aclutx.org/app/uploads/2026/08/2026-08-25-Supplemental-Findings-Of-dckt-165_0.pdf"><span style="font-weight: 400">ruled</span></a><span style="font-weight: 400"> that the law's definitions are far too broad, finding that it could cover "countless exhibitions and events with an audience, including sports matches, cheerleading and dance contests, karaoke, musicals, art exhibitions, dressing in potentially provocative costumes at comic book conventions, ballet, and more."</span></p>
<p><span style="font-weight: 400">The ruling also states that, because the law does not specify who is responsible for determining whether a performance "appeals to the prurient interest&hellip;a single moment of eroticism could condemn an entire performance to criminal or civil penalties."</span></p>
<p><span style="font-weight: 400">The ruling cites Dolly Parton "as a voluptuous sex symbol because of her big hair, flamboyant clothes and breast exposure," Elvis Presley's "signature hip gyrations" as a "display of male sexuality," and Miley Cyrus's "twerking" during the 2013 MTV Video Music Awards as examples of performances that contain "erotic" elements that could be subject to criminal penalties under this law.</span></p>
<p><span style="font-weight: 400">Tuesday's ruling is the culmination of a yearslong legal battle that began in 2023 when the American Civil Liberties Union of Texas and Baker Botts LLP </span><a href="https://www.aclutx.org/cases/woodlands-pride-inc-et-al-v-warren-kenneth-paxton-et-al/"><span style="font-weight: 400">filed a lawsuit</span></a><span style="font-weight: 400"> on behalf of drag companies, LGBTQ groups, and an Austin-based drag queen named Brigitte Bandit, challenging the law. As </span><a href="https://reason.com/2023/09/27/federal-judge-rules-texas-anti-drag-law-violates-the-first-amendment/"><span style="font-weight: 400">reported</span></a><span style="font-weight: 400"> by </span><i><span style="font-weight: 400">Reason</span></i><span style="font-weight: 400"> at the time, the district court declared the law unconstitutionally overbroad that year. However, more than two years later, the 5th Circuit Court of Appeals ruled that the law could still be enforced and sent the case back to the district court, allowing the law to come into effect last year.</span></p>
<p><span style="font-weight: 400">Texas is among several states that have passed legislation to restrict drag shows, only for these laws to be repealed in court. In 2023, federal judges struck down anti-drag laws in </span><a href="https://reason.com/2023/06/05/trump-appointed-judge-rules-tennessees-anti-drag-law-unconstitutional/"><span style="font-weight: 400">Tennessee</span></a><span style="font-weight: 400"> and </span><a href="https://reason.com/2023/06/26/federal-judge-blocks-floridas-anti-drag-law/"><span style="font-weight: 400">Florida</span></a><span style="font-weight: 400"> on First Amendment grounds. In the case of Florida, whose anti-drag law was touted as a way to protect children from supposedly harmful live performances, District Judge Gregory Presnell </span><a href="https://caselaw.findlaw.com/court/us-dis-crt-m-d-flo-orl-div/114479724.html"><span style="font-weight: 400">ruled</span></a><span style="font-weight: 400"> the state's law was "specifically designed to suppress the speech of drag queen performers."</span></p>
<p><span style="font-weight: 400">Similarly, in Montana, a federal judge blocked the implementation of </span><a href="https://apps.montanafreepress.org/capitol-tracker-2023/bills/hb-359/"><span style="font-weight: 400">House Bill 359</span></a><span style="font-weight: 400"> in 2023. The injunction was </span><a href="https://law.justia.com/cases/federal/appellate-courts/ca9/23-3581/23-3581-2026-03-13.html"><span style="font-weight: 400">upheld</span></a><span style="font-weight: 400"> by the Court of Appeals for the 9th Circuit earlier this year. The law aimed to prohibit "drag story hours" and "sexually oriented performances" in various locations, but the court found that it had discouraged the plaintiffs—including drag performers and LGBTQ groups—from exercising protected speech because they feared prosecution. The court </span><a href="https://cases.justia.com/federal/district-courts/montana/mtdce/2:2023cv00050/73809/33/0.pdf"><span style="font-weight: 400">concluded</span></a><span style="font-weight: 400"> that it had "chilled their speech and subjected them to a reasonable fear of prosecution for engaging in protected speech and expression." Judge Brian Morris </span><a href="https://cases.justia.com/federal/district-courts/montana/mtdce/2:2023cv00050/73809/33/0.pdf"><span style="font-weight: 400">concluded</span></a><span style="font-weight: 400"> that there was "no evidence before the Court to indicate that limiting children's exposure to speech and expression critical of gender norms or by gender non-conforming people bears any relationship to promoting children's welfare."</span></p>
<p><span style="font-weight: 400">Hittner on Tuesday </span><a href="https://www.aclutx.org/app/uploads/2026/08/2026-08-25-Supplemental-Findings-Of-dckt-165_0.pdf"><span style="font-weight: 400">echoed</span></a><span style="font-weight: 400"> a similar sentiment: "For those who find such activities as described in this case offensive, the solution is relatively simple&hellip;just don't go."</span></p>
<p>The post <a href="https://reason.com/2026/08/26/a-federal-judge-just-struck-down-texas-anti-drag-law-again/">A Federal Judge Just Struck Down Texas&#039; Anti-Drag Law, Again</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Photo: IMAGO/Gabor Baumgarten/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[A photo of two people in drag attire]]></media:description>
		<media:title><![CDATA[08.26.26-v2]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Meagan O'Rourke</name>
							<uri>https://reason.com/people/meagan-orourke/</uri>
						<email>meagan.orourke@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Florida Students Punished for Silent Protest Against ICE Get Free Speech Victory in Federal Court			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/26/florida-students-punished-for-silent-protest-against-ice-get-free-speech-victory-in-federal-court/" />
		<id>https://reason.com/?p=8399070</id>
		<updated>2026-08-26T22:19:04Z</updated>
		<published>2026-08-26T19:41:41Z</published>
			<category scheme="https://reason.com/latest/" term="Campus Free Speech" /><category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Lawsuits" /><category scheme="https://reason.com/latest/" term="Protests" /><category scheme="https://reason.com/latest/" term="Federal Courts" /><category scheme="https://reason.com/latest/" term="First Amendment" /><category scheme="https://reason.com/latest/" term="Florida" /><category scheme="https://reason.com/latest/" term="Foundation for Individual Rights and Expression" /><category scheme="https://reason.com/latest/" term="ICE" />		<summary type="html"><![CDATA[A federal judge sided with the Florida International University students who sued over their school's student expression policy. ]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/26/florida-students-punished-for-silent-protest-against-ice-get-free-speech-victory-in-federal-court/">
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		<p><span style="font-weight: 400;">A group of Florida students returning to college may have scored a temporary free speech win, but their legal battle may not be over. </span></p>
<p><span style="font-weight: 400;">On Sunday, a federal judge </span><a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.720759/gov.uscourts.flsd.720759.20.0.pdf"><span style="font-weight: 400;">ruled</span></a><span style="font-weight: 400;"> that Florida International University (FIU) likely violated students' free speech rights when the school punished students for silently protesting indoors, </span><a href="https://www.axios.com/local/miami/2026/08/24/fiu-students-ice-free-speech-aclu-florida"><span style="font-weight: 400;">reported</span></a> <i><span style="font-weight: 400;">Axios</span></i><span style="font-weight: 400;">. In her ruling, U.S. Southern District of Florida Judge Jacqueline Becerra issued a preliminary injunction, preventing the school from enforcing its expressive activity rule against the students. </span></p>
<p><span style="font-weight: 400;">The case stems from an incident in March when a group of students wearing shirts saying "ICE OFF FIU" stood in silence for "a few minutes" while the school's president hosted a talk with former MLB player Alex Rodriguez on campus, </span><a href="https://www.wlrn.org/government-politics/2026-07-01/fiu-students-silent-protest-immigration"><span style="font-weight: 400;">reported</span></a><span style="font-weight: 400;"> WLRN. The students were protesting the "school's voluntary collaboration with immigration enforcement on campus," the outlet reported. </span><span style="font-weight: 400;"><br />
</span><span style="font-weight: 400;"><br />
</span><span style="font-weight: 400;">FIU charged </span><a href="https://live-awp-florida.pantheonsite.io/app/uploads/2026/08/ICEBreakers-v-Nunez-Complaint.pdf"><span style="font-weight: 400;">seven</span></a><span style="font-weight: 400;"> of the students who participated with misconduct, and six received written reprimands. The school also </span><a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.720759/gov.uscourts.flsd.720759.20.0.pdf"><span style="font-weight: 400;">ordered</span></a><span style="font-weight: 400;"> the students to record two-minute "video reflections" explaining their understanding of the school's expressive activities policy and how they will "apply" what they "learned moving forward." </span></p>
<p><span style="font-weight: 400;">The disciplinary action drew the attention of civil liberties </span><a href="https://www.aclufl.org/press-releases/federal-court-grants-preliminary-injunction-blocking-fius-blanket-ban-on-constitutionally-protected-speech-inside-university-buildings/"><span style="font-weight: 400;">organizations</span></a><span style="font-weight: 400;">, including the Foundation for Individual Rights and Expression (FIRE). On June 18, the group </span><a href="https://www.fire.org/research-learn/fire-letter-florida-international-university-june-18-2026"><span style="font-weight: 400;">sent</span></a><span style="font-weight: 400;"> a letter to FIU urging the school "to drop the conduct charges and revise its expressive activities policy to protect such expression inside university facilities." </span></p>
<p><span style="font-weight: 400;">The school did not take action. On August 11, the punished students </span><a href="https://live-awp-florida.pantheonsite.io/app/uploads/2026/08/ICEBreakers-v-Nunez-Complaint.pdf"><span style="font-weight: 400;">sued</span></a><span style="font-weight: 400;"> the school and members of its administration. In addition to requesting compensatory damages, the suit argued that </span><a href="https://regulations.fiu.edu/wp-content/uploads/2025/11/FIU-110-2024-11-25.pdf"><span style="font-weight: 400;">FIU's Regulation 110(3)</span></a><span style="font-weight: 400;">—which prohibits "protests, parades, marches, picketing, demonstrations, and other similar expressive activities" inside university buildings—"blatantly violate[d] the Plaintiffs' First Amendment rights" and should be declared unconstitutional. The rule also states that "university indoor facilities are designed for instruction, study, reflection, group discussion, research, administrative functions, and other University activities and operations," and "this provision will be enforced in a content and viewpoint neutral manner."</span></p>
<p><span style="font-weight: 400;">Becerra, citing the Vietnam War-era free speech case </span><a href="https://www.oyez.org/cases/1968/21"><i><span style="font-weight: 400;">Tinker v. Des Moines Independent Community School District</span></i></a><i><span style="font-weight: 400;">,</span></i><span style="font-weight: 400;"> found that the plaintiffs were "substantially likely to prevail" in their challenge against FIU's unconstitutional policy. The ruling also notes that "based on the evidence submitted to date, it does not appear that any Plaintiff, or anyone else wearing an 'ICE OFF FIU' T-shirt, spoke or did anything other than sit, stand, and walk." </span></p>
<p><span style="font-weight: 400;">According to </span><a href="https://www.insidehighered.com/news/quick-takes/2026/08/25/fiu-violated-student-free-speech-rights-judge-rules"><i><span style="font-weight: 400;">Inside Higher Ed</span></i></a><i><span style="font-weight: 400;">, </span></i><span style="font-weight: 400;">university officials have "previously maintained that the policy is compliant with the First Amendment and Florida laws." It's unclear whether FIU will appeal. A school representative told </span><a href="https://www.axios.com/local/miami/2026/08/24/fiu-students-ice-free-speech-aclu-florida"><i><span style="font-weight: 400;">Axios</span></i></a> <span style="font-weight: 400;">that the university would "comply with the court's order while considering our legal options." </span><span style="font-weight: 400;"><br />
</span><span style="font-weight: 400;"><br />
</span><span style="font-weight: 400;">Regardless of whether one agrees with the students' message, FIU's punishment of the silent protesters should concern free speech defenders. Perhaps the most disturbing part of FIU's punishment was forcing students to record video apologies for silently and non-disruptively expressing their views. Bret Weinstein, a longtime opponent of campus cancel culture,</span><span style="font-weight: 400;"> weighed in on the situation, writing on </span><a href="https://x.com/BretWeinstein/status/2074526649006313783?s=20"><span style="font-weight: 400;">X</span></a><span style="font-weight: 400;">, "Commitment to freedom of speech requires us to oppose compelled speech every bit as strongly as we oppose censorship." Hopefully, by this school year, other universities will adopt this principled stance. </span></p>
<p>The post <a href="https://reason.com/2026/08/26/florida-students-punished-for-silent-protest-against-ice-get-free-speech-victory-in-federal-court/">Florida Students Punished for Silent Protest Against ICE Get Free Speech Victory in Federal Court</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Photo: TheFIREorg/X]]></media:credit>
		<media:description type="html"><![CDATA[Several people wearing shirts that say "ICE OFF FIU"]]></media:description>
		<media:title><![CDATA[FIU1ACase]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Billy Binion</name>
							<uri>https://reason.com/people/billy-binion/</uri>
						<email>billy.binion@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Dolly Parton Knew What She Was Doing			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/26/dolly-parton-knew-what-she-was-doing/" />
		<id>https://reason.com/?p=8398903</id>
		<updated>2026-08-26T23:39:03Z</updated>
		<published>2026-08-26T18:46:19Z</published>
			<category scheme="https://reason.com/latest/" term="Art" /><category scheme="https://reason.com/latest/" term="Culture" /><category scheme="https://reason.com/latest/" term="Music" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Death" /><category scheme="https://reason.com/latest/" term="Obituaries" />		<summary type="html"><![CDATA[The country icon was a woman of contradictions. Or was she?]]></summary>
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		<p><span style="font-weight: 400;">Dolly Parton died yesterday. You probably already knew that. How could you not? The country icon, actress, entrepreneur, and philanthropist with high hopes and higher hair occupied a place in the American consciousness that seemed to defy gravity. Who else would attract the admiration of both <a href="https://x.com/WhiteHouse/status/2092321253038211356?s=20">President Donald Trump</a> and the <a href="https://x.com/DemSocialists/status/2092356269688697067?s=20">Democratic Socialists of America</a>?</span></p>
<p><span style="font-weight: 400;">The question isn't really whether Parton, who passed away at age 80 after a brief battle with cancer, transgressed political and cultural boundaries that often appear intransgressible. Many have made that point. And it was more than just a feeling: A </span><a href="https://www.theguardian.com/music/2026/apr/14/dolly-parton-poll-most-popular-in-the-country"><span style="font-weight: 400;">survey</span></a><span style="font-weight: 400;"> released shortly before her death found Parton had stratospheric favorability ratings, more than any other public figure in the poll. It was not close. With 70 percent of respondents expressing a <a href="https://www.uml.edu/docs/archive/2026-Nat-Pol-March-Topline_tcm18-417813.pdf">positive view</a> and about 5 percent expressing a negative one, Parton came out with 65 percent net favorability. Former President Barack Obama, in second place, had 14 percent.</span></p>
<p><span style="font-weight: 400;">The question is why. Parton was a woman of many contradictions. She grew up, in her own words, a "</span><a href="https://www.yahoo.com/entertainment/celebrity/articles/dolly-parton-her-own-words-193548875.html?"><span style="font-weight: 400;">barefooted little hick</span></a><span style="font-weight: 400;">," yet went on to live the life of a glitzy Hollywood star; born into abject poverty, she became one of the richest and rhinestoniest people on the planet. She was, in many ways, coded for a conservative audience—a country singer who identified as a devout Christian—yet often spoke about her support for progressive social causes.</span></p>
<p><span style="font-weight: 400;">Perhaps most contradictory, though, was the nucleus of her public persona. Over the years, her enlarged breasts and towering, bottle-blonde wigs—the higher the hair, the closer to God, after all—gave the impression that the woman with the girlish, crystalline voice was all cords and no brain. Meanwhile, she negotiated some of the era's shrewdest, empire-building business deals and, by her own account, may have written "Jolene" and "I Will Always Love You" on the same day. Parton eschewed advice, for example, and refused to give Elvis Presley the latter song after he demanded half of the publishing rights. Of course, it later went to Whitney Houston, whose powerhouse interpretation turned it into an international sensation. Parton subsequently </span><a href="https://pagesix.com/2026/08/25/entertainment/dolly-partons-i-will-always-love-you-has-a-surprising-true-story/"><span style="font-weight: 400;">said</span></a> it <span style="font-weight: 400;">made her "enough money to buy Graceland."</span></p>
<p><span style="font-weight: 400;">"All these years the people, you know, have thought the joke was on me," Parton told Barbara Walters in a <a href="https://www.youtube.com/watch?v=z-poIrpApkw#t=8m5s">1977 interview</a>. "But it's actually been on the public. I know exactly what I'm doing, and I can change it at any time."</span></p>
<p><span style="font-weight: 400;">This idea—that you can't size up the totality of a person by what you see—may provide insight into why Parton declined to make performative politics part of her personality, at a time when many celebrities see it as a requirement. Some of this, naturally, was a business decision: "I have as many Republican fans as I do Democrats," she said in a 2020 </span><a href="https://www.usatoday.com/in-depth/entertainment/music/2026/08/25/dolly-parton-in-her-own-words/91461375007/"><span style="font-weight: 400;">interview</span></a><span style="font-weight: 400;"> with </span><i><span style="font-weight: 400;">USA TODAY</span></i><span style="font-weight: 400;">. But it also appeared to be rooted in something deeper: an understanding that individuals are more complicated than what they can be reduced to. People crave this basic discernment, despite that it's discouraged doggedly. So people craved Dolly Parton. She was Exhibit A that there are more satisfying forms of theater than the production staged in Washington.</span></p>
<p><span style="font-weight: 400;">So, too, was Parton grounded in a reverence for the responsibility that comes with personal freedom and individuality. "I don't want to be anybody else. I'm not responsible for anybody else," she </span><a href="https://www.instagram.com/reel/DceSQdFPR8n/"><span style="font-weight: 400;">told</span></a><span style="font-weight: 400;"> CBS in 2023. "But I'm responsible for me."</span></p>
<p><span style="font-weight: 400;">This was, in some sense, another contradiction. Or so it may have seemed. Parton was, indeed, not "responsible for anybody else" in the technical sense. She did not have children. But it might sound like a curious thing for her to say when she relentlessly and unostentatiously threw chunks of her wealth at large charitable projects. That included Parton's </span><a href="https://dollywoodfoundation.org/about"><span style="font-weight: 400;">Imagination Library</span></a><span style="font-weight: 400;">, which has given hundreds of millions of books to children. (She started the project in honor of her father, who was illiterate.) She poured money into disaster relief, education, medical research, and more. A healthy understanding of personal freedom celebrates the gift of liberty while emphasizing the responsibility that comes with it. Parton clearly appreciated this marriage, and knew it did not end with herself.</span></p>
<p><span style="font-weight: 400;">That was the thing about Dolly Parton. She just seemed so </span><i><span style="font-weight: 400;">nice</span></i><span style="font-weight: 400;">. Despite her extraordinary fame, her mountains of cash, the rhinestone-studded bodices, fake boobs, and near-universal adulation, if you passed her on the street, you could be reasonably confident she'd greet you with a megawatt smile and a hug. That itself seems implausible—that someone who had all the trappings and incentives to be fake would instead, at her core, be so genuine. The joke was on us, remember?</span></p>
<p>The post <a href="https://reason.com/2026/08/26/dolly-parton-knew-what-she-was-doing/">Dolly Parton Knew What She Was Doing</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Illustration: David N Seelig/Cal Sport Media/Newscom/Ingrid Balabanova/Dreamstime/Midjourney]]></media:credit>
		<media:description type="html"><![CDATA[Dolly Parton is seen in front of a record and next to a butterfly]]></media:description>
		<media:caption><![CDATA[Dolly Parton]]></media:caption>
		<media:text><![CDATA[Dolly Parton]]></media:text>
		<media:title><![CDATA[dolly-parton-death-contradictions]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Tosin Akintola</name>
							<uri>https://reason.com/people/tosin-akintola/</uri>
					</author>
					<title type="html"><![CDATA[
				The Backlash Against Data Centers Is Bipartisan, Nationwide, and Wrong			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/26/the-backlash-against-data-centers-is-bipartisan-nationwide-and-wrong/" />
		<id>https://reason.com/?p=8399022</id>
		<updated>2026-08-26T17:52:18Z</updated>
		<published>2026-08-26T17:52:18Z</published>
			<category scheme="https://reason.com/latest/" term="Artificial Intelligence" /><category scheme="https://reason.com/latest/" term="Science &amp; Technology" /><category scheme="https://reason.com/latest/" term="Zoning" /><category scheme="https://reason.com/latest/" term="Data Centers" /><category scheme="https://reason.com/latest/" term="Disruptive Technologies" /><category scheme="https://reason.com/latest/" term="Infrastructure" /><category scheme="https://reason.com/latest/" term="Land Use" /><category scheme="https://reason.com/latest/" term="Regulation" />		<summary type="html"><![CDATA[From Texas to Ohio, political candidates are backing voters’ bad arguments for opposing data centers. ]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/26/the-backlash-against-data-centers-is-bipartisan-nationwide-and-wrong/">
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		<p><span style="font-weight: 400">Americans </span><i><span style="font-weight: 400">really </span></i><span style="font-weight: 400">don't like data centers. </span></p>
<p><span style="font-weight: 400">According to </span><a href="https://heatmap.news/daily/data-center-opposition-poll-collapse"><span style="font-weight: 400">a recent poll</span></a><span style="font-weight: 400"> from </span><span style="font-weight: 400">Heatmap Pro</span><span style="font-weight: 400">, 75 percent of Americans "would oppose a new data center being built near where they live." And as the responses from a </span><a href="https://news.gallup.com/poll/709772/americans-oppose-data-centers-area.aspx"><span style="font-weight: 400">March Gallup poll</span></a><span style="font-weight: 400"> show, opponents of these facilities think data centers are noisy, bad for the environment, and bad for property values. Other commonly cited concerns include the data centers' exorbitant water and electricity use.</span></p>
<p><span style="font-weight: 400">These would be valid reasons to oppose data centers if they weren't </span><a href="https://reason.com/2026/08/20/bad-reasons-and-worse-reasons-to-hate-data-centers/"><span style="font-weight: 400">unfounded</span></a><span style="font-weight: 400">. Yet, true to form, politicians are trying to capitalize on the misdirected public fury.</span></p>
<p><span style="font-weight: 400">On Sunday, Texas Republican Gov. Greg Abbott </span><a href="https://abcnews.com/Politics/week-transcript-8-23-26-texas-gov-greg/story?id=135865528"><span style="font-weight: 400">went on</span></a><span style="font-weight: 400"> ABC News'</span><i><span style="font-weight: 400"> This Week with George Stephanopoulos </span></i><span style="font-weight: 400">to discuss why he had "pressed pause" on new data center construction in the state. After </span><a href="https://gov.texas.gov/news/post/governor-abbott-google-announce-40-billion-investment-in-texas"><span style="font-weight: 400">calling</span></a><span style="font-weight: 400"> Texas the "epicenter of AI development" last November, Abbott recently mounted an about-face to slow data center buildout in his state. In June, he </span><a href="https://gov.texas.gov/news/post/governor-abbott-directs-puc-and-ercot-to-shield-texans-from-data-center-infrastructure-costs"><span style="font-weight: 400">ordered</span></a><span style="font-weight: 400"> the Public Utility Commission (PUC) of Texas and the Electric Reliability Council of Texas (ERCOT) to take steps to protect Texas residents "from the costs of data center expansion." In August, Abbott escalated his campaign, </span><a href="https://gov.texas.gov/news/post/governor-abbott-directs-comprehensive-data-center-audit"><span style="font-weight: 400">directing</span></a><span style="font-weight: 400"> the PUC and ERCOT to audit all data centers in the process of connecting to the state's electricity grid and </span><a href="https://reason.com/2026/08/04/greg-abbott-once-called-texas-the-epicenter-of-ai-now-hes-freezing-data-center-construction/"><span style="font-weight: 400">pause all new construction</span></a><span style="font-weight: 400"> until the audit is complete.</span></p>
<p><span style="font-weight: 400">The public backlash is understandable, Abbott </span><a href="https://abcnews.com/Politics/week-transcript-8-23-26-texas-gov-greg/story?id=135865528"><span style="font-weight: 400">said</span></a><span style="font-weight: 400">, because data centers "pop up in places that nobody ever heard of before, until they started the construction." Of course, considering the reasons people cite for opposing data centers, the middle of nowhere seems the most prudent place to build one.</span></p>
<p><span style="font-weight: 400">Abbot also </span><a href="https://abcnews.com/Politics/week-transcript-8-23-26-texas-gov-greg/story?id=135865528"><span style="font-weight: 400">accused</span></a><span style="font-weight: 400"> developers of not working "in collaboration with the state," or "with local governments," adding they "basically dug their own grave for the problem that's been caused for them, and that's why they got the backlash they deserve." Between zoning laws, environmental impact requirements, and the capital required to develop large infrastructure projects, it's hard to imagine a data center being built without collaboration from state or local government. </span></p>
<p><span style="font-weight: 400">In Texas, the city of Temple has five data centers currently approved or under construction. Each project was subject to Temple's "zoning, engineering, utility, fire, building and public review processes," </span><a href="https://www.kcentv.com/article/news/local/code-amendments-data-center-development-proposed-temple/500-a3868a5b-c794-4e45-8a0b-390fffd40745"><span style="font-weight: 400">reports</span></a><span style="font-weight: 400"> KCEN-TV, the local NBC News affiliate. Under its current approval process, the city also requires developers to outline "project-specific standards to establish and address topics such as noise, lighting, landscaping, buffering, traffic and site design." </span></p>
<p><span style="font-weight: 400">If jumping through every state and local regulatory hoop isn't collaboration enough, it's unclear what else Abbott would have data center developers do to earn public approval. Apart from the capital they invest in the data center itself, developers have also invested in the communities they're building in. </span></p>
<p><span style="font-weight: 400">Meta has committed </span><a href="https://www.kwtx.com/2026/07/22/meta-goes-live-temple-with-12-billion-ai-data-center/"><span style="font-weight: 400">$1.7 million</span></a><span style="font-weight: 400"> to funding local school districts and nonprofits in the Temple area and invested $8 million in local infrastructure improvements. Google, which has several data center projects in the state, has started a </span><a href="https://thetexan.news/state/texas-state-news/google-announces-10-million-texas-water-impact-fund/article_3b5b4040-30ec-405e-9dd3-c3a623bd51d7.html"><span style="font-weight: 400">$10 million</span></a><span style="font-weight: 400"> Texas Water Impact Fund to offset the water usage of its data centers and has </span><a href="https://blog.google/company-news/outreach-and-initiatives/sustainability/new-water-stewardship-commitments/"><span style="font-weight: 400">set a goal</span></a><span style="font-weight: 400"> to replenish more water than its developments consume by 2030. Community improvement sparked by data centers isn't limited to the Lone Star State. In Loudoun County, Virginia, the data center capital of the world, property taxes have dropped by </span><a href="https://www.nytimes.com/2026/08/19/technology/data-centers-backlash-loudoun-virginia.html"><span style="font-weight: 400">nearly 30 percent</span></a><span style="font-weight: 400"> over the past decade. In </span><a href="https://www.wsj.com/us-news/education/the-teachers-getting-50-000-bonuses-thanks-to-a-massive-meta-data-center-b4631d05"><span style="font-weight: 400">Richland Parish, Louisiana</span></a><span style="font-weight: 400">, some teachers will receive bonuses of up to $50,000 thanks to a Meta data center that is still under construction.</span></p>
<p><span style="font-weight: 400">Abbott isn't the only governor shifting with public opinion. Last week, Democratic Pennsylvania Gov. Josh Shapiro signed </span><a href="https://www.pa.gov/content/dam/copapwp-pagov/en/governor/documents/eo2026_05_protecting%20pennsylvania%20consumers%20from%20data%20center%20impacts_final_executed.pdf"><span style="font-weight: 400">an executive order</span></a><span style="font-weight: 400"> establishing what he describes as guardrails that will effectively stymie any data center development in the state. It's a far cry from last July when Shapiro gave himself a pat on the back as he </span><a href="https://www.pa.gov/agencies/oa/newsroom/under-governor-shapiro-s-leadership--pennsylvania-is-leading-the"><span style="font-weight: 400">touted</span></a><span style="font-weight: 400"> Pennsylvania's AI readiness. And last month, New York Democratic Gov. Kathy Hochul </span><a href="https://reason.com/2026/07/14/new-york-becomes-the-first-state-to-ban-new-data-centers/"><span style="font-weight: 400">signed</span></a><span style="font-weight: 400"> a first-in-the-nation, one-year moratorium on data centers.</span></p>
<p><span style="font-weight: 400">The public outcry against data center development is a problem for contenders in political races from the battle for Ohio's Senate seat to the Florida governor's mansion, </span><a href="https://www.nytimes.com/2026/08/23/us/politics/data-centers-midterm-elections.html"><span style="font-weight: 400">according to</span></a> <i><span style="font-weight: 400">The New York Times</span></i><span style="font-weight: 400">. In Texas, where Attorney General Ken Paxton is running for Senate, Paxton has unveiled a preposterous </span><a href="https://x.com/PatrickSvitek/status/2091875659958177899"><span style="font-weight: 400">four-point plan</span></a><span style="font-weight: 400"> to regulate the industry that would make data centers criminally liable for the products their AI customers make.</span></p>
<p><span style="font-weight: 400">For its part, the Trump administration has been unequivocal in its support of data centers. In July, the Environmental Protection Agency (EPA) proposed </span><a href="https://www.regulations.gov/document/EPA-HQ-OAR-2025-1212-0001"><span style="font-weight: 400">a rule change</span></a><span style="font-weight: 400"> that would make it easier under the Clean Air Act for data centers to add backup generators to their facilities. The EPA says this will give states and local authorities the discretion to choose "when, and to what extent public participation" is needed to achieve the law's goals. And in a recent interview with </span><i><span style="font-weight: 400">Punchbowl News</span></i><span style="font-weight: 400">, President Donald Trump </span><a href="https://www.youtube.com/watch?v=T9omos50y8k&amp;t=1465s"><span style="font-weight: 400">said</span></a><span style="font-weight: 400"> the developments could be "bigger than oil." </span></p>
<p><span style="font-weight: 400">Data centers are clearly unpopular. But accepting the flawed arguments of the industry's critics and introducing harmful legislation to ban the technology is tantamount to accepting mob rule.</span></p>
<p>The post <a href="https://reason.com/2026/08/26/the-backlash-against-data-centers-is-bipartisan-nationwide-and-wrong/">The Backlash Against Data Centers Is Bipartisan, Nationwide, and Wrong</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Photo: Emily Curiel/TNS/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[An anti-data center protest sign]]></media:description>
		<media:title><![CDATA[krtphotoslive966196]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>David Kopel</name>
							<uri>https://reason.com/people/david-kopel/</uri>
					</author>
					<title type="html"><![CDATA[
				What Is "Reasonable" Gun Control?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/26/what-is-reasonable-gun-control/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8399039</id>
		<updated>2026-08-26T22:13:54Z</updated>
		<published>2026-08-26T17:29:47Z</published>
			<category scheme="https://reason.com/latest/" term="Gun Control" /><category scheme="https://reason.com/latest/" term="Guns" /><category scheme="https://reason.com/latest/" term="firearms regulation" /><category scheme="https://reason.com/latest/" term="Torts" />		<summary type="html"><![CDATA[According to the Gun Control Lobbies, Everything, Including Prohibition]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/26/what-is-reasonable-gun-control/">
			<![CDATA[<p>Starting with legislation signed by New York then-Governor Andrew Cuomo in 2022, eleven states have enacted "Firearms Industry Responsibility Acts." The statutes subject firearms retailers and manufacturers to tort lawsuits for any action that is not "reasonable." The National Shooting Sports Foundation, the trade association for the firearms industry, filed a facial challenge, arguing that the statute was void for vagueness. The Second Circuit disagreed, pointing out that "reasonable" is used as a legal standard in many contexts. <em>National Shooting Sports Foundation v. James</em>, 144 F.4th 98 (2d Cir. 2025). But what does "reasonable" mean in the new liability acts?</p>
<p>A grocery store knows that its reasonable duty of care to invitees includes promptly cleaning up spills so that customers do not slip and fall. The grocery store's reasonable duty does not include monitoring the weight of its customers and barring obese customers from buying high-calorie low-nutrition foods. The plaintiffs' tort lawyers who have, in a sense, helped shape and define grocery stores' reasonable duties are not morally opposed to grocery stores.  They are not working towards a society in which there is no private ownership of food. They do not aim for a world in which the only food is what the government chooses to provide and in which the only way to eat is to line up at a government mess hall — such as in Cuba, or in China during the Great Leap Forward of 1958–62.</p>
<p>Contrast grocery store litigation with firearms litigation. On the latter, many advocates <em>do </em>seek the eradication the entire line of businesses. In the words of Mrs. Gabrielle Giffords, leader of the eponymous lobby: "No More Guns. Gone." Philip Elliott, <a href="https://time.com/6274979/gabby-giffords-gun-control/" target="_blank" rel="noopener">No More Guns. Gone': Why Gabby Giffords Isn't Giving Up</a>, Time, Apr. 26, 2023.</p>
<p>As used by the gun control lobbies that created and pushed for the "industry responsibility" statutes, what does "reasonable" mean?</p>
<p>That is the question addressed in a new Working Paper from the University of Wyoming's Firearms Research Center. (I am a Senior Fellow at the Center.) Del Schlangen, who is a recent graduate of Denver University's Sturm College of Law, and was my intern this subject, investigated how gun control groups use thee word "reasonable." His results were published this week in his monograph <a href="https://firearmsresearchcenter.org/working_papers/use-of-reasonable-in-gun-control-advocacy/"><em>Use of</em> <em>'Reasonable' in Gun Control Advocacy</em> </a>(Firearms Rsch. Ctr., Working Paper No. 2026-8).</p>
<p>He finds that "reasonable" as defined by gun control groups is simply their word of approval of all the restrictions and prohibitions they favor. Schlangen's 58-page monograph begins with a three pages of summary, and then provides a representative catalogue of 170 written uses of "reasonable" by gun control advocates. He concludes:</p>
<blockquote><p>The very advocates who assure courts that the industry duty is "well understood" (A80) or known (A81), and who assure the public that "reasonable controls" gives the industry "clear guidance" (A113) have, for nearly half a century, used "reasonable" to include banning all handguns, banning most modern rifles, banning the majority of magazines, and banning the carrying of any arm for self-defense. All lesser types of gun control are also declared to be "reasonable." Because "reasonable" means whatever the gun control lobbies desire at the moment, the word does not provide a fixed and ascertainable standard in the gun control context.</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/08/26/what-is-reasonable-gun-control/">What Is &quot;Reasonable&quot; Gun Control?</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Suspension of Couple's Gun Rights Because Their College Student Daughter Drew Allegedly Threatening Images Violated Second Amendment			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/26/suspension-of-couples-gun-rights-because-their-college-student-daughter-drew-allegedly-threatening-images-violated-second-amendment/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8399035</id>
		<updated>2026-08-27T01:52:27Z</updated>
		<published>2026-08-26T16:56:49Z</published>
			<category scheme="https://reason.com/latest/" term="Guns" />		<summary type="html"><![CDATA[A police investigation had "verified that Plaintiffs' weapons were secured in a safe and that their daughter did not have access to them."]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/26/suspension-of-couples-gun-rights-because-their-college-student-daughter-drew-allegedly-threatening-images-violated-second-amendment/">
			<![CDATA[<p>Some short excerpts from the long <a href="https://storage.courtlistener.com/recap/gov.uscourts.nyed.530528/gov.uscourts.nyed.530528.41.0.pdf"><em>Ganz v. Nassau County</em></a>, decided Monday by Magistrate Judge James Wicks (E.D.N.Y.):</p>
<blockquote><p>The Plaintiffs are residents of Nassau County, New York and have held New York State pistol licenses since 2020. The licenses were issued to Plaintiffs by the NCPD PLS [Pistol License Section]&hellip;.</p>
<p>In February of 2024, the Plaintiffs' daughter, who was enrolled in the SUNY Old Westbury College &hellip;, was admitted to a Massachusetts hospital for mental health treatment. In September 2024, a patient at the Massachusetts hospital contacted the SUNY school to report that Plaintiffs' daughter had drawn threatening images. Plaintiffs' daughter was then transported by the NCPD to Nassau University Medical Center. Plaintiffs' daughter informed the police that the picture was not depicting any type of shooting or threat.</p>
<p>The SUNY college and its police force, after having been informed of the accusation, handled the school-threat investigation. However, NCPD officers responded to Plaintiffs' home to ascertain the daughter's condition&hellip;.</p>
<p>Plaintiffs came to [Nassau County Police Investigator] Cafarella's attention on September 18, 2024, after beginning his review of a police incident report concerning the Plaintiffs' daughter. This was a result of Nassau County being notified by SUNY Old Westbury Administration that Plaintiffs' daughter was accused of drawing disturbing pictures of mass shootings&hellip;.</p></blockquote>
<p><span id="more-8399035"></span></p>
<blockquote><p>Cafarella reviewed a written report indicating that a supervisor from the 1st Precinct verified that Plaintiffs' weapons were secured in a safe and that their daughter did not have access to them. The report also indicated that Plaintiffs were pistol license holders, and that they "refused to surrender" their weapons. A lieutenant in the NCPD Homeland Security Unit, who was part of the daughter's investigation, advised the PLS that since there was "no direct message threatening a shooting," he saw no issue with Plaintiffs remaining in possession of their secured firearms.</p>
<p>Despite that, Cafarella considered Plaintiffs' daughter to be a member of Plaintiffs' household, suspended Plaintiffs' pistol licenses under the direction of then-Sgt. Russell of the PLS. This suspension was due to a "volatile mental situation" in Plaintiffs' house where a household member was hospitalized for mental health treatment, and because the Plaintiffs failed to notify the PLS of the hospitalization. Defendants dispute the last sentence to the extent that it suggests [there] were no further reasons for suspension, "which also arose from the totality of circumstances under administrative review, including Plaintiffs' decision to place their daughter in an inpatient program and safeguard their weapons outside Nassau County."</p>
<p>At no time during Cafarella's investigation between September 2024 and present date was it ever alleged that Plaintiffs' firearms were accessible by anyone other than themselves. After Plaintiffs provided Cafarella with photos of the biometric safes that contained their weapons, Cafarella was satisfied that Plaintiffs' weapons were properly stored. Cafarella did not speak with Plaintiffs' daughter or the girl who made the accusation as a part of his investigation&hellip;.</p>
<p>Cafarella required Plaintiffs to obtain a "letter of no objection" from their daughter's treating psychologist which stated their daughter's actual diagnosis. It had to also state that the doctor was aware that Plaintiffs hold pistol licenses and that the doctor had "no objection to firearms being in the house." Cafarella testified that the daughter's mental state was relevant to the PLS review. Cafarella also testified that the school-threat incident and public safety concerns were issues that the PLS sought to address as a part of its review&hellip;.</p>
<p>On October 16, 2024, and October 19, 2024, Plaintiffs surrendered their firearms to federal firearms licensee ("FFL"), Dark Storm Industries &hellip;. Plaintiffs were unable to possess their handguns or purchase new handguns until the PLS lifted the suspension of their pistol licenses.</p>
<p>Cafarella testified that even if Plaintiffs' daughter is only at the house a couple of times a month, there was still a concern as to whether she can gain access to Plaintiffs' weapons. However, Cafarella also testified that he did not consider Plaintiffs to be "dangerous" people or "&hellip; threats to public safety." Cafarella continued Plaintiffs' suspension because the PLS was "waiting to see what comes of [the daughter's] treatment and if there [were] any further incidents."</p>
<p>In March of 2025, Mr. Ganz informed Cafarella that he was unable to obtain a letter from their daughter's treating physician as requested. Cafarella then updated then-Sgt. Russell and together, they reviewed the original documents and decided to wait a number of months before reinstating the license. Cafarella explained that there is not a concrete timeline for reinstating licenses. (Id. at Rather, the duration of the suspension is based on what both the investigator and supervisor feel comfortable with and is viewed on the totality of the circumstances&hellip;.</p>
<p>In April of 2025, Cafarella recommended to then-Sgt. Russell that Plaintiffs sign an acknowledgement of wrongdoing as a condition of having their licenses reinstated. Through counsel, Plaintiffs informed Cafarella that they would not sign any such form. Seven months later, on November 20th and 21st of 2025, Plaintiffs were issued a "verbal admonishment" for failing to notify PLS of police contact within 3 business days. Only after that, Ms. Ganz's pistol license was reinstated on November 20, 2025, and Mr. Ganz's license was reinstated on November 21, 2025&hellip;.</p>
<p>[T]he PLS maintained Plaintiffs' suspensions on the grounds that they failed to submit a letter from their daughter's mental-health specialist, failed to provide information about their daughter's mental health history, and concerns surrounding Plaintiffs' prior application responses&hellip;. Notably, the suspension of a pistol license stemming from a similar case-by-case review was at issue in <em>Wysocki v. Nassau County</em> (E.D.N.Y. 2026). In <em>Wysocki</em>, the plaintiffs' firearm licenses were suspended after they failed to provide letters from their daughter's mental health specialists and purchase particular kinds of safes to store their weapons. The court held that the criteria for reinstating the plaintiffs' licenses did not stem from any law or policy, but from the defendants' own determination which was unsupported by any historical analogue&hellip;</p>
<p>Here, Defendants likewise fail to identify a single historical analogue to support this case-by-case review. Their opposition is devoid of any justification that stems back to other consistent historical traditions or case law to draw from. In short, Defendants have failed to carry their burden under <em>Bruen</em>&hellip;.</p>
<p>Defendants cannot automatically suspend a license when it is based on a cohabitant's existence of a volatile situation and not that of the licensee. There is no historical analogue. Cafarella himself testified that he did not believe that Plaintiffs were dangerous people, nor did he find that they were threats to public safety. Furthermore, Cafarella found that Plaintiffs' weapons were securely stored&hellip;.[T]he reasonable inquiry that a licensee is of good moral character is not connected to a cohabitant's mental health circumstances&hellip;.</p>
<p>Defendants failed to overcome the constitutionally protected presumption of the Second Amendment &hellip;.</p></blockquote>
<p>The court therefore allowed plaintiffs' damages claim to go forward against defendants in their official capacity.</p>
<p>Amy L. Bellantoni (The Bellantoni Law Firm, PLLC) represents plaintiffs.</p>
<p>UPDATE 8/26/2026 1:45 pm: I originally wrote in the headline, "Suspension of Couple's Gun Rights Because Their College Student Daughter Allegedly Made Threats Violated Second Amendment." I think that's accurate, but I changed "allegedly made threats" to "drew allegedly threatening images" to provide more detail.</p>
<p>UPDATE 8/26/2026 9:50 pm: Jonathan Goldstein has a forthcoming article on this subject, <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=7262441"><em>Guilty by Association: The Second Amendment and the Limits of Derivative Disarmament</em></a>; the abstract:</p>
<blockquote><p>Four recent cases—two in New York, one in New Jersey, and one in Wisconsin-share a single theory: that the government may disarm a law-abiding citizen not for anything he has done, but because of the status, dangerousness, or vulnerability of someone with whom he lives. This Article calls that theory derivative disarmament and argues that it is categorically unconstitutional.</p>
<p>After Bruen and Rahimi, the government must match any disarmament to a historical tradition, and the only tradition the Supreme Court has found reaches the dangerous individual himself-found dangerous, by a court, for a limited time. No founding-era regime disarmed a man for his household's condition; the closest analogue, the frankpledge, imposed a duty to produce the wrongdoer, never a forfeiture of the innocent's arms. Two decisions from the Court's most recent Term supply the measure. Wolford v. Lopez fixes the three inquiries a proffered analogue must survive, and the tradition these states invoke-disarming the dangerous-survives the first two and fails the third: it burdens a different person, on a different showing, for a different reason. United States v. Hemani warns that a power to "designate any group as dangerous" would "risk allowing it to" "quickly swallow" the Amendment. The</p>
<p>Article confronts the hardest version of the state's case—that a cohabitant's circumstances may be folded into a storage or character inquiry about the applicant himself—and shows it to be an associational penalty under a nominally neutral label. It then meets the authority against it: United States v. Huet, the scholarship of Blocher and Wilson, a 2025 Massachusetts decision keyed to a household under a statutory clause since repealed, and In re Clark, the one decision squarely sustaining derivative disarmament. Most are cases about the applicant's own conduct or about an order already entered against someone dangerous; the two that do reach status reached it only through statutory text since narrowed (Dwiggins) or by a methodology Bruen displaced (Clark).</p>
<p>The Article proposes a bright line: the state may disarm the dangerous actor directly, but it may never disarm Person A for Person B's status—and an access finding must rest on the applicant's own act or stated intention, never on a shared address. The rights of the Bill of Rights are personal, and they are lost, if at all, only for what their holder has himself done.</p></blockquote>
<p>&nbsp;</p>
<p>The post <a href="https://reason.com/volokh/2026/08/26/suspension-of-couples-gun-rights-because-their-college-student-daughter-drew-allegedly-threatening-images-violated-second-amendment/">Suspension of Couple&#039;s Gun Rights Because Their College Student Daughter Drew Allegedly Threatening Images Violated Second Amendment</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Joe Lancaster</name>
							<uri>https://reason.com/people/joe-lancaster/</uri>
						<email>joe.lancaster@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Trump Threatens To Demolish Kennedy Center Unless He Can Put His Name on It			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/26/trump-threatens-to-demolish-kennedy-center-unless-he-can-put-his-name-on-it/" />
		<id>https://reason.com/?p=8398864</id>
		<updated>2026-08-26T20:41:18Z</updated>
		<published>2026-08-26T16:20:19Z</published>
			<category scheme="https://reason.com/latest/" term="Lawsuits" /><category scheme="https://reason.com/latest/" term="D.C." /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Federal government" /><category scheme="https://reason.com/latest/" term="John F. Kennedy" /><category scheme="https://reason.com/latest/" term="Trump Administration" /><category scheme="https://reason.com/latest/" term="Washington" />		<summary type="html"><![CDATA[Just like he's doing with the White House ballroom, Trump suggests he would rather bulldoze a federal structure and build something else in its place, no matter what the law says.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/26/trump-threatens-to-demolish-kennedy-center-unless-he-can-put-his-name-on-it/">
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										alt="The Kennedy Center | Andrew Leyden/ZUMAPRESS/Newscom"
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		<p>This week, the Department of Justice (DOJ) argued that if President Donald Trump is not allowed to add his name to the John F. Kennedy Center for the Performing Arts, then he may have no choice but to raze the entire structure and start from scratch.</p>
<p>It was the latest salvo in the increasingly ridiculous saga of Trump's desperate attempts to add his name to a building, no matter what the law may say.</p>
<p>The Kennedy Center is <a href="https://www.kennedy-center.org/our-story/history/">structured</a> as partly public and partly private: It receives federal money for maintenance and upkeep, but its programming is funded through ticket sales. Originally called the National Cultural Center, Congress passed a <a href="https://www.congress.gov/bill/88th-congress/senate-joint-resolution/136/text">resolution</a> renaming it after Kennedy in 1964.</p>
<p>Since retaking office, Trump has had the center in his sights. "We don't need woke at the Kennedy Center," he <a href="https://reason.com/2026/06/05/trumps-failed-kennedy-center-takeover-shows-why-art-and-government-dont-mix/">said last year</a>, complaining about its programming. During a visit, he <a href="https://www.nytimes.com/2025/03/18/arts/music/trump-kennedy-center.html">said</a> the facility was in "tremendous disrepair" and lamented that "the whole place needs work."</p>
<p>Heeding Trump's request, in last year's <a href="https://www.congress.gov/bill/119th-congress/house-bill/1/text">One Big Beautiful Bill Act</a>, Congress apportioned more than $256 million "for capital repair, restoration, maintenance backlog, and security structures" at the Kennedy Center.</p>
<p>In practice, that seems to have largely consisted of reshaping the center in Trump's image. He <a href="https://www.npr.org/2025/02/12/nx-s1-5294697/trump-kennedy-center-chairman">replaced</a> the 18 Democratic appointees on the Kennedy Center Board of Trustees with loyalists, who immediately appointed him chairman. Then in December, they <a href="https://www.cnn.com/2025/12/18/politics/trump-kennedy-center-name">voted</a> to change the building's full name to The Donald J. Trump and The John F. Kennedy Memorial Center for the Performing Arts; a crew added the new letters to the building's facade the following day.</p>
<p>Rep. Joyce Beatty (D–Ohio), a dismissed board member, <a href="https://reason.com/2026/06/01/trump-broke-the-law-when-he-slapped-his-name-on-the-kennedy-center-a-federal-judge-says/">sued</a> to stop the changes, arguing that they violated the original statute.</p>
<p>A federal judge agreed: The 1964 law "makes crystal clear that the Center is to be named for President Kennedy, and it cannot bear any other formal name or public memorial based on the Board's unilateral say-so," <a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.287972/gov.uscourts.dcd.287972.50.0_5.pdf">wrote</a> Judge Christopher Cooper of the U.S. District Court for the District of Columbia. "Congress gave the Kennedy Center its name, and only Congress can change it."</p>
<p>The board begrudgingly complied with Cooper's order, <a href="https://www.nbcnews.com/politics/donald-trump/new-photos-show-trump-name-removed-kennedy-center-facade-rcna351311">removing</a> the extra letters even while keeping the building covered with a tarp. But then this month, the trustees <a href="https://reason.com/2026/08/16/the-kennedy-center-board-is-trying-to-add-trumps-name-to-the-building-again-why/">voted again</a>, this time to add the text "Restored and Renovated by President Donald J. Trump."</p>
<p>Beatty filed an <a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.287972/gov.uscourts.dcd.287972.67.0.pdf">emergency motion</a> seeking to prevent this action as well. In a reply filed this week, DOJ attorneys claimed that if not allowed to add the president's name, the government may just tear down the entire structure.</p>
<p>Before Trump's intervention, the Kennedy Center was "a financially insolvent facility, housed in a decrepit, dilapidated, crumbling building, that is bleeding hundreds of millions of dollars in losses, and continues to race toward physical and financial ruin," claimed the <a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.287972/gov.uscourts.dcd.287972.68.0.pdf">filing</a>. "To bring this sick and poorly run facility back to health will require time, energy, talent, and large amounts of money. Upon re-taking office in 2025, President Trump assumed that challenge."</p>
<p>The filing noted the disbursement from last year's spending bill and said Trump also "marshalled a new donor base," which, taken together, "promise to raise hundreds of millions of dollars to fund desperately needed structural improvements, thereby making the Center physically and financially secure for generations to come and, perhaps most importantly, to make the Center structurally safe from collapse or calamity."</p>
<p>That's all well and good, but what does it have to do with a vanity inscription? "Without the prominent recognition of The Trump Administration, and President Trump's efforts, the donors will not contribute, and the Center will continue to be in a financial and structural death spiral," the filing warns. "The Trump Administration, and President Donald J. Trump, should, therefore, be given the respect and dignity of acknowledgement."</p>
<p>In fact, if it does not bear the president's name, "the Center will deteriorate further into an unsafe, decrepit structure that will be required to be taken down, with a determination to follow on what to build on the site, such as a large outdoor amphitheater overlooking the Potomac River that has been proposed, by some, for many years."</p>
<p>This is ludicrous for many reasons. In fact, before Trump reentered office in January 2025, the Kennedy Center was doing rather well, even netting a $6 million <a href="https://www.cbsnews.com/news/what-is-the-future-of-the-kennedy-center/">surplus</a> in 2023. Meanwhile, ticket sales and donations <a href="https://www.washingtonpost.com/style/2026/08/25/kennedy-center-revenue-plunged-after-trumps-name-went-building/">dried up</a> <em>after</em> Trump took over with promises of slapping his name on the building and playing an active role in choosing what events are held there.</p>
<p>Indeed, while Trump pledged to rid the center of "woke" programming, "his remedy was to replace one alleged strain of ideological capture with another," <em>Reason</em>'s Billy Binion <a href="https://reason.com/2026/06/05/trumps-failed-kennedy-center-takeover-shows-why-art-and-government-dont-mix/">wrote in June</a>.</p>
<p>The idea that without urgent action the building will crumble to dust also seems unfounded. In 2021, the Government Accountability Office <a href="https://www.gao.gov/products/gao-21-446">found</a> that while the Kennedy Center needed to get a better handle on some of its record keeping, it otherwise "met most selected practices for operations and maintenance."</p>
<p>Further, the notion of replacing the building with an amphitheater is a total non sequitur, though it's possible that it reveals Trump's real preference: While addressing the board of trustees last year, he <a href="https://www.presidency.ucsb.edu/documents/remarks-dinner-for-the-board-trustees-the-john-f-kennedy-center-for-the-performing-arts">complained</a> about the building's design and noted, "I always thought they should have built a beautiful performing center, open air, facing out over the Potomac. They didn't do that."</p>
<p>Obviously, this would make a complete mockery of the constitutional separation of powers; if federal law doesn't let him name the building after himself, it certainly doesn't allow him to knock the whole thing down and build whatever he'd rather see in its place.</p>
<p>Then again, that's exactly what he's doing just over a mile away: Last year, Trump <a href="https://reason.com/2026/04/06/with-his-grandiose-white-house-ballroom-plan-trump-again-asserts-the-power-to-do-as-he-pleases/">demolished</a> the East Wing of the White House, with plans to build a giant ballroom in its place. When a judge ruled that federal law put such a project outside the president's authority, the Department of Justice <a href="https://reason.com/2026/06/09/doj-claim-that-trump-could-bulldoze-statue-of-liberty-fits-a-pattern/">argued</a> that Trump's power went much further, and if he wanted, he could tear down the Statue of Liberty.</p>
<p>Given that argument, knocking down and replacing the Kennedy Center with an outdoor amphitheater seems downright restrained.</p>
<p>The post <a href="https://reason.com/2026/08/26/trump-threatens-to-demolish-kennedy-center-unless-he-can-put-his-name-on-it/">Trump Threatens To Demolish Kennedy Center Unless He Can Put His Name on It</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Andrew Leyden/ZUMAPRESS/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[The Kennedy Center]]></media:description>
		<media:title><![CDATA[zumaamericasfifty890777]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Elizabeth Nolan Brown</name>
							<uri>https://reason.com/people/elizabeth-nolan-brown/</uri>
						<email>elizabeth.brown@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Texas Moves To Protect Kids—and Women—From 'Demonic' Sex Education Book			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/26/texas-moves-to-protect-kids-and-women-from-demonic-sex-education-book/" />
		<id>https://reason.com/?p=8398901</id>
		<updated>2026-08-26T16:02:07Z</updated>
		<published>2026-08-26T16:02:07Z</published>
			<category scheme="https://reason.com/latest/" term="Education" /><category scheme="https://reason.com/latest/" term="Public schools" /><category scheme="https://reason.com/latest/" term="Sex" /><category scheme="https://reason.com/latest/" term="Teenagers" /><category scheme="https://reason.com/latest/" term="Texas" />		<summary type="html"><![CDATA[The book is part of a wider spate of "dirty" and "vulgar" books that authorities want yanked, including an educational book that mentions animal penis sizes and classic literature by authors like Tennessee Williams and Maya Angelou. ]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/26/texas-moves-to-protect-kids-and-women-from-demonic-sex-education-book/">
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										alt="Cover of the book &#039;Let&#039;s Talk About It&#039; in front of the Texas state flag | Penguin Random House. Illustration: Fatima Ruiz/Midjourney."
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		<p>"We're coming for the books," said Texas Lt. Gov. Dan Patrick, apparently aiming to sound as much like an arch cartoon supervillain as possible. Last week, Patrick <a href="https://youtu.be/In1gLIp_suY?si=7UsEyksn4_0zuzHy">held a press conference</a> alongside conservative activist Bonnie Wallace to take issue with what he called "dirty, filthy, and vulgar books"—and Wallace called "demonic content"—in school libraries.</p>
<p>Also in today's newsletter: Meta <a href="http://reason.com/2026/08/26/texas-moves-to-protect-kids-and-women-from-demonic-sex-education-book/#meta">settles</a> for $16.68 billion, Dolly Parton's <a href="http://Https://reason.com/2026/08/26/texas-moves-to-protect-kids-and-women-from-demonic-sex-education-book/#more">Playboy</a><a href="http://Https://reason.com/2026/08/26/texas-moves-to-protect-kids-and-women-from-demonic-sex-education-book/#more"> interview</a>, anti-phone <a href="http://reason.com/2026/08/26/texas-moves-to-protect-kids-and-women-from-demonic-sex-education-book/#substack">phone marketing</a>, getting answers on <a href="http://reason.com/2026/08/26/texas-moves-to-protect-kids-and-women-from-demonic-sex-education-book/#news">government hacking</a>, and more.</p>
<h2>'Demonic' Sex Education Content?</h2>
<p>The content in question in Texas is&hellip;a sex education book aimed at high-school audiences. <i>Let's Talk About It: The Teen's Guide to Sex, Relationships, and Being a Human</i> was the main offender highlighted by Patrick and Wallace. And from their hype, one would think the 2021 book—by married couple Erika Moen and Matthew Nolan—featured explicit pornography, perhaps alongside a guide to gangbangs and instructions on making your own Satan-shaped sex toys.</p>
<p>But from what I can tell, it's a pretty normal and age-appropriate sex education book. The book's publisher <a href="https://www.penguinrandomhouse.com/books/605726/lets-talk-about-it-by-erika-moen-and-matthew-nolan/">says</a> it's intended for audiences ages 14 and up. It covers, in conversational comic-book form, topics like consent, setting sexual boundaries, how to deal with rejection, contraception, and preventing sexually transmitted diseases. It includes messages like "It's okay to avoid sexy activities if they don't interest you" or "to never have sex if you know it's not for you."</p>

<p>There are a few pages featuring explicit (cartoon) images of nude bodies, but these are not erotic images. Some come in a section of a chapter on body image that discusses insecurity and the importance of not comparing yourself to others. Others come in a biology lesson about hormones, genitals, and sex characteristics.</p>
<p>There <em>are</em> also mentions of things like polyamory, sex toys, masturbation, porn, and sexting. But these aren't included in a gratuitous or overly graphic way. They're presented in an educational manner, albeit on topics that clearly some people in Texas think teens—and perhaps adult women—shouldn't know about.</p>
<p>"These are books that are so disgusting, so filthy, so dirty, so vulgar, so pornographic that for the ladies here, I wouldn't even open it and show you," Patrick said. "I didn't show the female senators last session&hellip;.We passed [<a href="https://www.kxan.com/news/texas-politics/texas-parents-school-boards-may-have-more-control-over-school-library-books-after-house-oks-bill/">Senate Bill 13</a>], but I did it without."</p>
<p>It's rare that men in power make explicit how much they view women—including female colleagues—like children, but here we are!</p>
<blockquote class="bluesky-embed" data-bluesky-uri="at://did:plc:34ydeurdtukrpzjjelklch4y/app.bsky.feed.post/3mthvc7asi22g" data-bluesky-cid="bafyreie65t6j3e543ilvmit6h4agq6gswn56hd55mjnhgsjddlvpidksda">
<p lang="en">Sex censorship has always been rooted in patriarchal &#34;protection&#34; of children and women (whom they consider children). Imagine telling a room full of colleagues — fellow legislators! reporters! — that they must be protected from anodyne discussions of sex in a book meant for kids 14 and up.</p>
<p>&mdash; <a href="https://bsky.app/profile/did:plc:34ydeurdtukrpzjjelklch4y?ref_src=embed">Mike Stabile (@mikestabile.bsky.social)</a> <a href="https://bsky.app/profile/did:plc:34ydeurdtukrpzjjelklch4y/post/3mthvc7asi22g?ref_src=embed">2026-08-19T23:32:16.663Z</a></p></blockquote>
<p><script async src="https://embed.bsky.app/static/embed.js" charset="utf-8"></script></p>
<p>The <a href="https://tea.texas.gov/taa-letters/senate-bill-13-requirements-related-school-library-materials">bill</a> Patrick mentioned, passed last year, gives parents more power to challenge the presence of particular books in school libraries and gives school boards final say over what's allowed on library shelves.</p>
<p>Patrick "also said that state legislators would file a bill next session that requires the Texas Education Agency to lower a school's accountability grade if it has any copies of a challenged book on its shelves," <a href="https://www.kxan.com/news/texas-politics/were-coming-for-the-books-lt-gov-patrick-wants-to-remove-dirty-books-from-public-schools/">KXAN reports</a>.</p>
<p>"We're not banning books," Patrick stressed at the press conference. "You can buy any book you want to buy, and many you can find in public libraries."</p>
<p>Fair enough—though I'm not entirely convinced folks like Patrick wouldn't <i>try</i> to ban certain books if the First Amendment allowed it. But authorities needn't literally ban books like <i>Let's Talk About It </i>in order to warrant criticism.</p>
<p>In this case, we've got the state's lieutenant governor pressuring schools across the state to remove particular books from their libraries and touting legislation to tie school rankings to how well schools comply.</p>
<p>That's quite different from individual school librarians, administrators, or boards deciding not to stock those books on their own school's shelves. It's not an outright ban, sure, but it is a heavy-handed approach. And it seems certain to render a wide range of books out of reach for many students, who may not have money of their own to buy them or face various barriers to checking them out from public libraries (including that public libraries, especially in conservative areas, could be bullied into removing these books too).</p>
<p>It also leaves little room for schools and school districts to make their decisions about what is appropriate. Patrick actually complains that some school districts have resisted pressure to remove particular books from school libraries.</p>
<p>I get why books like <i>Let's Talk About It </i>might make some people uncomfortable. (Heck, I probably blushed reading a few sections.) But if we don't want teenagers to learn about sexuality largely from online porn, then books like this—which talk about a wide range of relationship and sexuality topics in a frank way—could be important.</p>
<p>It seems clear that for Texas authorities, the issue isn't this book being literally obscene or particularly pornographic but that it's talking to teens about things like sex and masturbation at all. It's also hard not to suspect that some of the issue, too, is its inclusion of same-sex couples and statements like "gender is so much bigger than male and female."</p>
<p>At the press conference, Patrick's office gave attendees copies of <i>Let's Talk About It</i> with five pages flagged. According to KXAN, these included:</p>
<blockquote>
<ul>
<li>A disclaimer that says to consult a medical professional for health information.</li>
<li>Two pages referencing sex toys (one says they exist; the other warns that inserting things without a flared base into an anus can result in a hospital visit).</li>
<li>Two pages discussing pornography (noting it may be illegal to view depending on a person's age or region, and that it can be unrealistic or unethical).</li>
</ul>
</blockquote>
<p>Patrick went on to bash a book about animal reproduction (<em><a href="https://www.amazon.com/dp/1776572912/ref=nosim?lv=shuf&#038;channelId=500&#038;plpRedirect=mhFallback&#038;tag=reasonmagazinea-20">Do Animals Fall In Love?</a></em>) for "measur[ing] the penis size of over 80 animals."</p>
<p>Patrick's <a href="https://drive.google.com/file/d/1_IOOUZHvYbBnngH85zeM07bwav_T83hi/preview">list</a> of "filthy," "dirty," and "vulgar" books contains almost 2,200 books that he wants banned from public school shelves. "The list heavily focuses on LGBTQ+ titles, gender-identity topics, sex education, body-awareness, romance titles," <a href="https://www.khou.com/article/news/local/full-list-books-dan-patrick-school-libraries/285-dccb696d-e6d8-4a6b-88e1-c1e06e4c800a">notes</a> KHOU.</p>
<p>It includes all sorts of respected literature—from contemporary young-adult books like <i>The Perks of Being a Wallflower</i> and <i>The Fault In Our Stars</i> to classics like <i>The Glass Menagerie</i> by Tennessee Williams, <i>Flowers for Algernon</i> by Daniel Keyes,<i> The Bluest Eye</i> by Toni Morrison, <i>The Picture of Dorian Gray</i> by Oscar Wilde, and <i>I Know Why the Caged Bird Sings</i> by Maya Angelou. Other titles on the list include such as <i>Ab(solutely) Normal: Short Stories That Smash Mental Health Stereotypes</i>, <i>Anne Frank's Diary: The Graphic Adaptation</i>, <i>Better Than We Found It: Conversations to Help Save the World</i>, <i>Launching Our Black Children for Success</i>, <i>We Need To Talk About Vaginas</i>, and <i>LGBTQ Human Rights Movement</i>.</p>
<hr />
<h2>In the News</h2>
<p id="meta"><strong>Meta settles for $16.68 billion.</strong> Whoa—as I was writing this newsletter this morning, news broke that Meta has settled with the states accusing it in court of deliberately designing platforms like Facebook and Instagram to make children addicted. From <a href="https://www.reuters.com/world/us/meta-settles-with-us-states-over-social-media-harms-2026-08-26/">Reuters</a>:</p>
<blockquote><p>The settlement resolves claims brought by 29 U.S. states, and will end a federal trial that had been one of the highest-profile tests yet of allegations that social media companies harmed young users.</p>
<p>Meta will impose daily usage limits and restrict nighttime usage by children ​who use Facebook and Instagram, and enhance measures to prevent children from accessing age-restricted content.</p>
<p>The Menlo Park, California-based company denied ​wrongdoing in agreeing to settle.</p></blockquote>
<p>I can understand why they did this, but&hellip;ugh. It seems destined to only empower state authorities, who will say this proves that they were right, and to encourage more <a href="https://reason.com/2026/08/12/another-social-media-addiction-trial-starts-today-its-claims-are-weak-but-dangerous/">lawsuits that try to circumvent the First Amendment and Section 230</a> by claiming their problems with social media platforms are about "product design," not speech.</p>
<hr />
<p id="news"><strong>Government hackers</strong>: Some senators want answers on how often federal law enforcement hacks Americans' phones. <a href="https://www.politico.com/newsletters/national-security-daily/2026/08/21/no-easy-encore-for-trump-and-kim-jong-un-01045940">From <em>Politico</em></a>:</p>
<blockquote><p>Sen. RON WYDEN (D-Ore.) and Rep. GREG CASAR (D-Texas) <a href="https://www.wyden.senate.gov/imo/media/doc/08212026wydenledlawenforcementhackinglettertogao.pdf" target="_blank" rel="noopener">sent a letter to GAO</a> today asking that it study how federal law enforcement agencies are using spyware technologies to access the mobile devices of Americans, particularly by agencies including the departments of Homeland Security and Justice.</p>
<p>GAO spokesperson Sarah Kaczmarek said Friday that the agency "has received the congressional requests. GAO has a process it goes through to determine whether we do work and when, which we are working through right now."</p></blockquote>
<p>From their letter:</p>
<blockquote><p>While federal law enforcement agencies have used hacking and spyware as an investigative tool for more than 25 years, there exists little public information regarding its scope, frequency, or operational safeguards. Unlike traditional surveillance authorities, such as wiretaps or pen registers, the government does not publish annual reports for hacking operations. Furthermore, while the Department of Justice (DOJ) and Department of Homeland Security (DHS) have established public policies governing their use of surveillance technologies like cell-site simulators ("Stingrays"), no comparable public policies exist that govern federal hacking. Moreover, DOJ and the Federal Bureau of Investigation (FBI) have repeatedly ignored congressional requests for greater transparency across multiple administrations.</p></blockquote>
<hr />
<h2>On Substack</h2>
<p id="substack"><strong>Could smartphones become obsolete?</strong> Kate Lindsay of the <em>embedded</em> newsletter <a href="https://embedded.substack.com/p/anti-phone-phone-marketing-is-here">notices a rise in "anti-phone phone marketing,"</a> in which companies like Google and Apple are pushing "for people to spread their screen time out across multiple devices":</p>
<blockquote><p>I went back to watch <a href="https://www.youtube.com/watch?v=hF8swzNR1-o">Apple's WWDC event</a> from June, and while they didn't explicitly use anti-phone language, they're taking the same general approach, referring to their suite of products as a "common foundation of technologies." In other words: No phone? No problem. Wear our smartwatch and put on our smartglasses, and watch us blend seamlessly into the very fabric of your day-to-day life. It's exactly what Embedded predicted would happen a year ago after the introduction of Liquid Glass: <a href="https://embedded.substack.com/p/scrolling-is-over">Scrolling is over</a>.</p>
<p style="padding-left: 40px;">The death of the social feed and the introduction of this design suggests we are indeed on that precipice of an entirely new way of interacting with technology: We don't want an everything app on one piece of everything tech. We want our tech everywhere, to follow us as we move throughout the world, all feeding into a personalized digital ecosystem—our virtual realities.</p>
<p>Through this lens, I can see my phone becoming a relic—a clunky thing that our kids will only ever have ironically, or, like early digital cameras now, a nostalgic escape from whatever tech we'll be using then.</p></blockquote>
<p>Will that happen? I'd love to know what <em>Sex &amp; Tech</em> readers think.</p>
<hr />
<h2>Read This Thread</h2>
<p id="thread">Pushback against blaming ChatGPT for suicide:</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Really frustrating coverage of a woman who died by suicide, attributing to much of it to ChatGPT. There&#39;s a lot missing here, and some obvious things they didn&#39;t point out.</p>
<p>For one, talking to a therapist about suicidal thoughts can mean you end up being sent to a mental&hellip; <a href="https://t.co/EPPeClqmHN">pic.twitter.com/EPPeClqmHN</a></p>
<p>&mdash; Shoshana Weissmann, Sloth Committee Chair <img src="https://s.w.org/images/core/emoji/17.0.2/72x72/1f9a5.png" alt="🦥" class="wp-smiley" style="height: 1em; max-height: 1em;" /> (@senatorshoshana) <a href="https://x.com/senatorshoshana/status/2092322496376914245?ref_src=twsrc%5Etfw">August 25, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<hr />
<h2>More Sex &amp; Tech News</h2>
<ul>
<li><span style="font-family: itc-slimbach, 'Times New Roman', serif; font-size: 20px; font-weight: 400;">"And I mean, who else but Dolly Parton should be on the cover of </span><em style="font-family: itc-slimbach, 'Times New Roman', serif; font-size: 20px; font-weight: 400;">Playboy</em><span style="font-family: itc-slimbach, 'Times New Roman', serif; font-size: 20px; font-weight: 400;">? If you wanted an outrageous person to be an outrageous magazine cover, who else? I just hope people will take it in the spirit in which I did it—you know, something cute and off-the-wall for me." </span>Read the full 1978 <a href="https://www.playboy.com/read/entertainment-culture/playboy-interview-with-dolly-parton/?srsltid=AfmBOoqOqwmkrFy-NdPWhg38DGreSIE_AYLuRIti99WmCPOgeNZ69eP9">Dolly Parton (RIP) interview with <em>Playboy</em> here</a>.</li>
</ul>
<p>• Partying against moral panic:</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Wow okay this really blew up! Was originally supposed to be a house party at my 900 sq ft. Shaw rowhome but obviously need a bigger space now. Anyone interested in sponsoring or own a venue in DC? <a href="https://t.co/VIv4xjqxcU">https://t.co/VIv4xjqxcU</a></p>
<p>&mdash; Jonas Du (@JonasYDu) <a href="https://x.com/JonasYDu/status/2092328413830828051?ref_src=twsrc%5Etfw">August 25, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<p>• I talked to Andrew Langer of Washington Signal's <em>Lunch Hour </em>podcast about tech regulation—and how it always starts with sex:</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Can laws designed to protect people online ultimately threaten privacy and free speech?</p>
<p>On this episode of the Lunch Hour Podcast, host <a href="https://x.com/Andrew_Langer?ref_src=twsrc%5Etfw">@Andrew_Langer</a> sits down with <a href="https://x.com/ENBrown?ref_src=twsrc%5Etfw">@ENBrown</a> , Senior Editor at <a href="https://x.com/reason?ref_src=twsrc%5Etfw">@reason</a>, to discuss the growing debate over government regulation of online speech,&hellip; <a href="https://t.co/qvtIkjbjCR">pic.twitter.com/qvtIkjbjCR</a></p>
<p>&mdash; Lunch Hour Podcast (@TheLunchHourPod) <a href="https://x.com/TheLunchHourPod/status/2091895553068065239?ref_src=twsrc%5Etfw">August 24, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<p>• Maxine Doogan <a href="https://48hills.org/2026/08/opinion-the-danger-of-stefanis-nuisance-law-for-sex-workers-and-people-of-color/">explains the dangers of California's Assembly Bill 2001</a>, which "is being marketed as a narrow procedural update" but could be used against sex workers and others to "seize assets without the burden of criminal-level due process."</p>
<p>• Isabelle Fox on sex-work decriminalization: "More government involvement does not automatically mean better conditions. What matters is whether providers, women, have real autonomy."</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Vegas-related. Sex work should be decriminalized, not legalized. <a href="https://t.co/sLqYIxulDg">pic.twitter.com/sLqYIxulDg</a></p>
<p>&mdash; Vital Vegas (@VitalVegas) <a href="https://x.com/VitalVegas/status/2091984150035399100?ref_src=twsrc%5Etfw">August 24, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<p>• A growing number of experts are warning against blanket blocks on teens using social media, <a href="https://www.techdirt.com/2026/08/24/even-some-of-the-loudest-kids-online-safety-advocates-are-now-warning-against-social-media-bans/">notes</a> Mike Masnick. "This matters, because for the last year or so it's felt almost inevitable that social media bans would become the global default—despite the science not supporting them, and despite nobody having any real evidence about what the bans themselves would do to kids."</p>
<p>• Now you know:</p>
<blockquote class="bluesky-embed" data-bluesky-uri="at://did:plc:mxsqjskc2n57qmcnlhrgae4r/app.bsky.feed.post/3mtk4gc64lc2n" data-bluesky-cid="bafyreidn42wpnst4fhgtioravkoh55rz5oangrtgpdmkecrkj4vfydzy2e">
<p lang="en">You learn something new every day!</p>
<p>&mdash; <a href="https://bsky.app/profile/did:plc:mxsqjskc2n57qmcnlhrgae4r?ref_src=embed">Steve Carlson (@lcosgrove.bsky.social)</a> <a href="https://bsky.app/profile/did:plc:mxsqjskc2n57qmcnlhrgae4r/post/3mtk4gc64lc2n?ref_src=embed">2026-08-20T20:45:09.606Z</a></p></blockquote>
<p><script async src="https://embed.bsky.app/static/embed.js" charset="utf-8"></script></p>
<p>The post <a href="https://reason.com/2026/08/26/texas-moves-to-protect-kids-and-women-from-demonic-sex-education-book/">Texas Moves To Protect Kids—and Women—From &#039;Demonic&#039; Sex Education Book</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Penguin Random House. Illustration: Fatima Ruiz/Midjourney.]]></media:credit>
		<media:description type="html"><![CDATA[Cover of the book 'Let's Talk About It' in front of the Texas state flag]]></media:description>
		<media:title><![CDATA[PurgingDirtyBooksTX]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/PurgingDirtyBooksTX-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				"A Lawsuit Showing up in Future Educational or Employment Screenings" "Is Not an Adequate Justification for Proceeding Anonymously"			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/26/a-lawsuit-showing-up-in-future-educational-or-employment-screenings-is-not-an-adequate-justification-for-proceeding-anonymously/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398659</id>
		<updated>2026-08-26T22:13:48Z</updated>
		<published>2026-08-26T15:44:31Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Right of Access" />		<summary type="html"><![CDATA[From Judge Robert Chambers (S.D. W. Va.) Friday in Roe v. Gozal; plaintiffs are suing a medical school dean for&#8230;
The post &#34;A Lawsuit Showing up in Future Educational or Employment Screenings&#34; &#34;Is Not an Adequate Justification for Proceeding Anonymously&#34; appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/26/a-lawsuit-showing-up-in-future-educational-or-employment-screenings-is-not-an-adequate-justification-for-proceeding-anonymously/">
			<![CDATA[<p>From Judge Robert Chambers (S.D. W. Va.) Friday in <a href="https://storage.courtlistener.com/recap/gov.uscourts.wvsd.243893/gov.uscourts.wvsd.243893.12.0.pdf"><em>Roe v. Gozal</em></a>; plaintiffs are suing a medical school dean for allegedly retaliating against them as MD/PhD students because of his conflict with their father, who had been a rival candidate for dean:</p>
<blockquote><p>Federal courts disfavor pseudonymous litigation. Such litigation "'undermines the public's right of access to judicial proceedings' because 'the public has an interest in knowing the names of litigants, and disclosing the parties' identities furthers openness of judicial proceedings.'" "Nevertheless, district courts may, in their discretion, allow pseudonymous litigation because 'privacy or confidentiality concerns are sometimes sufficiently critical that parties or witnesses should be allowed this <em>rare</em> dispensation.'" &hellip;</p>
<p>[T]he types of personal intimate information justifying anonymity for litigating parties have typically involved such intimate personal matters as birth control, abortion, homosexuality, or the welfare rights of illegitimate children or abandoned families." The subject of Plaintiff's suit—Defendant David Gozal's alleged retaliation against Plaintiffs—is not nearly as sensitive&hellip;.</p>
<p>The Court finds that Plaintiffs have a credible fear of retaliation. A letter they attached to their Reply supports their claim that Mr. Gozal retaliates against critics and whistleblowers through his control of Marshall faculty. [The <a href="https://storage.courtlistener.com/recap/gov.uscourts.wvsd.243893/gov.uscourts.wvsd.243893.8.1.pdf">letter</a> appears to be from physician assistant students at the medical school. -EV]</p></blockquote>
<p><span id="more-8398659"></span></p>
<blockquote><p>But the Court is not persuaded that anonymity would protect Plaintiffs from such retaliation. Plaintiffs' Complaint includes several details about Plaintiffs' father. <em>See</em> ECF No. 1, Compl. ("The Students' father had served at Marshall's Joan C. Edwards School of Medicine for more than twelve years."); <em>id.</em> (["]His signature achievement was the COBRE (Center of Biomedical Research Excellence) grant, awarded by the NIH. At Marshall, the COBRE grant supported obesity-related biomedical research &hellip;."); <em>id.</em> (stating Plaintiffs' father was Marshall's "Vice Dean for Research, Vice Dean for Graduate Education, and Chair of the Department of Clinical and Translational Sciences."). This information makes it easy to identify Plaintiffs' father through an internet search. For a Marshall student or faculty member, from whom Plaintiffs fear retaliation, identifying Plaintiffs would therefore be straightforward.</p>
<p>Since Plaintiffs' identities are already discernable, proceeding anonymously would confer minimal protection. Further, Plaintiffs' allegations suggest that many Marshall faculty and students are already aware of the dispute between Plaintiffs and the medical-school administration.</p>
<p>Plaintiffs argue that, even if a "determined reader" can identify Plaintiffs, Plaintiffs still have an interest in keeping this litigation out of "background checks, residency application searches, and employer screenings." But a lawsuit showing up in future educational or employment screenings is part of the "annoyance and criticism that may attend any litigation." Such annoyance is not an adequate justification for proceeding anonymously&hellip;.</p>
<p>The Court [also] agrees it would be "unfair to force Dean Gozal to defend himself publicly, while allowing Plaintiffs 'to hide behind a shield of anonymity &hellip;.'" &hellip; "[I]t is a matter of 'basic fairness' that a private-party defendant's accusers participate in the suit under their real names." &hellip;</p></blockquote>
<p>J. Ben Shepard and Michael J. Farrell (Farrell &amp; Farrell PLLC) represent Gozal.</p>
<p>The post <a href="https://reason.com/volokh/2026/08/26/a-lawsuit-showing-up-in-future-educational-or-employment-screenings-is-not-an-adequate-justification-for-proceeding-anonymously/">&quot;A Lawsuit Showing up in Future Educational or Employment Screenings&quot; &quot;Is Not an Adequate Justification for Proceeding Anonymously&quot;</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
						</entry>
		<entry>
					<author>
			<name>Zach Weissmueller</name>
							<uri>https://reason.com/people/zach-weissmueller/</uri>
						<email>zach.weissmueller@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Vinay Prasad: Public Health in This Country Is So Broken			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/podcast/2026/08/26/vinay-prasad-public-health-in-this-country-is-so-broken/" />
		<id>https://reason.com/?post_type=podcast&#038;p=8397462</id>
		<updated>2026-08-26T03:28:27Z</updated>
		<published>2026-08-26T15:00:18Z</published>
			<category scheme="https://reason.com/latest/" term="Health" /><category scheme="https://reason.com/latest/" term="Medicine" /><category scheme="https://reason.com/latest/" term="Pharmaceuticals" /><category scheme="https://reason.com/latest/" term="Public Health" /><category scheme="https://reason.com/latest/" term="Vaccines" /><category scheme="https://reason.com/latest/" term="Anthony Fauci" /><category scheme="https://reason.com/latest/" term="COVID-19" /><category scheme="https://reason.com/latest/" term="FDA" /><category scheme="https://reason.com/latest/" term="Libertarianism" /><category scheme="https://reason.com/latest/" term="MAHA" /><category scheme="https://reason.com/latest/" term="Robert Kennedy Jr." />		<summary type="html"><![CDATA[Vinay Prasad discusses his departure from the FDA, Fauci's diaries, and how working for the government made him more libertarian.]]></summary>
					<content type="html" xml:base="https://reason.com/podcast/2026/08/26/vinay-prasad-public-health-in-this-country-is-so-broken/">
			<![CDATA[<p>Vinay Prasad rose to fame as a COVID-era public health establishment <a href="https://reason.com/video/2023/03/01/dr-vinay-prasad-stop-trusting-the-public-health-establishment/">critic</a>. Then he became part of the public health establishment. Now he's back on the outside following his controversial tenure at the Food and Drug Administration (FDA) as director of the Center for Biologics Evaluation and Research (CBER), which is responsible for approving vaccines and gene therapies.</p>
<p>In this interview with <em>Reason</em>'s Zach Weissmueller, Prasad, a physician, author, and professor at the University of California, San Francisco, responds to the array of intense criticism he received during his tenure, ranging from agency <a href="https://www.statnews.com/2025/10/31/vinay-prasad-fda-cber-management-issues-insiders-say/">insiders</a> complaining about his management style to <em>Wall Street Journal </em>editorial writers <a href="https://www.wsj.com/opinion/vinay-prasad-is-a-bernie-sanders-acolyte-in-maha-drag-healthcare-bfc3be57">branding</a> him a "Bernie Sanders acolyte in MAHA drag" to conservative influencers such as Laura Loomer <a href="https://www.yahoo.com/news/articles/fda-top-vaccine-regulator-departs-133705335.html">deriding</a> him as a progressive-left "saboteur."</p>
<p>He defends his decision to reject Moderna's mRNA flu vaccine application, which the agency has since approved following his departure, and explains a controversial internal <a href="https://cdn01.dailycaller.com/wp-content/uploads/2025/11/CBER-Email.pdf">memo</a> in which he wrote that "at least 10 children have died after and because of receiving COVID-19 vaccination" and that "for the first time, the US FDA will acknowledge that COVID-19 vaccines have killed American children." The official FDA <a href="https://www.ronjohnson.senate.gov/wp-content/uploads/2026/05/2026-05-11-RHJ-to-HHS-re-C19-vaccine-records-memo.pdf">report</a> made public after Prasad left identified zero "certain" childhood deaths linked to the vaccine, with five classified as "possibly" and two as "probably."</p>
<p>"They changed the report. I had a draft report with 10 [likely deaths]. They changed it after the media publicity of my letter," says Prasad, who believes the data were altered for "political or professional" reasons.</p>
<p>While he entered the job with the intention to raise the standards for drug approvals, Prasad says his firsthand experience witnessing just how entrenched the political and bureaucratic problems at the FDA are has made him "a bit more libertarian" and open to the idea of "Consumer Reports–style agencies" competing with the government on drug approvals, which would offer "people in America greater flexibility in what kind of products they can try.<i>"</i></p>
<p>Prasad also reacts to the recent publication of top COVID adviser Anthony Fauci's diaries, whom he says is likely guilty of criminal conduct for his role in funding gain-of-function research.</p>
<p>"I can't think of a single policy [Fauci] actually got right when he was running the federal health policy," says Prasad.</p>
<p>Watch the full interview above. The transcript below has been edited for style and clarity.</p>
<p>&nbsp;</p>
<p>0:00—Teaser</p>
<p>0:48—Transitioning from FDA critic to insider</p>
<p>2:39—Fauci's diaries</p>
<p>7:40—The origins of COVID-19</p>
<p>9:11—Did Fauci commit any crimes?</p>
<p>11:53—Aspirations for public health reform</p>
<p>13:22—Vaccine skepticism and criticisms</p>
<p>20:10—Moderna mRNA flu vaccine</p>
<p>26:35—COVID-19 vaccines and children</p>
<p>34:00—The Trump administration and deregulation</p>
<p>37:51—Drug approval barriers at the FDA</p>
<p>42:01—<em>Wall Street Journal</em> criticism</p>
<p>46:45—Has Prasad become more libertarian?</p>
<p>53:36—Anthropic CEO Dario Amodei's criticisms of the FDA</p>
<p>57:46—Peptides</p>
<p>59:45—Why did Prasad leave the FDA?</p>
<p>1:02:43—Is true government reform possible?</p>
<p>1:05:45—How can public health regain public trust?</p>
<p>&nbsp;</p>
<p>Producer: <a href="https://reason.com/people/paul-alexander/">Paul Alexander</a></p>
<p>Director of photography: <a href="https://reason.com/people/kevin-alexander/">Kevin Alexander</a></p>
<p>Audio mixer: <a href="https://reason.com/people/ian-keyser/">Ian Keyser</a></p>
<hr />
<h2>Transcript</h2>
<p><em>This is an AI-generated transcript. Check all quotes against the audio for accuracy.</em></p>
<p>&nbsp;</p>
<p><b>Zach Weissmueller:</b> <a href="https://vinayakkprasad.com/"><b>Vinay Prasad</b></a> <b>went from COVID-era public health establishment critic to public health establishment insider and back out again. He is a physician, an author, a professor at the University of California, San Francisco, and former director of the </b><a href="https://www.fda.gov/about-fda/fda-organization/center-biologics-evaluation-and-research-cber"><b>Center for Biologics Evaluation and Research</b></a><b> at the FDA. Vinay Prasad, thank you for talking to </b><a href="https://reason.com/"><b><i>Reason</i></b></a><b> today. </b></p>
<p><b>Vinay Prasad: </b><span style="font-weight: 400;">It's good to be back with you. </span></p>
<p><b>So, we had this clearing out of the old guard, the Walenskys and Faucis and Collinses, and this replacement with the new guard, the COVID dissidents such as yourself, </b><a href="https://martymd.com/"><b>Marty Makary,</b></a> <a href="https://www.hhs.gov/about/leadership/jay-bhattacharya.html"><b>Jay Bhattacharya</b></a><b>. What was it like, and did you have any misgivings about stepping away from the role of academia and sort of outside critic and into the public health bureaucracy?</b></p>
<p><span style="font-weight: 400;">So, I guess one thing to point out is that maybe we changed 4 percent, 2 percent of the FDA. I mean, the FDA is an 18,000-person agency. There's tens of thousands of people still there. Before Marty, the commissioner, and I got there, </span><a href="https://doge.gov/"><span style="font-weight: 400;">DOGE</span></a><span style="font-weight: 400;"> had just struck, and maybe they got rid of a couple thousand people. But I think one thing to point out is the system is largely the same as it's always been. And then I think the next thing I'd point out is there are critics of the COVID pandemic response, and then there are critics. And although Marty, Jay, and I are critics of many aspects of the response, I think we don't go as far as some of the most extreme critics out there. So am I glad I did it? Yes, I think I'm glad I did it. It was an adventure. It was a learning experience. I feel like I learned more in one year than I've learned in the prior decade about how the world works. And I'm glad to have improved, I think, some aspects of government, which I think will be enduring, and at least tried to improve other aspects of government, which may not be enduring.</span></p>
<p><b>And yeah, I want to ask you a little bit about—or actually quite a bit about—what you learned from that experience. But first, let's stay on the context of that era, that transition. And I think the person who personified kind of the old guard was </b><a href="https://www.oar.nih.gov/about/directors-corner/fauci"><b>Anthony Fauci</b></a><b>, and he's recently been in the news because he appeared in front of Congress, yet again pleading the Fifth, as </b><a href="https://www.paul.senate.gov/"><b>Rand Paul</b></a> <b>kind of exposed or published his diaries. What did those diary entries reveal to you about Fauci's character, the way he was operating through that time?</b></p>
<p><span style="font-weight: 400;">I think that Fauci has made a lot of serious errors. And I think probably the greatest news story is that the mainstream media, I think, refuses to be honest about his legacy. Anthony Fauci was in his late 70s when the pandemic began. And had he retired, you know, at a ripe old age of 75, I think he would be leaving behind a stellar legacy. But he continued. He pushed it. He stayed through the whole pandemic, and he was the face of many things that I think his diaries get into: what he privately thought while he was publicly saying different things.</span></p>
<p><span style="font-weight: 400;">Where to begin? The origins of the pandemic. Fauci has not only been a proponent that the only answer to where the virus came from is a natural spillover event. He's gone further than that. He orchestrated a paper published in </span><a href="https://www.nature.com/nm/"><i><span style="font-weight: 400;">Nature Medicine</span></i></a><span style="font-weight: 400;"> called </span><a href="https://www.nature.com/articles/s41591-020-0820-9"><span style="font-weight: 400;">"The Proximal Origin Paper,"</span></a> <span style="font-weight: 400;">written by a bunch of people who bolstered that point of view. He, of course, edited that paper before it was published. Then in public, he pretended like he didn't know those people. It was an independent group that validated what he was saying, whereas, in many respects, he sort of puppeted that paper. The people who wrote that paper—Rand Paul has </span><a href="https://www.npr.org/2026/07/27/nx-s1-5909531/rand-paul-anthony-fauci-coronavirus-diary-lab-leak-origin"><span style="font-weight: 400;">released</span></a><span style="font-weight: 400;"> their Slack channel messages—showing they don't really even believe what they were writing. I mean, their messages reveal considerable ambiguity about lab leak versus natural spillover event.</span></p>
<p><span style="font-weight: 400;">So in terms of the origin, he also funded </span><a href="https://en.wikipedia.org/wiki/EcoHealth_Alliance"><span style="font-weight: 400;">EcoHealth Alliance</span></a><span style="font-weight: 400;">, of course, which had a subcontract to Wuhan. He had a huge role in the origins and sort of at least trying to frame the narrative, making lab leak—you couldn't even discuss it. You know, Facebook put a ban on even talking about the topic.</span></p>
<p><span style="font-weight: 400;">All right, that's just one thing. Then masking, masking 2-year-olds. I mean, he played a huge role in that. Lockdowns, school closure. He said he didn't close any schools. In his own diary, he says, "I told </span><a href="https://iop.harvard.edu/fellows/bill-de-blasio"><span style="font-weight: 400;">Bill de Blasio</span></a><span style="font-weight: 400;">, you need to close schools in New York City." At some point, the man's got to take ownership over the decisions he did make and advocated for. When </span><a href="https://www.fldoe.org/newsroom/latest-news/governor-ron-desantis-announces-recommendations-to-safely-reopen-floridas-education-system.stml"><span style="font-weight: 400;">DeSantis</span></a><span style="font-weight: 400;"> in Florida reopened schools in the spring of 2020, he went on every television show to say what a bad idea that was. Of course, now I think it's very clear. Many of us said so at the time. School reopening was </span><i><span style="font-weight: 400;">always</span></i><span style="font-weight: 400;"> the right decision. You know, maybe it could have been closed for a week or two, but certainly not beyond that. Fauci kept it closed much longer.</span></p>
<p><span style="font-weight: 400;">Vaccines. I think vaccines make a lot of sense. COVID vaccines for elderly people who had not yet had COVID. But do they need to be given to a 4-year-old, a 7-year-old, a 12-year-old, a 22-year-old who'd also already had COVID? This is where considerable ambiguity exists. But Fauci, the answer was clear: You need all the shots. You need the initial series. You need a yearly booster. It doesn't matter how young you are or how many times you've had COVID.</span></p>
<p><span style="font-weight: 400;">Then, of course, Fauci was wrong about—I think he's wrong about almost every single pandemic policy he advanced. Some of his defenders say to me, "Well, at least he didn't tell people to drink bleach." And I said, "Well, is that the bar for a guy who's a doctor and a scientist?" I mean, of course, yeah, drinking bleach is not a good idea. But that's not the bar for an Anthony Fauci-level figure. He should be saying things that are correct, and if they're not correct, he should be collecting evidence to weigh in. He did none of that.</span></p>
<p><b>Why do you think that there was such a large disconnect between his public and private thoughts on the virus throughout this? Just as someone whose job it is to communicate science to the public, why wasn't he communicating what he actually knew at the time? For instance, about the origins of the virus.</b></p>
<p><span style="font-weight: 400;">In the case of the origins, I think he doesn't want to communicate, then or now, because he looks a little bit culpable.</span></p>
<p><span style="font-weight: 400;">Is it 2011? He writes a </span><a href="https://www.washingtonpost.com/"><i><span style="font-weight: 400;">Washington Post</span></i></a> <span style="font-weight: 400;">op-ed called—the title of the paper is </span><a href="https://www.washingtonpost.com/opinions/a-flu-virus-risk-worth-taking/2011/12/30/gIQAM9sNRP_story.html"><span style="font-weight: 400;">"A Flu Virus Risk Worth Taking"</span></a><span style="font-weight: 400;">—about why we ought to fund gain-of-function research, or research to manipulate the genomes of viruses to perhaps make them more transmissible or lethal, in an effort to get ahead of that and cure it. But that's a gamble. Is that a sound strategy? I think it's pretty clear to say that it has not led to any cures and may have led to one of the worst pandemics in the last 50 years. You know, so that was a bad idea. He's on record as saying that. He's on record as having funded the EcoHealth Alliance group in 2014, despite an Obama-era sort of prohibition on that funding, and he has a presidential pardon that extends so far back that it covers his potential funding of EcoHealth Alliance. So, boy, nobody would rather you think it comes from a natural origin than this guy. He's conflicted. That's the bottom line on that issue.</span></p>
<p><b>This is why Rand Paul is pursuing this, because he seems to be wanting to uncover what the origins of the virus are, which somehow we still don't know. It's unclear if we ever will. Do you have any sense, based on what we know now, what's your inclination as to where this came from?</b></p>
<p><span style="font-weight: 400;">So I use an analogy, and an analogy is you can look at biology or you can look at intelligence. So imagine somebody comes out of the kitchen and they say, "You know what? That waiter peed in the soup." You're going to say, as a biologist, "How can I prove he peed in the soup?" You can sample the soup. You can look for urine metabolites and cells from the bladder. And you could try to figure it out that way. Or you could interview three people in the kitchen who say, "I saw the guy pee in the soup." OK. </span></p>
<p><span style="font-weight: 400;">And my point is that we have the Central Intelligence Agency, the Department of Energy, the FBI, and they have made an intelligence assessment that they believe it to be a lab leak. In Fauci's own diary, he says he was pulled into the </span><a href="https://en.wikipedia.org/wiki/Sensitive_compartmented_information_facility"><span style="font-weight: 400;">SCIF</span></a><span style="font-weight: 400;">, which is sort of a confidential room, and he was given information by the CIA where they intercepted some transmissions from China that make them sort of suspicious that it was, in fact, a lab leak incident.</span></p>
<p><span style="font-weight: 400;">To me, I think the public may never have the full evidence, but I suspect that many intelligence people do, in fact, know the answer. And that answer is probably lab leak. Whether it's malicious or unintentional, I think people can wonder about that. Fauci's own diary admits that the Wuhan wet market, which he went on TV and said was the origin—in his own diary, he writes, at best, it was an amplifying event. He doesn't believe it to be the origin.</span></p>
<p><b>You mentioned this pardon that stretches back to 2014, this era when the funding was—when he was authorizing funding in contravention to current U.S. policy, which is we're not going to do gain-of-function research. Do you think he actually committed a crime?</b></p>
<p><span style="font-weight: 400;">Yes. I mean, I think funding—I think the other thing about it is people will say, "Did that money go directly for this research?" The money went for viral genomic research at a Chinese institute, very similar to the sorts of things we would be worried about. I think that was a crime for which he's been pardoned. I think it's not just my assessment. That's what Joe Biden's autopen thought when he signed—or whoever signed the pardon—that he committed a crime. That's why he has a pardon that goes that far back. I think it was a crime. Now that he's been pardoned for it, I don't know what you can do about it.</span></p>
<p><b>How do you think history will remember, or should remember, Anthony Fauci?</b></p>
<p><span style="font-weight: 400;">I think very poorly. I think this is where the media is completely enraptured by the guy. Put aside the origin. This is a guy who went on TV and told you that you should make your 2-year-old wear a cloth mask. He told you, "Stand 6 feet apart." Later he says, "Oh, the 6 feet, we just made that number up." He told you you should lock down schools. He called Bill de Blasio in his own diary and told him to close schools. Later he says, "Who started this whole school closure thing?"</span></p>
<p><span style="font-weight: 400;">He said you've got to get a shot, even if you've had COVID and even if you're 20 years old and living in a dorm, even if you had myocarditis. He actually told </span><a href="https://www.hks.harvard.edu/faculty/rochelle-walensky"><span style="font-weight: 400;">Rochelle Walensky</span></a><span style="font-weight: 400;"> in his diary to downplay the evidence&hellip;</span></p>
<p><span style="font-weight: 400;">So let's go back to 2021. In 2021, we learned that even if you've been vaccinated, you can contract and spread the virus. I think initially we didn't think that to be true, but certainly by the summer, with different escape variants, we thought that to be true. The decision to mandate a vaccine was not until the fall of 2021, long after we knew vaccinated people could get the virus and spread the virus.</span></p>
<p><span style="font-weight: 400;">The moment you knew they could get and spread the virus, it doesn't make sense to have a mandate. The whole prerequisite for a mandate is there's got to be enough benefit to a third party that it justifies taking away your autonomy about your body. But he knew that you couldn't justify the benefit if you can still spread it. But he writes in his own diary, "We can't have Rochelle Walensky telling people that fact because it will undermine DOJ's efforts for a mandate." So he knowingly is hiding scientific truths to facilitate a policy preference of a Democratic president with whom he aligns himself. And he does that over and over.</span></p>
<p><span style="font-weight: 400;">Finally, if you've had and recovered from the COVID virus, we've never had any evidence that you need any additional shots. And yet he never made that an exemption. I think that's a very damning thing. So I can't think of a single policy he actually got right when he was running the federal health policy.</span></p>
<p><b>And you kind of rode in on this wave of anti-Fauciism, in a way. At the head of that would be someone like </b><a href="https://www.hhs.gov/about/leadership/robert-kennedy.html"><b>RFK Jr.</b></a><b>, who's the head of HHS. What was your big hope? We'll get into the specifics of what you were doing at the FDA, but what was your biggest hope as to what the kind of new version of public health might look like or changes that might be made?</b></p>
<p><span style="font-weight: 400;">Well, I had a very narrow mandate because I was just in charge of biologics at the FDA, and the hope continues, which is that public health could aspire to be honest, to use its powers proportionately and judiciously, to exercise humility. Public health is far from these things. Public health could actually aspire to be bipartisan. Public health does not. It's becoming an increasingly entrenched left-wing discipline run by left-wing ideologues, reaching even more and more absurd conclusions. So what public health can be and what it is are still light-years apart.</span></p>
<p><b>So you don't think that has changed very much?</b></p>
<p><span style="font-weight: 400;">Not much at all. No. I mean, I think changing an entrenched organization with tens of thousands of people is very difficult. There have been some changes. I suspect that there's sort of been a catalyst. The pandemic has been a catalyst. But I don't think a real reform is possible. I suspect it'll splinter into different sort of public health groups and senses of that.</span></p>
<p><b>And your role was at CBER, which is the part of the FDA that oversees what they call biologics. So that would be things like vaccines or gene therapies. Vaccines obviously became an increasingly polarized and politicized issue during COVID. What was your goal going in there pertaining specifically to vaccines?</b></p>
<p><span style="font-weight: 400;">You know, people ask me, like, they say, "Vaccines save lives." I say, "Drugs save lives." Like, the right drug given to the right person at the right time is life-saving, but the wrong drug given to the wrong person at the wrong time can be harmful. Vaccines are the same way. You can't say anything about all vaccines, just like you can't say anything about Tylenol, aspirin, and Plavix all in the same breath. They're all very different drugs.</span></p>
<p><span style="font-weight: 400;">And yet I think there is a mentality in the mainstream media that vaccines are perfect. They're always perfect. More of them is always better than less of them. There are no problems in the current system. They can never be questioned. And I think that dogma has to go away. But that dogma continues. I mean, you want a recent example? This miscarriage argument. Fauci, in his diary, he says, "Boy, you know, that COVID shot's very reactogenic. People get fevers and they feel terrible. Possible that it will increase the rate of miscarriage."</span></p>
<p><span style="font-weight: 400;">Now I read people say, "We know for sure it doesn't." Really? You know </span><i><span style="font-weight: 400;">for sure</span></i><span style="font-weight: 400;"> it doesn't? Well, that's the part where I call it into question. I'm happy to concede that the best available evidence excludes a very large risk of miscarriage. There are some people on the right who said it was an 80 percent risk of miscarriage. That's ridiculous. This is not even possible. 80 percent miscarriages, you'd see that from a mile away. It's not an 80 percent risk of a miscarriage. But neither do we know it's a 0 percent risk. And science has to be very careful to say what we do know and what we don't know.</span></p>
<p><a href="https://www.pfizer.com/"><span style="font-weight: 400;">Pfizer</span></a><span style="font-weight: 400;"> was actually asked to do a randomized study of pregnant women. They were randomizing 4,000 pregnant women in the course of that randomized study to learn whether or not the vaccine is safe and effective and whether it causes birth defects or miscarriage. They're going to look at 4,000 women being randomized. During the course of that study, the </span><a href="https://www.acog.org/clinical/clinical-guidance/practice-advisory/articles/2020/12/covid-19-vaccination-considerations-for-obstetric-gynecologic-care"><span style="font-weight: 400;">American College of Obstetricians and Gynecologists</span></a><span style="font-weight: 400;"> said all women should just get it. And they stopped their study with 300-some women randomized, and the study is inconclusive. It was never run to conclusion. So I think we should be very careful to say we actually don't know about a very modest increased risk of miscarriage. Even to this day.</span></p>
<p><b>This dogma that you describe of, you can't criticize anything about vaccines—to the extent that it exists, I imagine it's because of the very strong anti-vaccine movement that's been prominent in American history, spearheaded by people like RFK Jr., who—people kind of jump to these extreme claims of vaccine harms, whether it's the 80 percent miscarriage rates, claims about autism, and so forth. How do you balance that? Like, how do you talk honestly about vaccines without feeding into irrational fears?</b></p>
<p><span style="font-weight: 400;">Yeah, that's a really good question. I think the only way to do it is to just be completely honest about it. There will always be someone on the internet who says something wrong. But the public health instrument, the professors of the world, the doctors of the world, you can't respond to that by lying in the other direction, to give false statements that are not true in the other direction. But that's what's happening.</span></p>
<p><span style="font-weight: 400;">On every issue, I just think—hepatitis B at birth. You want to talk about that? This happened while I was there. Bobby Kennedy and others had the idea that in America, if a mother tests negative for hepatitis B, maybe that baby doesn't need the Hep B shot at birth and can wait up to two months to get the shot.</span></p>
<p><span style="font-weight: 400;">So a rational person would look at that and say, "Boy, there are pros and cons to this." OK. If the mother's really negative, and we know how Hep B is transmitted, largely through bodily fluids and intravenous drug use and these kinds of things, there is still a small chance the baby will get Hep B in the first two months. But it's really small. I mean, let's be honest, it's going to be quite small.</span></p>
<p><span style="font-weight: 400;">And is there a downside to delaying two months? Maybe you'll actually lose a few people. They won't come back and get follow-ups, so it'll be an additional loss. But what's the upside? Maybe the upside is you'll give people a little bit more control over their bodies and control over their children. They might feel a little better. We live in a time where people are sort of unsure about vaccines.</span></p>
<p><span style="font-weight: 400;">So I think a fair narrative would be, like, there are pros and cons about this approach. On balance, the numbers here are very, very small. If they want to make this a provision that some people could delay two months if the mother tests negative, I think it's probably reasonable, you know? But that's not the way the narrative was, right? "Bobby Kennedy is going to kill people." And then they said things like, "Before the Hep B vaccine, 50,000 people died a year." OK, sure. That's true. But what does it have to do with his specific policy of shifting from zero to two months in a subset of women who test negative or low-risk? </span></p>
<p><span style="font-weight: 400;">It's completely tangential.</span></p>
<p><b>They've overhauled the childhood vaccine schedule. What are your thoughts on that?</b></p>
<p><span style="font-weight: 400;">I think that it's—you know, people make a big deal about it, but I don't know—the executive order&hellip; I don't know how much it's actually going to do. I think we're going to see the endgame play out, which is the following: There are going to be different vaccine schedules. If you're in San Francisco, where we're sitting right now, you're going to get the full-court-press liberal vaccine schedule, and if you're in Texas, you're going to get the conservative vaccine schedule.</span></p>
<p><span style="font-weight: 400;">And to me, it's going to create probably a variety of vaccine schedules. I have mixed feelings about that. I think that it's very likely you'll get errors in both directions. You'll have some people given too many vaccines you don't need, and there are some people omitting vaccines they do need.</span></p>
<p><span style="font-weight: 400;">At the same time, the pro of this is that it does kind of shatter this idea that there's a one-size-fits-all federal government vaccine solution that can be deployed to 400 million people, and it's going to be perfect. I think it creates sort of different opportunities to think about it.</span></p>
<p><b>There have been a number of measles outbreaks. Do you attribute that to sort of either a loosening of vaccine policy or just a general skepticism, rising skepticism toward vaccines?</b></p>
<p><span style="font-weight: 400;">I think it's difficult to attribute. People like to attribute it to what Bobby Kennedy has done, but surely, in order to have the outbreak now, people have to forgo measles vaccines in years prior. And it's also going on in Canada. So I don't know how he jumped across the border and did it.</span></p>
<p><span style="font-weight: 400;">I mean, the truth is there is a growing distrust of establishment medicine. It was precipitated by the pandemic, and it probably is also precipitated by, you know, fringe anti-vaccine voices, and they've shattered confidence in the measles vaccines. And so, you know, there's lower uptake of the measles vaccines. There's going to be measles outbreaks. To blame it on one person doesn't make sense to me.</span></p>
<p><b>I want to look at a specific example of a different way that you approach vaccines than your predecessors. </b><a href="https://www.modernatx.com/en-US"><b>Moderna</b></a><b> came to the FDA with an application for an mRNA flu vaccine. You sent that back and said, "This is not good enough." What was wrong with that? This was like a billion-dollar study. So what was wrong with that study from your point of view?</b></p>
<p><span style="font-weight: 400;">Initially, the company asked for approval of the vaccine in anyone over the age of 50 and a regular approval, meaning there would be no further post-marketing efficacy commitment. That was what they asked because they did a randomized controlled trial of their new vaccine against an older vaccine in that age group.</span></p>
<p><span style="font-weight: 400;">Now, we issued a refuse-to-file because, for at least 10 years, that's not the standard of care for people over the age of 65. If you go to the vaccine experts right now, they're going to say you need a high-dose or adjuvanted flu vaccine if you're elderly, because these vaccines have beaten this older vaccine for 10 years. We've known about it for 10 years. You go to a pharmacy here, you go ask these vaccine experts, they'll say, "This vaccine doesn't cut it if you are 66, 67."</span></p>
<p><span style="font-weight: 400;">And yet they used that as the control arm of this study. This happens all the time in drug approval. The companies use a control arm that is not the best available American standard of care. In my opinion, that's unethical. The control arm participants are getting worse care than they would if they just walked into the MinuteClinic.</span></p>
<p><b>So yeah, your view then is that for this to proceed, it needs to outperform the </b><b><i>best</i></b><b> vaccine on the market.</b></p>
<p><span style="font-weight: 400;">The statutory language is that in order to file, you need an adequate and well-controlled study, and it is not well-controlled on the plain-English meaning of it because it is not the best available standard of care in America. In fact, it subjects the control arm to higher risk. They're getting a vaccine that's not as good as what they would get if they go to CVS or Walgreens or see me in clinic. So it's not the best available care. So that is a refuse-to-file.</span></p>
<p><span style="font-weight: 400;">Now then, we accepted a resubmission while I was there, but it split the application into two parts: a regular approval, 50 to 64, and an accelerated approval, 65 and up, which they ultimately got. People say that we've done a 180, but we've actually given a very different approval. They have a confirmatory efficacy study, 65 and up, and that study will answer the question whether or not their vaccine is as good or better or worse than the correct control arm.</span></p>
<p><b>OK, so the fact that the FDA has approved it for certain populations since your departure, you're generally supportive of that decision.</b></p>
<p><span style="font-weight: 400;">I guess I'm generally supportive of the fact that it's better than what came in the door in the first place. I think there are open questions which people should ask, which is: Would you rather get the shot or the flu? You can go look at the rate of grade 3 adverse events in the clinical study and compare it against the actual rate of influenza seen in the study.</span></p>
<p><span style="font-weight: 400;">So lots of questions that are—those are review questions. Those are questions about the review process. I wasn't part of it, so I don't know the file very deeply there. But the initial question was a question about what are they asking for, and is that something that's an acceptable thing to consider? And we changed that. I think that was the right call.</span></p>
<p><span style="font-weight: 400;">I think the media coverage of that topic is terrible. I don't know a single media story that draws the distinction between the resubmission and splitting the age group and the original submission. I don't know a single media story that asks: The control arm of that study, what evidence is there for a 67-year-old? You pull the control arm, you pull the package leaflet, and you'll see there are no efficacy data. It's an immunobridging agent, so it's antibody titers for these older groups. It is a very flimsy control arm.</span></p>
<p><span style="font-weight: 400;">The media want to portray it as, you know, "You're either pro-mRNA vaccines or you're against it." But again, like I say, it's just right drug, right place, right time, all wrong.</span></p>
<p><b>So this is the same—in your view, this is the same phenomenon that we observed during COVID, where you're either for the vaccine or you're against it. You're either for this medicine or against it, and not sort of breaking it down by what age are you, how healthy are you, and so forth. Everything kind of has to be flattened or compressed.</b></p>
<p><span style="font-weight: 400;">One-size-fits-all public health, where the shoe doesn't fit the guy with the big foot or the person with the small foot. I mean, it's just completely—a completely wrong view of public health. And COVID is a great example. An 80-year-old who's never had COVID, who, you know—and we're talking about February of 2021—should they get a vaccine? Absolutely. A 7-year-old who's had COVID, and we're talking about 2022? No. That makes no—the healthy 7-year-old makes no sense.</span></p>
<p><span style="font-weight: 400;">So public health is, in this country, so broken, it cannot appreciate these distinctions. And I think the Moderna flu is another one.</span></p>
<p><span style="font-weight: 400;">One more point: Why do some people like the Moderna flu, despite the limits of it? They think the mRNA platform can change quicker than the older egg-based production platforms. That's a hypothesis you can </span><i><span style="font-weight: 400;">actually</span></i><span style="font-weight: 400;"> test. You could run a study in a season where you compare the flu shot as it's conventionally manufactured against an mRNA flu shot that's made closer to the date of deployment. Presumably, by being closer, they can pick the antigens better than by starting production earlier.</span></p>
<p><span style="font-weight: 400;">We could ask that question, but there is no appetite for asking that question. People assume the very thing they set out to prove, which is it </span><i><span style="font-weight: 400;">must</span></i><span style="font-weight: 400;"> be better because it can be adapted quicker, rather than testing that formally.</span></p>
<p><b>So yeah, this has been something you've been writing about for a long time, is the poor experimental design for drugs. And I assume that's something that you wanted to change when you came into FDA. Do you feel like you made any progress toward that goal?</b></p>
<p><span style="font-weight: 400;">I mean, I think in one year, we did more than, you know, what our predecessors have done in a decade. You can look at just the sheer number of announcements and policy changes we've made.</span></p>
<p><span style="font-weight: 400;">And we're talking a lot about one side of the coin, which is where the companies are not doing the right study to inform the American public. We're not talking about the other side of the coin, where FDA is asking them to do things that don't make any sense at all, that burden them, that cost money, and that are wasteful. We did a lot of work in that space too.</span></p>
<p><span style="font-weight: 400;">And so I think FDA makes both errors. I mean, of course, they also do a lot of things right. But they make both errors, and they can get better. And I guess I'm glad we did some of the things we did to change it.</span></p>
<p><b>A </b><a href="https://www.fda.gov/media/191442/download"><b>memo leaked</b></a> <b>during your tenure. It was from you informing your staff that FDA's vaccine safety evaluators have discovered at least 10 children have died after and because of receiving COVID-19 vaccination, and that the real number is higher. You wrote that a public report would be forthcoming, marking the first time that the U.S. FDA will acknowledge that COVID-19 vaccines have killed American children.</b></p>
<p><b>Five months later, there's no report and you were gone, and an FDA official report then came out a month after you left saying that zero childhood deaths were definitively linked to the vaccine. So what actually happened there?</b></p>
<p><span style="font-weight: 400;">Yeah, that's—that's the reading of that. OK. Well, I would say that that's </span><i><span style="font-weight: 400;">part</span></i><span style="font-weight: 400;"> of that report. </span><a href="https://www.ronjohnson.senate.gov/"><span style="font-weight: 400;">Ron Johnson</span></a> <span style="font-weight: 400;">got part of it. "Certainly linked." OK, so when we talk about attribution of what's the cause of death, there is certain, there's likely, there's probable, there's possible, there's uncertain. You know, the standard for certain is unattainable. Ok? You need to—for instance, if you give the MMR vaccine to kids, occasionally they get a granuloma, and you can biopsy it and you can find vaccine product in the granulomas. If you give the chikungunya vaccine and somebody dies from it, you can sample the CSF and you'll find the vaccine strain chikungunya in there. You're not going to find that with myocarditis.</span></p>
<p><span style="font-weight: 400;">OK, but absolutely, is it the case that kids died of myocarditis from the COVID-19 vaccine? Yes, absolutely, it is the case. And just because the death isn't coded as </span><i><span style="font-weight: 400;">certain</span></i><span style="font-weight: 400;"> and is coded as probable or possible, that doesn't negate the fact that it is attributable. In fact, the standard across all of drug development is possible and probable are attributable, I would say—</span></p>
<p><b>Just to be very specific about that, then, yeah, it said there were zero childhood deaths </b><b><i>definitively</i></b><b> linked to the vaccine. Five deaths were classified as possible and two as probable. So that's still less than the 10 that originally—</b></p>
<p><span style="font-weight: 400;">They changed the report. I had a draft report with 10. They changed it after the media publicity of my letter.</span></p>
<p><b>Who changed it?</b></p>
<p><span style="font-weight: 400;">The people who did the report, the people who said that they had been looking into this issue for years. Let's make a few points. OK, I want to back up. I want to make one point.</span></p>
<p><b>Yeah.</b></p>
<p><span style="font-weight: 400;">If a million people trip on one stair, what's going to happen? A million people fall down just one stair. 999,000 just walk it off. A thousand people twist an ankle. Maybe 10 people fall and get a gash on the forehead. But one person is going to die. Just a million people fall off one stair, somebody's going to die, right? That's just the law of big numbers.</span></p>
<p><span style="font-weight: 400;">Myocarditis is a known side effect of mRNA COVID-19 vaccines, occurring at a frequency as high as one in 3,000, per the original</span> <a href="https://www.nejm.org/doi/full/10.1056/NEJMc2207270"><span style="font-weight: 400;">Israeli report</span></a><span style="font-weight: 400;">.</span> <span style="font-weight: 400;">And you're getting lots and lots of people to have it. We know that some of those people can actually get scarring of the heart. Some people require pressor support. They go into the ICU. Somebody's going to die. In fact, there are many case reports published globally. You can just look in the published literature of people who've died globally from this. There's a </span><a href="https://academic.oup.com/eurheartj/article/44/24/2234/7188747"><span style="font-weight: 400;">South Korean study</span></a><span style="font-weight: 400;"> that shows something like 20 deaths.</span></p>
<p><span style="font-weight: 400;">So, of course, if the answer was zero people died of COVID-19 vaccine-related myocarditis, </span><i><span style="font-weight: 400;">that</span></i><span style="font-weight: 400;"> would be the controversial outcome. OK? So the media somehow want to defend the idea that zero people die. That's preposterous. </span></p>
<p><span style="font-weight: 400;">Somebody's got to die.</span></p>
<p><span style="font-weight: 400;">So what happened was they say they adjudicate all the deaths that come in in the VAERS system. This is a passively reported system. So a lot of people may have gotten the shot and died, but nobody decided to report it to the FDA. Or they started the report process, they never completed it. We have data that most people who start the process don't complete it. Of the reports that get completed, they get sent to the FDA, and then they start to look into them.</span></p>
<p><span style="font-weight: 400;">A contractor's supposed to pull the autopsy reports, but this contractor sometimes doesn't pull the autopsy. So we don't have autopsy reports on some of these deaths, which make it difficult to adjudicate and make them unlikely to say even possible for those deaths. So this is the process.</span></p>
<p><a href="https://convention.bio.org/speakers/tracy-beth-h%C3%B8eg"><span style="font-weight: 400;">Tracy Beth Høeg</span></a><span style="font-weight: 400;">, who was the CDER acting chief, she started to investigate these deaths. She thought she found some that were really kind of telling. Kid gets the vaccine and then is found dead with a heart with lymphocytes infiltrating, looks like myocarditis, rather plausible. The staff that's worked there for years are very concerned. It undermines what they're supposed to have been doing all these years, surely, because if you're supposed to be looking at safety and you never found it, now somebody new comes along and says, "You've got this problem," you're also, just like Fauci, a bit conflicted about whether or not you're the best person to investigate.</span></p>
<p><span style="font-weight: 400;">But having said that, I still tasked them with looking into it. They sent me a report with 10 deaths: possibles, probables, and likelies. And I wrote my memo saying that a lot has to change because how come this is the first time where we're talking about it? They downgraded the memo to seven.</span></p>
<p><span style="font-weight: 400;">The point still stands. Seven or 10, the vast majority of these deaths are probably not even reported into the system. It's a passive collection system. And I'm surprised it's provocative. It shouldn't be provocative that a vaccine with a known side effect of myocarditis—and myocarditis is bad, it can be very bad—that it would kill somebody. That's got to be not that—it would be more implausible that it killed zero people.</span></p>
<p><b>Do you believe the memo was downgraded for a political reason?</b></p>
<p><span style="font-weight: 400;">Political or professional reasons, that nobody wants to look like, you know, this problem is as bad.</span></p>
<p><b>Do you know who leaked the memo?</b></p>
<p><span style="font-weight: 400;">Who leaked the—Ron Johnson posted the memo. Like, it's not leaked. Ron Johnson has subpoena power, so Ron Johnson got the memo, and he has the final memo. There's an additional memo looking at another age group. Ron Johnson hasn't subpoenaed that. Maybe he doesn't even know that exists. But there's a few more deaths in that one. There's three more deaths in that one, so it'll be something like 10 deaths.</span></p>
<p><b>So what should the public take away from this information, given that even if this higher estimate is accurate, that's sad, but it's not a lot. And even COVID can kill children, even though that's also very rare. So what should people make of all that?</b></p>
<p><span style="font-weight: 400;">I think people should make of it: It was a really bad idea to vaccinate healthy kids for COVID and force them to do it, especially college kids. There are, on average—college kids did, in fact, probably were harmed on average by that policy, and we published on that before I got to the FDA.</span></p>
<p><span style="font-weight: 400;">I think public health has to take ownership of the fact that the one-size-fits-all COVID-19 policy and boosters was a bad thing for young people. It did damage. They won't—mean, if you can't admit what you got wrong, you know&hellip;</span></p>
<p><span style="font-weight: 400;">So I don't know what to take away from it. I think that it's disappointing that—why, I guess, to me what's disappointing is that there are people who say incorrect things about vaccines, that they have microchips, OK, or whatever, all sorts of crazy things. I hear a million crazy things, OK? They're crazy people.</span></p>
<p><span style="font-weight: 400;">So is the response to that to lie about the real safety concern? I don't think that makes sense. Just be honest about it, and then maybe don't mandate it in 20-year-old boys who are going to dorms, who just had COVID. Why do they do that? That's a Fauci policy. That makes no sense, you know? Like, so just admit we got that one wrong.</span></p>
<p><b>You clearly came in wanting to raise the bar for vaccine and gene therapy approvals. Was there tension with the Trump administration's deregulatory impulses, the desire to make it easier to access certain kinds of drugs?</b></p>
<p><span style="font-weight: 400;">I guess one thing I want to point out about </span><a href="https://www.facingourrisk.org/privacy-policy-legal/advocacy/federal-right-to-try-legislation-passes-signed-by-president"><span style="font-weight: 400;">"Right to Try"</span></a><span style="font-weight: 400;">, which is Trump's signature policy, is it's right to try, but it's not mandate to pay. You know, it's a big difference. Right to try means you should have the ability to try an investigational agent given to you either for free or at the manufacturing price. It doesn't say given to you for $4 million a pop and force Medicare to pay. And that's just what the bill says.</span></p>
<p><span style="font-weight: 400;">The next thing I'd say is I would draw a distinction between vaccine policy and gene therapy and rare diseases. In many ways, we were quite permissive with rare diseases. We created a pathway where you can approve a product that's individually made for babies with, say, enzymatic process deficiencies, the plausible mechanism pathway. We debuted that sort of pathway. That's a lot of flexibility. That's flexibility that didn't exist before.</span></p>
<p><span style="font-weight: 400;">For kids who are suffering from, like, incurable and rare diseases, I think we did do a lot of flexible things. We didn't demand randomized studies. We gave full approval for uncontrolled studies.</span></p>
<p><span style="font-weight: 400;">The vaccines are a different thing. We're not talking about people who—there are some vaccines used only for people with rare diseases, but most of them are this one-size-fits-all for every healthy kid. And in that case, I think people in America want to know that they're safe and effective, including the president. You can see, reading between the lines of his executive order, he has a lot of concerns and doubts. He may not place them in exactly the right places, but he does have those concerns or doubts.</span></p>
<p><span style="font-weight: 400;">And so in the vaccine space, I do think the bar should be brought up higher. I think it is kept low for political reasons. It is the political preference of the left to have to just say every vaccine is great and to not acknowledge that there are some serious downsides and concerns to some vaccine products.</span></p>
<p><span style="font-weight: 400;">To not talk about—like, that Hep B debate, I think, was a great example. I mean, the coverage was that if you give an inch on Hep B at birth for mothers who test negative—and, by the way, there are new, some ultrasensitive antigen testing, so they're pretty confident they're negative—you're going to have an epidemic of liver failure as a result. And that's, come on, that's just not plausible.</span></p>
<p><b>How did working at the FDA affect your own confidence as a consumer in the regulatory system?</b></p>
<p><span style="font-weight: 400;">I guess it gives me a little bit of pause sometimes. I like to trust but verify. I particularly am cautious always with new therapies and particularly cautious that some safety information is being missed.</span></p>
<p><span style="font-weight: 400;">And I think it also makes me a bit more libertarian. I can imagine a system where we give people in America greater flexibility in what kind of products they can try. And maybe there are some third-party agencies, like Consumer Reports–style agencies, that give different levels of quality and seals of approval of different products. And people can choose what they want and maybe also have a little bit more skin in the game and use their own money.</span></p>
<p><span style="font-weight: 400;">And then the moment you start to use your own money, suddenly tiny changes in surrogate biomarkers and elevated liver enzymes take on greater importance in a way that might not exist if you're using commercial insurance to pay for it.</span></p>
<p><b>Is it just you saw something inherent to the process that creates problems or holes or gaps?</b></p>
<p><span style="font-weight: 400;">I guess that the fundamental idea that there's this one-size-fits-all balance where safety and efficacy is acceptable. I mean, what might be acceptable to you and acceptable to me might be different. I might want a little bit more efficacy information, a little more safety validation, and you might be willing to try more.</span></p>
<p><span style="font-weight: 400;">And the idea that a single monolithic government agency in the suburbs of D.C. can set that bar for every single person in America, that, to me, is a tougher pill to swallow now.</span></p>
<p><b>You mentioned there were two sides of this FDA reform. One was to raise the standards for things like vaccines. The other was acknowledging that, yeah, it's very expensive and cumbersome to get anything approved in the United States. What were the biggest barriers that you saw in the FDA from that side of the equation?</b></p>
<p><span style="font-weight: 400;">Well, so many. I think I would say that during my time at the FDA, I was often sympathetic to the people who work at companies who told me about sort of the hurdles they were forced to jump through.</span></p>
<p><span style="font-weight: 400;">And to me, a big set of hurdles are if, you know, FDA does two things. We regulate what's approved and can be marketed and sold on the U.S. market, but also what you can study. And imagine you're a researcher and you want to study something. We're not talking about approve it. You want to gather people together who may be interested in trying something new, have an informed consent, get them to volunteer, but they know that, you know, we don't know for sure it's going to work.</span></p>
<p><span style="font-weight: 400;">We do so many things in that space, regulating what you can study and how you can study it, that I think are sensible. Sure, you don't want to let people sign up for something that's going to blind them or maim them. But some things aren't sensible, that are overly burdensome, that are quality controls that don't make sense for small companies and super-rare diseases that don't have a huge budget to study these things.</span></p>
<p><span style="font-weight: 400;">So I think the regulation in this early side of research is tremendous in the United States. A lot of it well-intentioned, but not all of it fit for purpose.</span></p>
<p><b>There was a deregulatory impulse there. Makary talked about wanting to make more things over the counter.</b></p>
<p><span style="font-weight: 400;">And that still should happen.</span></p>
<p><b>RFK Jr. has pushed to make testosterone and peptides and so forth more available and accessible while being more skeptical of pharma more broadly. Yeah, you said you're supportive of those sorts of ideas, making—</b></p>
<p><span style="font-weight: 400;">Some of those ideas.</span></p>
<p><b>Well, OK, so making over-the-counter medication&hellip;</b></p>
<p><span style="font-weight: 400;">I think simvastatin is a great example. Do you really need to talk to a doctor about a statin these days? You can go get a calculator, and you can decide if you want to take a statin yourself. It's a great example of something that could be over the counter. There are so many drugs where the doctor or the MinuteClinic or these services, they're just a gatekeeper from consumers having access to these products.</span></p>
<p><span style="font-weight: 400;">The peptides, I think, are sort of a mixed bag. There are some peptides that I think have very limited efficacy. There are others that have maybe more efficacy. And some of that battle is not really about safety or efficacy; it's about profitability. You see right now that—maybe I shouldn't say the exact peptide—but there's one peptide that a lot of people are using. They're getting it through these compounding pharmacies, and the manufacturer that holds a patent on that, they do not like that. They're going to lose a lot of money, and so they want to kind of fight that off.</span></p>
<p><span style="font-weight: 400;">So, like so many things, there's nuance there. There are some peptides that probably would be good for consumers to have a little bit more flexibility in getting through a compounding pharmacy, but not all.</span></p>
<p><b>Did you ever feel, sort of, that you were pushing against that? That if there was a deregulatory impulse, but you, in a sense, wanted to make things stricter in certain domains, did you feel a tension working within that system?</b></p>
<p><span style="font-weight: 400;">I guess I'm always a case-by-case person. So I'm always—you want to talk to me about a specific drug product, specific application, I'll get to the bottom of it, and I'll give you a presentation.</span></p>
<p><span style="font-weight: 400;">And what I found was that, to the credit of Robert F. Kennedy Jr., he listens to when you make the case, you know? And sometimes I make the case to him that wasn't his initial instinct. But I often think that the way the media do a disservice to him is they say his instinct is always wrong.</span></p>
<p><span style="font-weight: 400;">One of his instincts is that, you know, for-profit companies sometimes manipulate data to get people to use something to make a lot of money. There's a kernel of truth in that instinct, isn't there? And, you know, there's a kernel of truth in that instinct. So take that kernel and think about where it applies, but also think about where it doesn't apply, because for-profit companies also make a lot of terrific products that do good. And that's what I tried to do.</span></p>
<p><b>Well, yeah, I wanted to ask about a specific example that was one of the more controversial flash points in your tenure there, which was </b><a href="https://www.wsj.com/"><b><i>The Wall Street Journal</i></b></a><b> ran a scathing op-ed whose writer called you a </b><a href="https://www.wsj.com/opinion/vinay-prasad-is-a-bernie-sanders-acolyte-in-maha-drag-healthcare-bfc3be57"><b>"one-man death panel"</b></a><b> because you pushed—you pulled access to some of these experimental treatments, including a gene therapy for a form of muscular dystrophy, following some patient deaths. </b></p>
<p><span style="font-weight: 400;">Following people dying of it. Yeah, we did restrict that, yeah.</span></p>
<p><b>The point that that writer was making is that, again, these are people who have a terminal illness. They want access to this drug, and you, Vinay Prasad, are gatekeeping it from them. What's your response to that?</b></p>
<p><span style="font-weight: 400;">Oh my goodness. I guess I'd say nothing could be further from the truth. That drug remains on the market, and anyone can get it for an off-label use. They want the indication so they can force the insurance company to pay the multimillion dollars for it, or whatever it costs.</span></p>
<p><span style="font-weight: 400;">Certainly, I have a few thoughts. One is the editorial board of </span><i><span style="font-weight: 400;">The Wall Street Journal</span></i><span style="font-weight: 400;">, they know nothing about medicine. OK so they make mistakes in both directions too. They want things approved that are harmful and toxic and don't work, and they're missing things that are reforms that actually would help the businesses. So I think </span><i><span style="font-weight: 400;">The Wall Street Journal</span></i><span style="font-weight: 400;"> editorial board, they're making the same two kinds of mistakes.</span></p>
<p><span style="font-weight: 400;">I think you're alluding to the first time I left the agency in the summer of 2025. I mean, you have a drug product that came to the U.S. market where there's only one person I'm aware of at the FDA who wanted that product on the U.S. market. And that was the person who filed an override memo to approve it against the wishes of all the staff below. Hundreds and hundreds of people with expertise in the disease don't want to approve it because they think it doesn't work and has harms. But one person at the top thinks it does work.</span></p>
<p><b>Who was that? </b></p>
<p><span style="font-weight: 400;">That was </span><a href="https://www.washingtonpost.com/people/peter-marks/"><span style="font-weight: 400;">Peter Marks</span></a><span style="font-weight: 400;">. That was a Peter Marks override memo on that product. So, famously, blundered everything about the COVID boosters too. OK, so—but I'm happy to let sleeping dogs lie. I mean, it's been approved, but I can't go back and revisit every decision.</span></p>
<p><span style="font-weight: 400;">But then you get deaths. You get people who are getting the product who are dying. Well, what should the agency do about that? A product that has documented memos from review staff believing that they don't think it's helping. And now you have people dying.</span></p>
<p><span style="font-weight: 400;">I think if you're going to say, "What's the purpose of the FDA?" And, you know, many libertarians might think, "We don't need an FDA." And I'm actually—</span></p>
<p><b>We're going to get to that.</b></p>
<p><span style="font-weight: 400;">OK, well, I'm kind of sympathetic a little bit.</span></p>
<p><b>I have it right here.</b></p>
<p><span style="font-weight: 400;">I'm like, I can see your point. So I can see that point of view, and I appreciate that point of view. But if it's going to do anything, surely the one thing it's got to do is prevent people from taking something that you don't think helps at all and that can kill them. If it's going to do anything, surely it's got to do that.</span></p>
<p><span style="font-weight: 400;">And so I think that that's a very reasonable change to the label that occurred in that case, where it was a group of patients—and there's a group of people that are younger, with lower body weight, who are walking, and the drug remains on the market for those people. And there's an older group of people with higher body weight—the drug is dosed based on body weight—that aren't walking, and that's where the deaths occurred. And it no longer remains on the market for that group of people. But they could still get it off-label, technically.</span></p>
<p><b>Part of the backlash to that—and this was the moment that precipitated your first departure from the agency—was </b><a href="https://en.wikipedia.org/wiki/Laura_Loomer"><b>Laura Loomer,</b></a><b> the MAGA influencer, was blasting you on social media. She called you a "progressive left saboteur of the MAGA agenda." You didn't respond to Loomer at the time, but for understandable reasons, now that you're out, are you a far-left MAGA saboteur?</b></p>
<p><span style="font-weight: 400;">MAGA saboteur or MAHA saboteur?</span></p>
<p><span style="font-weight: 400;">I think in many ways, I would say, I don't know if I'm a MAGA proponent or saboteur, but MAHA—I think the idea that, to Make America Healthy Again, I think there are lots of kernels of truth in that. There are lots of things that Bobby Kennedy is right about in the food supply, dyes in food, pesticides, toxins, and drug reforms, and vaccine reform. I think that there's lots of kernels of truth in that movement, and health care is kind of my predominant thing.</span></p>
<p><span style="font-weight: 400;">Laura Loomer is a new type of lobbyist, but I think people shouldn't forget that we've always had lobbyists. There are lobbyists at the FDA for decades and decades. They don't always come across as a Laura Loomer, but they're there, and they have influence. So anyone who thinks it's a system that cannot be lobbied—I hear some people say, like, Laura Loomer is the first to lobby. She's not the first. She won't be the last.</span></p>
<p><b>To be clear, is this what caused you to be pushed out the first time?</b></p>
<p><span style="font-weight: 400;">It was interesting timing. I can leave it at that.</span></p>
<p><b>OK. You know, you said that your time within the FDA made you somewhat skeptical or maybe more sympathetic to the libertarian critiques of FDA. What about that experience?</b></p>
<p><span style="font-weight: 400;">I guess I'm really sympathetic in one way, which is, like, the core sympathy is the following: We tax people a lot of money to pay for health care in America. I mean, trillions of dollars. We're taking trillions from people's paychecks, from taxation, and we're taking it for this thing that we think is a benefit to people, which is we're going to offer a service that is maybe a human right, a societal good.</span></p>
<p><span style="font-weight: 400;">And surely the service we offer—we do have some of that stuff in there. Like, if you have a heart attack, you go to the doctor here, with or without insurance, they're going to open up that blockage, like, right now. That's a great thing.</span></p>
<p><span style="font-weight: 400;">But along with that package deal, we're going to insert a few things that may or may not work that cost a lot of money. And all that's doing is taking lots of money from taxpayers and redistributing it to the shareholders of those companies. It's a huge financial system with the rare adverse event of helping someone's health.</span></p>
<p><span style="font-weight: 400;">And the libertarian comes along and says, "I'd rather not pay the tax, have more skin in the game, decide what's right for me, and I'm the best person to decide how to use my own money." And I guess I do feel a sympathy to that point of view because this system has so many places where it can be taken advantage of, where people get something that doesn't help that much, that only may kill without any possibility of benefit, and you take a lot of other people's money to pay for that.</span></p>
<p><b>Yeah. I mean, one of the specific libertarian proposals—and this was something that was floated by </b><a href="https://www.hhs.gov/press-room/jim-oneill-sworn-in-as-deputy-secretary.html"><b>Jim O'Neill</b></a><b>, who was the deputy at HHS, another example of maybe the sort of interesting tension—you've got RFK and then Jim O'Neill, who once said that FDA should be rolled back to its pre-1962 mandate, where all it does is vet for safety. It doesn't even gatekeep based on efficacy. The market and doctors sort of will work that out.</b></p>
<p><b>My question is: Are we headed that direction? With the way that medicine is changing, do you think the FDA is going to need to be reimagined somewhat?</b></p>
<p><span style="font-weight: 400;">I mean, I appreciate Jim O'Neill a lot, and I think he's got a lot of wise ideas. And I think I appreciate that he's very philosophically consistent. But let me use an analogy, because when we talk about safety, I think we mean two things, not one thing.</span></p>
<p><span style="font-weight: 400;">OK, we say safety and efficacy is the mandate of the FDA since 1962. OK, when you get in your car and you turn the ignition, the first type of safety is you've got to make sure that car doesn't blow up, OK? You've all seen the mafia movie where the car blows up. OK, so that's a type of safety. We know the car can turn on, the gas line doesn't explode the car, like, it's safe.</span></p>
<p><span style="font-weight: 400;">The next thing is efficacy. You drive down the street. Can the car actually go down the block? That's efficacy. OK, well, FDA, we definitely do the first thing. I think we definitely show in phase one and early-phase testing, your car's not going to blow up.</span></p>
<p><span style="font-weight: 400;">Then we kind of do the second thing. We kind of make sure that cars go down the road a little bit. Some cars may not go as far as other cars, and sometimes we don't look at how far the car goes. We use the surrogate of the engine's running, it sounds like it's going to go. So we use the surrogate. So we kind of monitor efficacy.</span></p>
<p><span style="font-weight: 400;">But that's not what we really mean for car safety. What we really mean is 1,000 Volvos have been driven 400,000 miles, and we know that the rate of car accidents and driver fatalities are lower than, let's say, I don't know, Chevy. Or—you get the point.</span></p>
<p><span style="font-weight: 400;">See, that type—that's what people really mean by safety. That the Volvo is the safest car because with 400 million miles of follow-up, the driver is 20 percent less likely to die than other cars. OK, that is the part of the FDA that we don't do a good job. We have never done a good job, and we never will do a good job. It requires large sample sizes and unbiased data, and I think that there is very little effort to do that.</span></p>
<p><span style="font-weight: 400;">So when people say things like, "COVID-19 shots absolutely do not cause miscarriage," and they cite an observational study where the women who got it and the women who didn't get it are different women—they chose to do it, right?—that's not really proving that it doesn't cause any miscarriage. When you administer a drug to lots and lots of people in a biased way, you can't really look for small safety signals. So I think that's a huge failure.</span></p>
<p><span style="font-weight: 400;">So back to Jim O'Neill's point. If Jim O'Neill wants a world where we just make sure the car doesn't blow up when you start it, I think it's philosophically defensible. If he wants a world where we know that the car will run for many, many miles without causing more fatalities, that's a tougher pill. That's not very doable.</span></p>
<p><b>Yeah. I mean, isn't this partly what Makary is trying to push for? He issued a memo saying the FDA is going to become more Bayesian. So we're going to look—Bayesian statistics is kind of like you're placing small bets on, like, probabilities that something is safe or not safe. And you can kind of try to zoom in more on a more individualized level, on subpopulations, instead of the one-size-fits-all approach.</b></p>
<p><b>Is there a way that you see, from how you observed the machinery operating, that that can be pushed further? That sort of tracking results at that granular level over time, over those 400,000 miles, is something the FDA would be able to do, or, if we're post-FDA, some other organization would be able to do?</b></p>
<p><span style="font-weight: 400;">That's a great question. Well, I definitely think there's lots of value in the Bayesian methodology, and it will accelerate products to market. It will leverage data from one disease to another disease, one drug to a sister or brother molecule. So I think there is lots of value in Bayesian statistics.</span></p>
<p><span style="font-weight: 400;">On this question of really safety, let's talk about it. Let's imagine I come up with a drug that improves depression, and it really improves depression. But what if it increases the rate of heart attacks by four percentage points? Not 40, not 80 percent, but, like, 4 percent, or 2 percent, or half of 1 percent. At a population level, that could be very bad, like a tiny increase in heart attacks, but it might be very, very difficult to find.</span></p>
<p><span style="font-weight: 400;">And here's why. I debut my new depression medicine. Who are the first people who get it? It's not the average person with depression. It's going to be the wealthiest person with the best health care and the best insurance. They're going to be the first people to take it. And that person's rate of heart attack might be a little bit lower than the other depressed people who are not as well-educated or literate or health-conscious and these kinds of things.</span></p>
<p><span style="font-weight: 400;">So I think we do have a challenge with phase four post-market surveillance for safety. We have a broad problem with it. We have very weak methods, I think. And I don't think Bayesian will get around that problem because the problem is the types of people who take it first are different than those who take it second or third.</span></p>
<p><b>Well, I mean, another person who has been—another prominent voice who's been raising concerns about this—because when you're looking at the risks of drugs, there are two sides of the equation. There's the risk of approving it and then the risk of not approving it, because if it is an efficacious drug, how many people who would have had access to it earlier could have had their lives saved or prolonged or improved over that time period?</b></p>
<p><b>And someone who's raised that issue in the age of AI is </b><a href="https://darioamodei.com/"><b>Dario Amodei</b></a><b>, the CEO of </b><a href="https://www.anthropic.com/"><b>Anthropic</b></a><b>. And I'm just going to read you his quote, because he specifically called out the FDA, and I'm wondering what you think of this. And we've already seen AI being integrated into biotech labs. So we know that the idea here is to try to use AI to individualize, like, you know, drugs targeted to specific individuals, genomes, and so forth.</b></p>
<p><b>And he </b><a href="https://darioamodei.com/post/policy-on-the-ai-exponential"><b>wrote</b></a><b> that, "Regulatory systems were designed for a slower pace of innovation and we are not prepared for the deluge of new products and advances that AI will bring. AI may also make these downstream technologies safer and more predictable in a way that violates the skeptical assumptions of regulatory agencies like the FDA."</b></p>
<p><b>If Amodei is right about the effect AI is going to have on the field, do you think that the FDA is going to be able to adapt to that future?</b></p>
<p><span style="font-weight: 400;">Well, it's a great question. I guess, let me start by saying, I mean, I definitely see kernels of truth in what he's saying, but maybe I'm not as much of—I don't go all the way he goes.</span></p>
<p><b>Sure.</b></p>
<p><span style="font-weight: 400;">So where I see, like, the big core truth is, I think the FDA tries to regulate AI itself, medical AI. You wear a watch that's supposed to give you information, and the FDA wants to do a lot of that regulation. That's a very tough thing to regulate because this technology is getting so—it's changing so much faster than our ability to judge it.</span></p>
<p><span style="font-weight: 400;">And I do agree with Marty and others who think that that's probably not the best role, for regulating all the potential aspects of digital health and health AI.</span></p>
<p><span style="font-weight: 400;">And, for instance, you can imagine the absurd where, you know, should government regulate—I'm a doctor. I'm seeing a patient later this afternoon—should government regulate the apps I can use to read, to, like, learn about the disease or ask questions? You know, should it regulate </span><a href="https://www.openevidence.com/"><span style="font-weight: 400;">OpenEvidence</span></a><span style="font-weight: 400;"> and those guys? You know, you could ask that question. I don't think it should.</span></p>
<p><b>I mean, you could ask the question. I just spoke to a company called </b><a href="https://www.doctronic.ai/"><b>Doctronic</b></a><b> that is acting as an AI prescriber in Utah. Utah is allowing the AI to refill prescriptions. So that's another example of where these questions are going to have to be answered, of where does the government step in and where does it step back.</b></p>
<p><span style="font-weight: 400;">And I think I have a general philosophic feeling that probably government is much more likely to get in the way of these kinds of innovations. It's changing so quickly, it's going to be very difficult for government to regulate that.</span></p>
<p><span style="font-weight: 400;">Now, you talk about drug discovery and drug science and those kinds of aspects of AI. I think if I was a pharmaceutical firm, I would definitely invest in AI. I think there are so many things around running clinical trials that we can do better with AI, help us run them cheaper and faster and more efficiently.</span></p>
<p><span style="font-weight: 400;">But I do think when it comes to molecule discovery and basic science, I'm not as optimistic as Dario for a couple reasons. One, I think a lot of the information that is fed into models about cancer biology is basically as close to fraudulent research as you can imagine. We're talking about, like, the Stanford president whose Western blots—with Photoshop kind of research. You've got research that's not reproducible. It's not just my opinion. Many companies have taken samples of the literature, and they try to replicate it in their own labs, and they have massive strikeout rates, you know?</span></p>
<p><span style="font-weight: 400;">So if you train AI on garbage, it's just not going to—like, what can it learn? It's trained on, like, inaccurate information. So I think that's a challenge it faces.</span></p>
<p><span style="font-weight: 400;">The second challenge is AI will be happy to give you hypotheses to study, but you'll still need to kind of run it in a few people to kind of validate those hypotheses. I suspect the limiting reactant is not coming up with ideas. We have so many—we have more ideas than we can study with people. The limiting reactant is getting the people to consent and manufacturing the products and those kinds of things.</span></p>
<p><span style="font-weight: 400;">I hope he's right, and if he is right, it sounds like a great future. But I'm a little bit skeptical that he's totally right because I think the biology of it is a lot harder.</span></p>
<p><b>What about the role of the FDA in this biohacking movement, which has become more popular? You mentioned peptides recently. That's the new, sort of, frontier of all this. People are going to these compounding pharmacies, and they're getting peptides for, quote, "research purposes," and it's causing some concern in the media and maybe in the health establishment, and calls that maybe the FDA needs to get more aggressive in this area. What's your assessment?</b></p>
<p><span style="font-weight: 400;">Yeah, I feel like it's the same. But we already struggle with this tension between there are many, many people selling products that are on the cusp of what we can regulate in biologics. How much modification does it have to undergo before it falls under our purview? Versus if it's just a simple—like, if I take a piece of your skin, I can graft it on the other part of your skin. It doesn't go through FDA regulation, for instance.</span></p>
<p><span style="font-weight: 400;">OK, so, but there are people playing around the edge of this for years, and we have enforcement discretion, where we choose to enforce the rules or not enforce the rule based in part on if the juice is worth the squeeze, the patient communities, and those kinds of things. And I think they're going to continue to walk that line.</span></p>
<p><span style="font-weight: 400;">But to me, what's interesting is where you've got the compounder and they're making, like, retatrutide, Eli Lilly's product, and you've got a lot of people taking it, and they are losing weight, and it looks very similar to the clinical study, and you don't have adverse events different than the study reported. What do you do in that space?</span></p>
<p><span style="font-weight: 400;">Of course, the company has a strong interest in killing that market off, and they're probably going to lobby hard to kill it. But is it actually a public health risk, or is it the perception of a public health risk? People always say, "Well, you know, the compounding pharmacy can go bad." That's true, but so can the factory, you know, the actual manufacturing plant.</span></p>
<p><b>I think that a lot of people are going to watch this interview and wonder, why aren't you still at the FDA? Your second departure in April of this year—then-FDA chief Marty Makary said your exit was preplanned to coincide with your leave from UCSF, where you still teach. On the other hand, </b><a href="https://www.statnews.com/2026/03/06/fda-vinay-prasad-controversial-cber-director-leaving/"><b>STAT News</b></a> <b>reported around that time, based on talking to several of your employees, that you were clashing with career bureaucrats, people within the machine, and that they thought your management style was creating, quote, "an environment rife with mistrust and paranoia."</b></p>
<p><b>So what is the truth? Why did you really leave permanently for the second time?</b></p>
<p><span style="font-weight: 400;">All right, well, first I want to say one thing about how they report. OK, you know, like, the reporting in this space is really bad. OK, we've got the big outlets like </span><i><span style="font-weight: 400;">The New York Times</span></i><span style="font-weight: 400;"> and </span><i><span style="font-weight: 400;">The Washington Post</span></i><span style="font-weight: 400;">. They only want to report on a story if it has to do with Robert F. Kennedy Jr. That's their only interest, because if it's not Robert F. Kennedy Jr., they don't care. They don't care about chikungunya or Replimune or all these things that came up. They just don't care about those topics. They don't interest their readers. They don't think it's broadly interesting. And so they, poof, they're gone.</span></p>
<p><span style="font-weight: 400;">Then you've got a group of people that write at outlets for investors. Their audience is investors, and they're writing for investors, and that's their prime business. It's like, who wants to read about this small company except the investors in the company?</span></p>
<p><span style="font-weight: 400;">And what's their method to say that my leadership style is whatever they say? They get one person they've known for years at the FDA, calls them up, says, "I don't like this guy, and here's three of my friends who are going to call you up." They're not randomly picking the employees to get a sense of the tenor or tone or anything like that.</span></p>
<p><span style="font-weight: 400;">So I think that's all just complete nonsense, like, what the leadership style—go to CBER and just literally pick 50 random people and ask them what you thought of me. And I'm happy to accept whatever they said if you pick them randomly. I'd suspect they'll say mixed things, like any boss. You know, that I'm really interested in science and I push back on some things, but then there are things I'm indifferent to.</span></p>
<p><span style="font-weight: 400;">OK, the next thing I'd point out is it is true that I only had a one-year leave to go do it. Then who knows? They'll give away my job here, you know, and I lived here the whole time. That's no secret, you know. I was going back and forth.</span></p>
<p><span style="font-weight: 400;">And my goal in life is not to be a career regulator. That was never my goal in my life. I was doing it because I thought it was a public service, and if you talk so much about the agency and you get a chance to work in the agency, surely you'd be a hypocrite for not taking that chance.</span></p>
<p><span style="font-weight: 400;">But I do note my leaving, which coincided with the commissioner leaving and with Tracy Beth leaving CDER. And what I find fascinating is there's not a single news outlet that can tell me how Tracy Beth left. Because Marty had left, I had left, and then Tracy was relieved of duty one day suddenly. And </span><a href="https://www.politico.com/news/2025/12/20/rfk-kennedy-danish-vaccine-schedule-denmark-00701999"><i><span style="font-weight: 400;">Politico</span></i></a><span style="font-weight: 400;"> reports that Robert F. Kennedy Jr. doesn't even know she wasn't working there anymore.</span></p>
<p><span style="font-weight: 400;">So who took her out? Not a single news outlet's interested in that story. I find that fascinating.</span></p>
<p><b>People who hear about you leaving, Makary leaving, Tracy leaving, the impression that many will get in the MAHA movement is, "Well, here it is. Here's Big Pharma pushing out the dissidents yet again." How accurate or inaccurate is that?</b></p>
<p><span style="font-weight: 400;">I think all government reform is limited by threatening the profits of very rich people. I think all reform will be limited by that. And where MAHA will succeed is where the money and the mission go together, but in the spaces that we were in, the money and the mission go in different directions. And so I think it's an uphill battle.</span></p>
<p><b>One of your persistent criticisms has been the revolving door. You mentioned your predecessor, Peter Marks, earlier.</b></p>
<p><span style="font-weight: 400;">Oh, you mean the </span><a href="https://www.lilly.com/?utm_source=GOOGLE&amp;utm_medium=cpc&amp;gclsrc=aw.ds&amp;gad_source=1&amp;gad_campaignid=22491649804&amp;gbraid=0AAAAABfVgSmtv_USH_f-4XJcjE5NmJH5t&amp;gclid=CjwKCAjw7p_UBhBlEiwAhpIs7yw1cvwfjlk-tdlg2CNsrcIA3-qywxYkEKVxQXy2px_i_nqKlu5RWBoCqwIQAvD_BwE"><span style="font-weight: 400;">Eli Lilly</span></a><span style="font-weight: 400;"> vice president of vaccines?</span></p>
<p><b>Right. That's what I was getting at. Is that still looming over government as a problem, in specifically public health?</b></p>
<p><span style="font-weight: 400;">Absolutely. Public health—it's the biggest&hellip; I see </span><a href="https://www.commonwealthfund.org/person/ashish-k-jha"><span style="font-weight: 400;">Ashish Jha</span></a><span style="font-weight: 400;">, who is the White House COVID coordinator, he says, you know, he thinks it's lab leak after all. It's funny. He just came to that realization when he created—what is it called?—</span><a href="https://bioradarusa.com/"><span style="font-weight: 400;">BioRadar</span></a><span style="font-weight: 400;">, his company that helps people solve lab leaks, you know? It's like, what a coincidence. He suddenly realized, that's a lab leak. I just got a company that works on this issue.</span></p>
<p><a href="https://www.fda.gov/about-fda/fda-leadership-1907-today/robert-califf"><span style="font-weight: 400;">Bob Califf</span></a><span style="font-weight: 400;">, revolving door of a company. </span><a href="https://www.aei.org/profile/scott-gottlieb/"><span style="font-weight: 400;">Scott Gottlieb</span></a><span style="font-weight: 400;">—oh, he's always quoted as the FDA commissioner. "Scott Gottlieb thinks you should get your Pfizer vaccine." You mean Pfizer board member Scott Gottlieb thinks I should get a Pfizer vaccine.</span></p>
<p><span style="font-weight: 400;">So why do I think it's a problem? I think that most of the people who work at the FDA are super good people, honest people. A few people working at the FDA are definitely making decisions with the goal of wanting to work for these firms when they're done. </span></p>
<p><b>So is the fix to that to have some sort of moratorium or amount of time before you're allowed to be employed by industry?</b></p>
<p><span style="font-weight: 400;">I don't know. Who would do it? To be honest, you already take the terrible pay cut to be in government service. A lot of these people are doctors, and it's difficult for them to have a practice.</span></p>
<p><span style="font-weight: 400;">To me, of all the things I miss the most, I miss my clinic the most. I miss that part of—I always say, you can undo everything I did at the FDA, but you can't undo my last week of clinic. If you really did something, it's very tangible.</span></p>
<p><span style="font-weight: 400;">I think that's a downside of the employment. A lot of these roles, you don't have a lot of autonomy. And so if you take away the ability to work in the industry, I think you might kill off the entire—who would even work there?</span></p>
<p><span style="font-weight: 400;">Moratorium, I'm not sure that's the right answer. I'm genuinely unsure of how to create enough incentive to get great people to work there, but also to safeguard against these perverse interests. And I don't have the answer to that.</span></p>
<p><b>Are you glad that you went to the FDA?</b></p>
<p><span style="font-weight: 400;">I am glad because I feel like, you know, how often in life do you get to do a job where you really see and learn a lot about things you had only talked about or read about before? That's one. And, you know, like anything, you get offered these opportunities only once in a life to go do something like this. So I'm glad I did it.</span></p>
<p><b>You sort of rose to fame as this COVID critic, COVID dissident, and critic of the lockdowns, masking children, vaccine mandates.</b></p>
<p><span style="font-weight: 400;">I thought you were going to say because of the book </span><a href="https://www.amazon.com/dp/1421437635/ref=nosim?tag=reasonmagazinea-20"><i><span style="font-weight: 400;">Malignant</span></i></a><span style="font-weight: 400;">.</span></p>
<p><b>No.</b></p>
<p><span style="font-weight: 400;">It wasn't that. That didn't catch your eye?</span></p>
<p><b>We talked to you at one point about a piece you wrote arguing that the public health establishment was right—it's right that they lost your trust. Do you think that anything has happened, that it's time for people to start regaining trust in public health?</b></p>
<p><span style="font-weight: 400;">Oh, no way. Oh, no way. No way. No way. I wouldn't trust it at all, yeah.</span></p>
<p><b>What still needs to happen for public health to earn back, legitimately, the trust of the public?</b></p>
<p><span style="font-weight: 400;">Boy, you remember monkeypox? And I remember public health experts said, maybe every kid should get—every college kid should get a monkeypox vaccine before going to college. I said, "Do you know how monkeypox spreads?" It's not every college kid.</span></p>
<p><span style="font-weight: 400;">"Kids should wear masks in school because of monkeypox." This is what, like, a former surgeon general said. They're completely wrong. OK, so that was just one example.</span></p>
<p><span style="font-weight: 400;">What can they do to regain trust? I don't know if it's even possible. I think it's just so fragmented now. You ask people, and they tell you with a straight face, like people I know, "Anthony Fauci, you know, he made no mistakes. Literally did the best job he could with the information he had."</span></p>
<p><span style="font-weight: 400;">And then I said, "Let me just focus on one tiny thing. He did say you should take your 24-month-old kid and put a cloth mask on that kid all day in day care. He said that. You don't think he had any clues at the time that that was a dumb idea?" I mean, it's obviously dumb, right? So, like, that's their position.</span></p>
<p><span style="font-weight: 400;">On every issue, I'll give you another example. There was the outbreak of—what is it? Cyclospora. And there was a public health doctor from San Diego who was quoted on NBC that says, for the next few weeks, just don't eat any fresh fruits or produce at all. Give up all fresh produce.</span></p>
<p><span style="font-weight: 400;">Can you imagine how myopic you are? OK, so yes, there's an outbreak. You mean to tell me for a few weeks you want everybody in America, or whatever, to not eat fresh fruits and vegetables? What will happen to the agriculture industry? What will happen to my blood cholesterol? What will happen to my fiber intake? Some of those people may never go back to eating vegetables, a tiny fraction of them will gain weight.</span></p>
<p><span style="font-weight: 400;">Public health is so myopic. It doesn't understand that you have to look at the whole issue. And isn't that a perfect analogy for COVID? You know, "Oh, just don't go outside. Just stay in your house all day." As if human beings don't need contact with other people and see face to face. As if that doesn't matter at all. "Just don't eat fresh fruits and vegetables."</span></p>
<p><span style="font-weight: 400;">So public health has not learned its lesson. The problem with public health, I think, is that they're completely politically captured now. Public health and the far-left wing of the Democratic Party are synonyms. There's no political balance on there.</span></p>
<p><span style="font-weight: 400;">I think a little balance would go a long way. A little bit of open-mindedness would go a long way in public health. A little humility to just admit a few things we got wrong in the pandemic. They closed schools in this city for 18 months. That was just a self-inflicted wound. Just hurt the kids of this city.</span></p>
<p><span style="font-weight: 400;">And it didn't hurt the rich kids in private school. Those kids went—you know, those schools ran. It hurt the poor kids in public school, which is the exact opposite of the progressive philosophy. So I never understood that.</span></p>
<p><b>But, I mean, the federal public health apparatus is still in control, still staffed at the top by RFK Jr., Jay Bhattacharya is still there. Is that not having some sort of trickle-down effect or countercurrent?</b></p>
<p><span style="font-weight: 400;">I don't know. I just don't think it's—I mean, don't get me wrong, I love Jay, and I think Jay's heart's in the right place, and Jay is going to—he's already made some really important changes.</span></p>
<p><span style="font-weight: 400;">And I agree a lot with what the kernel of Bobby's ideas—I agree with the kernel. I say the kernel because I can think of a way that it makes sense, and I can also think of ways it doesn't make sense.</span></p>
<p><span style="font-weight: 400;">But, you know, people, before I went to government, people told me that there is a fourth branch of government, and it's the career state employees. And I never believed that to be true, but now I'm certain that is true, that you have a lot of people who are in government. They tend to be in just three or four counties in one area, a blue pocket of America. They have strong views, and they really do a lot of the governance of this country.</span></p>
<p><span style="font-weight: 400;">They make the decisions that regulate all of us in a way that's unaccountable to Congress and unaccountable to the president. And I suspect they'll continue to stay.</span></p>
<p><span style="font-weight: 400;">But I think the COVID pandemic revealed to so many people that we made mistakes, and that distrust in medicine and public health will just continue to grow, and that there will continue to be more of these kinds of reckonings in the years to come.</span></p>
<p><b>Last question. What is next for you? What are you doing now?</b></p>
<p><span style="font-weight: 400;">I'm the vice president of Eli Lilly vaccines. No, just kidding. Joining Peter in the back. No, I'm just kidding.</span></p>
<p><span style="font-weight: 400;">You know me. You know, I am back to doing what I love. You know, I'm a doctor by training, and so, to me, that was why I got into health, because I like to be in clinic, and I still like to be in clinic. I still like to be on rounds. I think it's the most interesting part of medicine.</span></p>
<p><span style="font-weight: 400;">You see a person, you think about their problem, you talk to them about their problems, you advise them, you help them make better decisions. And so I love doing that.</span></p>
<p><span style="font-weight: 400;">I like making the videos, like you might make the videos. I'm on YouTube, and I'm on Substack writing for </span><i><span style="font-weight: 400;">Sensible Medicine</span></i><span style="font-weight: 400;">. And I don't know, I'm taking a much-needed rest and not in a hurry to get on to the next thing.</span></p>
<p><span style="font-weight: 400;">I'm a professor. You know how professors are. We just like to sit around and talk.</span></p>
<p><b>OK, well, yes, you can read Vinay Prasad's writing at </b><a href="https://www.sensible-med.com/"><b><i>Sensible Medicine</i></b></a> <b>and also your Substack, </b><a href="https://www.drvinayprasad.com/"><b><i>Vinay Prasad's Observations and Thoughts</i></b><b>,</b></a><b> and subscribe to your YouTube channel. Thank you so much for sitting down and talking with me today.</b></p>
<p><span style="font-weight: 400;">It was a pleasure.</span></p>
<p>&nbsp;</p>
<p>The post <a href="https://reason.com/podcast/2026/08/26/vinay-prasad-public-health-in-this-country-is-so-broken/">Vinay Prasad: Public Health in This Country Is So Broken</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:credit><![CDATA[Illustration: Adani Samat]]></media:credit>
		<media:description type="html"><![CDATA[Vinay Prasad appears on the left. Zach Weissmueller appears on the right. An image of the FDA headquarters signage appears behind them. Bold text across the bottom of the screen reads "It Makes Me More Libertarian."]]></media:description>
		<media:title><![CDATA[Vinay-Zach-2]]></media:title>
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					<author>
			<name>Liz Wolfe</name>
							<uri>https://reason.com/people/liz-wolfe/</uri>
						<email>liz.wolfe@reason.com</email>
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					<title type="html"><![CDATA[
				Still the Kingmaker			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/26/still-the-kingmaker/" />
		<id>https://reason.com/?p=8398906</id>
		<updated>2026-08-26T13:26:28Z</updated>
		<published>2026-08-26T13:30:03Z</published>
			<category scheme="https://reason.com/latest/" term="Artificial Intelligence" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Reason Roundup" /><category scheme="https://reason.com/latest/" term="South Carolina" /><category scheme="https://reason.com/latest/" term="South Carolina Primary" />		<summary type="html"><![CDATA[Plus: Surrogacy case, pied-à-terre tax, AI op-eds, and more...]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/26/still-the-kingmaker/">
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										alt="Darline Graham | Tracy Glantz/TNS/Newscom"
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		<p><strong>Darline Graham won her Senate primary:</strong> Down in South Carolina, Darline Graham—the sister of recently deceased Lindsey Graham—just won the Republican Senate primary, overcoming her dearth of experience (and probably being helped by President Donald Trump's aggressive endorsement).</p>

<p>"Despite being a political unknown, Graham bested some of South Carolina's top political names in the special election spun up after Lindsey Graham's <span class="LinkEnhancement"><a class="Link AnClick-LinkEnhancement" href="https://apnews.com/article/lindsey-graham-dies-south-carolina-bfa556e170f2df22ce9ffc7165da3dfa" data-gtm-enhancement-style="LinkEnhancementA">sudden death last month,</a>" <a href="https://apnews.com/article/south-carolina-election-lindsey-graham-03899983c3702842039e99d62e16ddad">reports</a> the Associated Press.</span> "She was appointed by Gov. Henry McMaster to serve out the remaining months of her late brother's current term and swiftly won an endorsement from Trump, who encouraged her to enter the race for a full term and campaigned for her in the state last week."</p>
<p>Graham has positioned herself rather beautifully as a sycophant. She has "repeatedly stressed to voters her intent to support Trump's policy positions and often referenced in particular her co-sponsorship of a voting bill that's become a key priority for the president," notes the A.P. It turns out Trump can still be a kingmaker, and pledging fealty to him is seen as the price of admission in several key races. It's impressive that someone with so little political experience was able to beat sitting U.S. Rep. <span class="LinkEnhancement">Ralph Norman, but I suppose that's just the power of MAGA.</span></p>
<hr />
<p><strong>Surrogacy case divides: </strong>Baby Gabriel, or baby Rumi—depending who you ask—was born earlier this month, having been diagnosed with a serious heart condition in utero at the 20-week scan. He's undergone the first of several surgeries he'll need in his childhood and is recovering at a hospital in Texas. But here's the twist: It's not really clear who his parents are. Gabriel/Rumi was born via a surrogate, McKenna West, who traveled from her home in Alaska all the way to Texas to have him. His biological parents, Nausheen Gilkar and Omar Ahmed, of Los Angeles, had asked West to abort him when the heart condition was diagnosed, per the terms of their surrogacy contract. West refused.</p>
<p>"Upon learning this devastating news [the hypoplastic left heart syndrome diagnosis], A.B. [Omar Ahmed, the intended father] and C.D. [Nausheen Gilkar, the intended mother] consulted with health care providers and researched the quality of life associated with this dire diagnosis to understand the future their child faced. After thoughtfully doing so, they made the agonizing and difficult decision to terminate the pregnancy," <a href="https://www.cnn.com/2026/08/20/us/texas-baby-surrogate-abortion-dispute">wrote</a> the intended parents' attorney in a court filing. "It is undisputed that West initially agreed and that she herself made the initial appointment."</p>
<p>Then, it's not totally clear what happened: "West alleged Ahmed and Gilkar pressured her to have an abortion against her wishes and refused to commit to providing life-saving care for the baby, should it be born, according to court documents," <a href="https://www.cnn.com/2026/08/20/us/texas-baby-surrogate-abortion-dispute">reports</a> CNN. "Ahmed and Gilkar say West cut off communication with them shortly after agreeing to terminate the pregnancy. Then, rather than pressuring West to have an abortion, they said they pivoted to arranging medical care for the baby in California, the documents state."</p>
<p>West is a nurse with two children of her own, whom she moved down to Texas temporarily so that she could give birth at a hospital that could appropriately provide for the baby's care. West has gone viral across right-wing media and was able to get connected with both Live Action and the Alliance Defending Freedom to be able to afford representation in court. "They were treating her baby like a product," Live Action's Lila Rose <a href="https://www.nytimes.com/2026/08/12/us/texas-surrogate-baby-abortion-dispute.html">told</a> <em>The New York Times.</em> "The product had a defect, and so they were trying to send it back." Ahmed and Gilkar seem to want custody now, and have allegedly agreed to provide medical care for Gabriel/Rumi, but are also suing West for damages.</p>
<hr />
<p><strong><em>Scenes from New York:</em></strong> Mayor Zohran Mamdani's administration has earned plenty of ire over the past few months as it has totally botched the rollout of the <em>pied-à-terre</em> tax. "Last month, the Finance Department notified about 17,000 property owners that they might be subject to the tax—a levy on high-end 'pieds-à-terre'—unless they could prove that the dwelling was their primary residence," <a href="https://www.nytimes.com/2026/08/25/nyregion/mamdani-pieds-a-terre-tax-homes.html">reports</a> the <em>Times. </em>This would apply to second home condos and co-ops with a value of at least $1 million or more, and single-family homes with a value of $5 million or more. The only trouble: A new lawsuit "argues that the city sowed chaos by sending out the 17,000 notices without first determining that the property owners were not full-time residents, and by releasing a list of nearly one million 'properties that may be subject to the charge' that included the owners' names."</p>
<hr />
<h2>QUICK HITS</h2>
<ul>
<li>"To almost everyone in this world, outside the AI bubble of Silicon Valley, the idea of scooping up property rights outside of Earth might sound improbable. But in [Leopold] Aschenbrenner's world, that sort of fervent belief was among the reasons the 24-year-old investor was hailed as a visionary," <a href="https://www.wsj.com/tech/ai/situational-awareness-leopold-aschenbrenner-ai-fund-4dbb00a4">write</a> Berber Jin, Ben Cohen, and Anissa Gardizy for <em>The Wall Street Journal. "</em>Since graduating from Columbia University in 2021 as the class valedictorian at age 19, he has worked his way into the upper echelons of technology. He spent time working out of now-convicted crypto founder Sam Bankman-Fried's compound in the Bahamas and then at <a class="ekxajjj0 css-i0lbhy-OverridedLink" style="background-color: #ffffff;" href="https://www.wsj.com/topics/subject/openai" target="_blank" rel="noopener" data-type="subject">OpenAI</a> in San Francisco. Even as he drew attention as a troublemaker among some of his bosses, according to people who worked with him, he grew close to the industry's top players. Two years ago, he made bold predictions about the impending arrival of superintelligence, writing in a 165-page manifesto called 'Situational Awareness' that AI would lead to one of the 'most intense and volatile moments of human history.' He quickly turned that interest into money for a hedge fund that eventually managed $45 billion in assets, <a class="ekxajjj0 css-i0lbhy-OverridedLink" style="background-color: #ffffff;" href="https://www.wsj.com/finance/investing/the-investing-heavyweights-that-backed-situational-awareness-before-it-blew-up-d73ee3b1?mod=article_inline" target="_blank" rel="noopener" data-type="link">backed by investors</a> who believed in his prophecy—or his ability to profit from it."</li>
<li>Speaking of <em>The Wall Street Journal</em>: That Stanley Druckenmiller piece I quoted from yesterday? Apparently it was AI-written. The interesting thing is that neither Druckenmiller nor his editor appear to care all that much:</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">In a statement, WSJ opinion editor Paul Gigot defends Druckenmiller&#39;s use of AI to write Monday&#39;s op ed, saying &quot;AI is a fact of modern life,&quot; and &quot;nobody can doubt that his op-ed is his genuine opinion.&quot; <a href="https://t.co/p6Sueft0EW">https://t.co/p6Sueft0EW</a> <a href="https://t.co/a7WcJIOkeX">pic.twitter.com/a7WcJIOkeX</a></p>
<p>&mdash; Max Tani (@maxwelltani) <a href="https://x.com/maxwelltani/status/2092315324121014735?ref_src=twsrc%5Etfw">August 25, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<ul>
<li>Semi-related: Are whole books disappearing from middle- and high-school curricula, replaced by excerpts? <em>The Washington Post </em>has <a href="https://www.washingtonpost.com/education/2026/08/26/schools-are-assigning-fewer-novels-are-excerpts-just-good/">more</a>. I've got to say: I hate this. Building some intellectual stamina and discipline, not to mention being able to grasp deeper themes, seems really important. I'm sure most kids don't read all the books they're assigned, but keeping standards reasonably high strikes me as important.</li>
<li>"Two people have died in Pennsylvania from measles, the state health department said Tuesday. Both individuals from Lancaster County were unvaccinated," <a href="https://abcnews.com/Health/2-people-die-measles-pennsylvania/story?id=135932723&amp;cid=social_twitter_abcn">reports</a> ABC News. "These [are] the first deaths related to measles within the state in 35 years, according to the Pennsylvania Department of Health, and the first deaths reported this year in the U.S."</li>
<li>Interesting point:</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Everyone knows there hasn&#39;t been some kind of big jobs wipeout yet. But there&#39;s less appreciation of the fact that the job market (by most metrics) has improved noticeably in 2026, with the unemployment rate falling from 4.5% late last year to 4.1% as of the most recent report.</p>
<p>&mdash; Joe Weisenthal (@TheStalwart) <a href="https://x.com/TheStalwart/status/2092272274195783775?ref_src=twsrc%5Etfw">August 25, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<ul>
<li>RIP Dolly:</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">After less than a month as President, Ronald Reagan watches Dolly Parton at Camp David in &quot;9 to 5&quot; on Valentine&#39;s Day 1981, and writes one complaint into his diary: <a href="https://t.co/VuaZ55y9Eq">pic.twitter.com/VuaZ55y9Eq</a></p>
<p>&mdash; Michael Beschloss (@BeschlossDC) <a href="https://x.com/BeschlossDC/status/2092316880404890086?ref_src=twsrc%5Etfw">August 25, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<p>The post <a href="https://reason.com/2026/08/26/still-the-kingmaker/">Still the Kingmaker</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Tracy Glantz/TNS/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[Darline Graham]]></media:description>
		<media:title><![CDATA[Darline-G-8-26]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				ExhibitAI.Info Aims to Comprehensively Track U.S. Litigation Over AI Product Harms			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/26/exhibitai-info-aims-to-comprehensively-track-u-s-litigation-over-ai-product-harms/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398674</id>
		<updated>2026-08-24T04:11:40Z</updated>
		<published>2026-08-26T12:01:23Z</published>
			<category scheme="https://reason.com/latest/" term="Artificial Intelligence" /><category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Large Libel Models" />		<summary type="html"><![CDATA[Seems like a potentially very useful resource; thanks to my colleague Sarah Shirazyan for pointing it out.
The post ExhibitAI.Info Aims to Comprehensively Track U.S. Litigation Over AI Product Harms appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/26/exhibitai-info-aims-to-comprehensively-track-u-s-litigation-over-ai-product-harms/">
			<![CDATA[<p>Seems like a potentially very useful resource; thanks to my colleague Sarah Shirazyan for pointing it out.</p>
<p>The post <a href="https://reason.com/volokh/2026/08/26/exhibitai-info-aims-to-comprehensively-track-u-s-litigation-over-ai-product-harms/">ExhibitAI.Info Aims to Comprehensively Track U.S. Litigation Over AI Product Harms</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
						</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Today in Supreme Court History: August 26, 1964			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/26/today-in-supreme-court-history-august-26-1964-6/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8365865</id>
		<updated>2026-01-26T16:21:28Z</updated>
		<published>2026-08-26T11:00:39Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Today in Supreme Court History" />		<summary type="html"><![CDATA[8/26/1964: Lyndon B. Johnson nominated as Democratic candidate for president. He would make two appointments to the Supreme Court: Justices&#8230;
The post Today in Supreme Court History: August 26, 1964 appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/26/today-in-supreme-court-history-august-26-1964-6/">
			<![CDATA[<p>8/26/1964: Lyndon B. Johnson nominated as Democratic candidate for president. He would make two appointments to the Supreme Court: Justices <a href="https://conlaw.us/justices/abe-fortas/">Abe Fortas</a> and <a href="https://conlaw.us/justices/thurgood-marshall/">Thurgood Marshall</a>.</p> <figure id="attachment_8053396" aria-describedby="caption-attachment-8053396" style="width: 658px" class="wp-caption aligncenter"><img decoding="async" class="wp-image-8053396 size-full" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2020/03/johnson-appointees.png" alt="" width="658" height="335" srcset="https://reason.com/wp-content/uploads/2020/03/johnson-appointees.png 658w, https://reason.com/wp-content/uploads/2020/03/johnson-appointees-300x153.png 300w" sizes="(max-width: 658px) 100vw, 658px" /><figcaption id="caption-attachment-8053396" class="wp-caption-text">President Johnson's appointees to the Supreme Court</figcaption></figure><p>The post <a href="https://reason.com/volokh/2026/08/26/today-in-supreme-court-history-august-26-1964-6/">Today in Supreme Court History: August 26, 1964</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
						</entry>
		<entry>
					<author>
			<name>J.D. Tuccille</name>
							<uri>https://reason.com/people/jd-tuccille/</uri>
						<email>jtuccille@gmail.com</email>
					</author>
					<title type="html"><![CDATA[
				Surveillance Camera Saboteurs Are Getting Government Officials' Attention			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/26/surveillance-camera-saboteurs-are-getting-government-officials-attention/" />
		<id>https://reason.com/?p=8398894</id>
		<updated>2026-08-25T20:20:27Z</updated>
		<published>2026-08-26T11:00:07Z</published>
			<category scheme="https://reason.com/latest/" term="Civil Liberties" /><category scheme="https://reason.com/latest/" term="Law enforcement" /><category scheme="https://reason.com/latest/" term="State Governments" /><category scheme="https://reason.com/latest/" term="Surveillance" /><category scheme="https://reason.com/latest/" term="Cameras" /><category scheme="https://reason.com/latest/" term="Flock" /><category scheme="https://reason.com/latest/" term="License Plate Cameras" /><category scheme="https://reason.com/latest/" term="Local Government" />		<summary type="html"><![CDATA[Sometimes direct action is the only way to get politicians to consider civil liberties.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/26/surveillance-camera-saboteurs-are-getting-government-officials-attention/">
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										alt="A damaged Flock Security automated license plate reader. | anarcho_mtnman/Instagram"
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		<p>Government officials don't really have the same incentives and concerns as the people they exercise power over. Sometimes, to get officials' attention, you have to do something a little special involving signs, spray paint, hacksaws, or other innovative tools and approaches. At least, that's what's been happening to automated license plate readers (ALPRs)—often referred to as "Flock cameras" after the best-known company that provides them—across the country. Subject to escalating snooping, some people respond by sabotaging surveillance cameras' all-seeing eyes.</p>

<hr />
<h2>The Growing Threat of Surveillance Cameras</h2>
<p>ALPRs are cameras that scan traffic and automatically record and recognize license plates on passing vehicles. Without warrants, police can use them to identify who drove through an area where a crime was committed. They can also be used to track the movements of anybody who comes in view of the increasingly common cameras. ALPRs are often tied into shared databases; in the case of <a href="https://www.flocksafety.com/">Flock Safety</a>, the largest company in the field, it's a database that spans the country and is accessible by any subscribed law enforcement agency. With enough networked cameras in place, a person's travels to political meetings, religious services, shopping trips, recreational activities, and on-road expeditions can be automatically monitored and mapped for scrutiny by officials looking for "suspicious" activity.</p>
<p>That's if the ALPRs are used as intended. The Institute for Justice (I.J.) has <a href="https://ij.org/the-ij-database-of-alpr-abuse/">documented</a> "well over 100 incidents of ALPR abuse, including romantic stalking, wrongful stops and detentions, non-law enforcement use, and other types of misconduct." It continues to record abusive uses of the technology.</p>
<p>ALPRs also make mistakes. "In Española, New Mexico, a 12-year-old was handcuffed after an ALPR camera misread the last number of a license plate on a vehicle driven by her older sister as a '7' instead of the '2' it actually ended with," CBS News <a href="https://www.cbsnews.com/news/license-plate-readers-alpr-mistakes/">reported</a> last year. A Vallejo, California, Police Department trial <a href="https://www.theiacp.org/sites/default/files/2018-08/March%202018%20RIB.pdf">found</a> that "35 percent of all hits were misreads for the mobile readers, with a similar number (37 percent) for the fixed readers," meaning license plates were misidentified with potentially serious implications for those wrongly implicated as suspects in crimes.</p>
<p>Privacy and accuracy concerns raise red flags with skeptical Americans, but government officials in many localities continue to cut deals with ALPR vendors and to install surveillance systems because they're a low-friction means of gathering data that <em>might</em> be useful in solving crimes—or of stalking ex-spouses and political opponents. That's driven part of the population to do-it-yourself efforts.</p>
<hr />
<h2>Cameras Targeted by Widespread Sabotage</h2>
<p>In De Soto, Missouri, "a camera near the De Soto Athletic Complex was intentionally damaged. The camera pole was torn down, and the solar panel appeared to have been struck multiple times by projectiles," <a href="https://www.firstalert4.com/2026/08/25/de-soto-flock-camera-intentionally-damaged-police-say/">according</a> to KMOV. Three ALPRs in Grand Junction, Colorado, <a href="https://www.cpr.org/2026/07/22/grand-junction-flock-cameras-destroyed-shot/">were shot</a> with a .22 rifle. Nine cameras were <a href="https://www.summitdaily.com/news/sheriffs-office-has-4-more-flock-cameras-vandalized/">cut down</a> in Summit County, Colorado. South Carolina's WIS <a href="https://www.wistv.com/2026/08/13/flock-cameras-vandalized-irmo-amid-privacy-debate/">reported</a> that "at least two Flock safety cameras in Irmo have been spray-coated with foam sealant." Spray painting camera lenses was the <a href="https://www.news4jax.com/news/local/2026/07/30/19-year-old-accused-of-spray-painting-over-half-a-dozen-flock-cameras-at-the-beaches/">tactic of choice</a> in Florida's Atlantic Beach, Neptune Beach, and Jacksonville Beach.</p>
<p>"Flock cameras have been vandalized in at least 36 states," NPR's Meg Anderson <a href="https://www.npr.org/2026/08/21/nx-s1-5931849/amid-intense-backlash-people-are-vandalizing-flock-surveillance-cameras">reported</a> last week. "They've been stolen, sawed down, crashed into, covered in paint and stickers, even shot at with guns."</p>
<p><a href="https://flockstats.org/">FlockStats</a>, which tracks anti-ALPR efforts, records a minimum of 194 cameras disabled across the country via sabotage, as of this writing.</p>
<p>The sabotage efforts come with risks, since they're illegal (though not necessarily morally wrong) acts of vandalism against public property. Several of those who've targeted ALPRs have been arrested for their troubles. Some agencies, such as the Oviedo Police Department in Florida, are now <a href="https://www.clickorlando.com/news/local/2026/08/23/oviedo-arrest-over-decoy-flock-camera-raises-questions-about-surveillance/">putting up decoy "bait" cameras</a> which are themselves kept under surveillance to trap vandals.</p>
<p>Decoy schemes increase the risks of sabotaging ALPRs; Ovieda charged a man they arrested with three felony counts for cutting down a decoy. But they also demonstrate that sabotage has caught the attention of the officials who install the real ALPRs. And that attention seems to have had an impact.</p>
<hr />
<h2>Opposition Gets Officials' Attention</h2>
<p><a href="https://deflock.org/">DeFlock</a>, another anti-ALPR site, documents at least 135 communities "rejecting" ALPRs. Many of them canceled contracts with camera providers (usually Flock, but also Motorola and other firms). The reasons they cite often reflect the concerns raised by privacy activists who say that people's movements shouldn't be tracked by government officials without a warrant.</p>
<p>In Arizona, "Pinal County Sheriff Ross Teeple announced the cancellation of the Sheriff's Office contract with Flock Safety, citing 4th amendment concerns with the company's Automated License Plate Reader (ALPR) Cameras," the sheriff's office <a href="https://www.pinal.gov/m/newsflash/home/detail/2509">announced</a> earlier this month.</p>
<p>When a county sheriff acknowledges that surveillance technology raises serious ramifications for civil liberties, you know vandals destroying cameras have tapped into a deep well of public opposition to widespread surveillance that extends beyond the ranks of the saboteurs.</p>
<p>People concerned about surveillance, but unwilling to risk felony charges, might consider countermeasures to ALPRs. Just as some clothing companies have introduced <a href="https://reason.com/2026/07/20/privacy-minded-fashion-aims-to-baffle-facial-recognition/">high-tech patterns intended to frustrate facial recognition</a>, so entrepreneurs produce car add-ons that are supposed to confuse license-plate readers.</p>
<p>Without getting into the details of the products and their <a href="https://www.rdforum.org/threads/142127/">debatable effectiveness</a>, some companies offer license plate covers marketed as obscuring plate characters (these are illegal in some states). Others sell infrared LED light frames that are supposed to wash out images.</p>
<p>A little more in-your-face is Bill Swearingen's noRecognition project, which has developed a car wrap that overwhelms cameras with busy imagery. According to a <a href="https://techcrunch.com/2026/08/09/this-adversarial-pattern-can-prevent-surveillance-cameras-from-detecting-you/">profile</a> in <em>TechCrunch</em>, "Swearingen's computer-generated patterns do not block surveillance cameras from recording video footage. Instead, they scramble the camera's ability to identify objects, people, or faces so that the cameras do not trigger any detection alerts." He claims his patterns are effective with software including that used by Flock ALPRs.</p>
<p>A pattern busy enough to confuse surveillance cameras will certainly draw attention. The question is whether that attention will be as effective as that generated by ALPR saboteurs. For now, people willing to take legal risks to disable surveillance cameras are drawing public support and convincing at least some public officials to consider public concerns over civil liberties.</p>
<p>The post <a href="https://reason.com/2026/08/26/surveillance-camera-saboteurs-are-getting-government-officials-attention/">Surveillance Camera Saboteurs Are Getting Government Officials&#039; Attention</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[anarcho_mtnman/Instagram]]></media:credit>
		<media:description type="html"><![CDATA[A damaged Flock Security automated license plate reader.]]></media:description>
		<media:title><![CDATA[broken-flock-v1]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Charles Oliver</name>
							<uri>https://reason.com/people/charles-oliver/</uri>
					</author>
					<title type="html"><![CDATA[
				Brickbat: Swing and a Miss			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/26/brickbat-swing-and-a-miss/" />
		<id>https://reason.com/?p=8398760</id>
		<updated>2026-08-25T13:13:43Z</updated>
		<published>2026-08-26T08:00:18Z</published>
			<category scheme="https://reason.com/latest/" term="Police" /><category scheme="https://reason.com/latest/" term="weapons" /><category scheme="https://reason.com/latest/" term="Brickbats" /><category scheme="https://reason.com/latest/" term="England" />		<summary type="html"><![CDATA[Police officials in Manchester, England, said officers did nothing wrong when they arrested a man carrying a baseball bat in the&#8230;
The post Brickbat: Swing and a Miss appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/26/brickbat-swing-and-a-miss/">
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										alt="Police in England arrest a man holding a baseball bat. | c5news/Instagram"
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		<p>Police officials in Manchester, England, said officers did nothing wrong when they <a href="https://www.lbc.co.uk/article/man-arrested-manchester-baseball-bat-5HjdftX_2/">arrested</a> a man carrying a baseball bat in the city center. Video of the arrest, which showed an officer tackling the man to the ground, went viral, sparking criticism online. The man, who wasn't named, was later released with no further action because investigators could not prove he intended to use the bat as a weapon. Under British law, carrying an ordinary object such as a baseball bat in public is not a crime unless police can show the person carrying intended to use it to harm someone.</p>
<p>The post <a href="https://reason.com/2026/08/26/brickbat-swing-and-a-miss/">Brickbat: Swing and a Miss</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:description type="html"><![CDATA[Police in England arrest a man holding a baseball bat.]]></media:description>
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	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Open Thread			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/26/open-thread-308/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398786</id>
		<updated>2026-08-26T07:00:00Z</updated>
		<published>2026-08-26T07:00:00Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[What’s on your mind?]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/26/open-thread-308/">
			<![CDATA[<p>The post <a href="https://reason.com/volokh/2026/08/26/open-thread-308/">Open Thread</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
						</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				A Wall Of Separation Between LGB and T			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/26/a-wall-of-separation-between-lgb-and-t/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398952</id>
		<updated>2026-08-26T11:49:29Z</updated>
		<published>2026-08-26T04:58:30Z</published>
					<summary type="html"><![CDATA[The Log Cabin Republicans will no longer advocate for transgender issues.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/26/a-wall-of-separation-between-lgb-and-t/">
			<![CDATA[<p>Shortly after <em>Obergefell</em> was decided, it became clear that transgender rights was simply the next stop on the train. But the pairing of LGB and T never made sense to me. Gays and lesbians urged society to accept them as they are. Transgender people compelled society to accept they as they are not. More pressingly, transgender rights advocates focused nearly all of their efforts on children: bathrooms in school; teachers telling students to lie to their parents about secret transitions; medical procedures for minors; biologically male athletes in sports; and so on. For generation, gay men were targeted for grooming young children. Growing up in New York City in the 1990s, I heard nonstop jokes about gay priests and Boy Scout troop leaders abusing kids. Yet the T in LGBT focused on the kids.</p>
<p>The issues for gays and lesbians always seemed quite different. I wondered whether gay rights groups were quietly concerned about this merger of LGB and T, but didn't speak up for fear of being labeled transphobic. I think the other shoe has finally dropped.</p>
<p>The Log Cabin Republicans will no longer advocate on transgender issues. Ross Hemminger, the President of LCR, published an <a href="https://townhall.com/columnists/ross-hemminger/2026/08/20/log-cabin-republicans-renews-its-national-advocacy-focus-n2681600">essay</a> in Townhall discussing the issues.</p>
<blockquote><p>In 2015, the Log Cabin Republicans Board of Directors voted to add the "T" under the umbrella of our mission — out of a belief that all adults should be allowed to pursue their own happiness, free of government interference, as long as it did not impede on the inalienable rights of others.</p>
<p>At the time, we did not believe that we would find ourselves where we are today. The transgender movement has ceased focusing on adults at all — nearly all of their efforts and those of their aligned special interest groups focus on minors. They push schools to teach radical gender ideology; they want biological men in women's sports regardless of the consequences; perhaps most offensively, they support gender reassignment treatments for minors, often without the knowledge or consent of the parents, knowing full well these treatments are mostly irreversible.</p></blockquote>
<p>And Hemminger recognizes how support for gay marriage is declining because of transgender ideology.</p>
<blockquote><p>Gay men and women are losing public support across the country, and support for gay marriage and other once-widely accepted rights is eroding. Why? Because many voters today weren't alive or cognizant of the politics of gay marriage winding its way through the courts and gaining ground in public opinion. Their view of the gay community is based on today's radical transgender activists with their unnecessary and discomfiting focus on America's youth.</p>
<p>That is why, after significant discussion with our membership, our Board of Directors voted to refine Log Cabin Republicans' national advocacy focus to concentrate specifically on issues of sexual orientation and conservative values — in other words, we are an LGB advocacy organization, as our founders envisioned and as our moral center calls us to be.</p></blockquote>
<p>The <em>New York Times</em> <a href="https://www.nytimes.com/2026/08/25/us/politics/log-cabin-republicans-transgender.html">quotes</a> Danny Stevens, who previously served as the President of the Houston Chapter of the Log Cabin Republicans:</p>
<blockquote>
<div class="css-53u6y8">
<p class="css-12m5bll evys1bk0">Danny Stevens, a former president of the Log Cabin Republicans chapter in Houston, said he thought the national group had made a smart move by abandoning trans rights issues, which it embraced in 2015.</p>
<p class="css-12m5bll evys1bk0">The issue was a nonstarter for many Texas Republicans.</p>
<p class="css-12m5bll evys1bk0">"At some point, I just kept thinking, why are we spending all this time convincing Republicans that we're not crazy while associating ourselves with a movement pushing things most of them are never going to accept?" Mr. Stevens wrote in a text message on Tuesday.</p>
<p class="css-12m5bll evys1bk0">He wishes the national Log Cabin group had abandoned trans issues sooner, he said. "I actually think it was necessary," he said, if the group "wants to keep making progress within the Republican Party."<span style="font-family: franklin-gothic-urw, Arial, Gadget"> </span></p>
</div>
</blockquote>
<p>I spoke at Danny's chapter in Houston last year about <em>Obergefell</em>. I explained that regardless of what one thinks about same-sex marriage, Justice Kennedy's decision was legally indefensible, and a shaky foundation on which to build the institution. The audience was respectful, even if they disagreed. During Q&amp;A, there were a number of questions about transgender rights, and it was clear to me which way the members were trending.</p>
<p>Danny actually stepped down from leadership, largely due to LCR's stance on the transgender issue. I asked Danny if I could publish his letter, and he gladly shared it. I think Danny makes some important points here that are worth considering:</p>
<p><span id="more-8398952"></span></p>
<blockquote><p>First, I want to say that I love LCR and want the best for our chapter and the entire org. I'm also writing this as Danny. My opinions may/may not represent the singular voice of our Houston board.</p>
<p>I'm growing more concerned and frustrated that the trans issue is not only harming us, but it's undoing much of the work we've accomplished as a chapter and as an organization.</p>
<p>I plan to write a more formal letter, but I needed to get my initial thoughts off my chest now.</p>
<p>My belief is that we need to take a leadership position on this issue, one we have not yet taken. Yes, we have echoed the mainstream Republican positions on men in women's sports and gender transitioning for minors. But this isn't far enough.</p>
<p>Gender dysphoria has been and still is a clinically diagnosed mental illness. From where the illness roots and determination on appropriate treatment is above my paygrade. However, affirming this condition as an equal to sexual orientation is no longer something I'm willing to do.</p>
<p>What someone chooses to do with their own bodies is up to each person. But our willingness as a society to affirm their decision as healthy or normal is not up to the trans movement.</p>
<p>We have many allies in the local Republican Party who have personally and publicly expressed concerns to me about the effects the trans movement has on the greater LGB population. I don't disagree with them.</p>
<p>Furthermore, all of the hardwork, energy and resources our chapter has invested in making gains towards being recognized by the Republican Party of Texas is completely undone by a stream of headline news stories about trans individuals and despicable crimes they are committing at seemingly disproportionate rates relative to their population. Note that I realize there are good and decent trans people. But this doesn't prohibit us from stating what broader issues we are facing as an organization or as a society.</p>
<p>Every time I utter the acronym LGBT, I shutter knowing I'm turning off many in the audience that would otherwise support us. The very usage of this term immediately paints a picture in peoples' minds that is not valid or fair to gay men like all of us in this email.</p>
<p>To me, this is more of an economic argument than anything else. How many gay and lesbian prospective or current members are we losing because of our unwillingness to state what many of us are thinking? Are we really willing to lose 20 gay men to attract 1 trans member?What ratio is acceptable to LCR National?</p>
<p>Let's look at chapter-level contributions in time, labor and money. For our chapter, 99% of this comes from gay men, not our two trans members. In fact, one of our trans members is disenchanted with the Republican Party due to Pres. Trump's policies on trans individuals, primarily ones in the military. I suspect they will no longer be a member if they haven't already stopped membership payments.</p>
<p>Charlie Kirk's assassination was a real turning point for me. It's clear that we have a lot of healing to do as a nation. And we have a lot of soul searching to do as an organization. This starts with being honest with ourselves and with each other.</p>
<p>I'm not willing to continue pouring my heart into a cause that is continually undermined. Really, why bother?</p>
<p>I'm starting to ask myself if my time, energy and passion is better spent outside of LCR. I would bet others are probably asking themselves the same question.</p>
<p>This is a defining issue for the future of LCR. I fear it could really be our undoing unless we face this challenge head on.</p>
<p>Sincerely,<br />
Danny Stevens</p></blockquote>
<p>As I wrote in April in City Journal, the <a href="https://www.city-journal.org/article/supreme-court-transgender-rulings">tide has turned</a>. At some point, even progressive gay rights groups may decide to reconsider the merger of LGB and T.</p>
<p>The post <a href="https://reason.com/volokh/2026/08/26/a-wall-of-separation-between-lgb-and-t/">A Wall Of Separation Between LGB and T</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Jacob Sullum</name>
							<uri>https://reason.com/people/jacob-sullum/</uri>
						<email>jsullum@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Brendan Carr's Vendetta Against ABC Conflates the 'Public Interest' With Trump's Personal Grievances			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/26/brendan-carrs-vendetta-against-abc-conflates-the-public-interest-with-trumps-personal-grievances/" />
		<id>https://reason.com/?p=8398845</id>
		<updated>2026-08-25T16:56:42Z</updated>
		<published>2026-08-26T04:01:10Z</published>
			<category scheme="https://reason.com/latest/" term="Censorship" /><category scheme="https://reason.com/latest/" term="Journalism" /><category scheme="https://reason.com/latest/" term="Brendan Carr" /><category scheme="https://reason.com/latest/" term="Broadcast news" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="FCC" /><category scheme="https://reason.com/latest/" term="Federal Courts" /><category scheme="https://reason.com/latest/" term="First Amendment" /><category scheme="https://reason.com/latest/" term="Free Press" /><category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Litigation" /><category scheme="https://reason.com/latest/" term="Media Regulation" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[The FCC chairman is punishing the network for news coverage and programming decisions that offend the president.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/26/brendan-carrs-vendetta-against-abc-conflates-the-public-interest-with-trumps-personal-grievances/">
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										alt="FCC Chairman Brendan Carr next to ABC&#039;s logo | Andrew Thomas/CNP/Picture Alliance/Consolidated News Photos/Newscom"
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		<p>Last April, the Federal Communications Commission (FCC) <a href="https://reason.com/2026/04/28/trump-administrations-review-of-abcs-broadcast-licenses-looks-like-illegal-jawboning/">announced</a> that it was reviewing the broadcast licenses held by ABC's eight network-owned TV stations years before they were scheduled for renewal. The FCC had not conducted an early review of any broadcast license in more than half a century, and it had never done so simultaneously for all the stations operated by a particular network.</p>
<p>That unprecedented action, ABC and its parent company, Disney, <a href="https://reason.com/2026/08/18/disney-sues-fcc-for-retaliatory-investigation-of-abc/">argue</a> in a federal <a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.295648/gov.uscourts.dcd.295648.1.0_1.pdf">lawsuit</a> filed last week, is part of an unconstitutional <a href="https://reason.com/2026/07/22/trumps-threats-to-yank-broadcast-licenses-are-part-of-a-speech-chilling-intimidation-campaign/">intimidation campaign</a> that has already had a chilling impact on broadcast journalism. A bipartisan group of former FCC officials, including commissioners appointed by Ronald Reagan and George H.W. Bush, <a href="https://perma.cc/KXZ8-5CAH">agrees</a> that the agency has launched "an assault on free speech disguised as regulatory process" to "punish speech disfavored by the Trump administration."</p>
<p>President Donald Trump has been <a href="https://reason.com/2026/01/18/how-the-fcc-became-the-speech-police/">threatening</a> to yank the licenses of broadcasters who irk him since his first term. But this time around, the FCC's Trump-appointed chairman, Brendan Carr, seems eager to act on that vindictive impulse.</p>
<p>Carr <a href="https://reason.com/2025/04/01/fcc-chair-investigates-disney-over-potential-past-and-present-dei-policies/">portrays</a> the ABC review as a response to "diversity, equity, and inclusion" programs that may qualify as "unlawful discrimination." But he has <a href="https://perma.cc/N3SQ-QX3G">made it clear</a> that the FCC also is considering the broader question of whether ABC's stations are serving "the public interest," a <a href="https://reason.com/2025/09/23/brendan-carr-says-networks-must-serve-the-public-interest-what-does-that-mean/">vague statutory mandate</a> that he views as a <a href="https://reason.com/2026/07/23/brendan-carr-says-abcs-refusal-to-air-a-trump-speech-could-affect-renewal-of-its-broadcast-licenses/">license</a> to override freedom of the press.</p>
<p>The president's <a href="https://reason.com/2025/11/19/a-reporters-unwelcome-questions-provoke-yet-another-trump-threat-to-yank-broadcast-licenses/">beef</a> with ABC includes <a href="https://perma.cc/C48H-XQEP">news coverage</a> he views as <a href="https://perma.cc/4DMG-KKG8">overwhelmingly negative</a>, its fact-checking during a 2024 <a href="https://perma.cc/VP84-VE6W">presidential debate</a>, anti-Trump commentary on shows such as <em><a href="https://reason.com/2026/01/23/the-fcc-wants-to-police-how-many-conservatives-appear-on-the-view/">The View</a></em> and <em><a href="https://reason.com/2025/09/25/fcc-threats-against-jimmy-kimmel-echo-a-century-of-speech-control/">Jimmy Kimmel Live!</a></em>, and the network's <a href="https://reason.com/2026/07/17/trump-threatens-to-revoke-abc-and-nbc-licenses-for-not-broadcasting-his-election-speech/">refusal</a> to air his July 16 primetime speech, which followed a long line of similar calls by TV networks under prior administrations. Carr, who routinely <a href="https://perma.cc/LA8K-L24L">amplifies</a> such complaints, <a href="https://perma.cc/BW6P-5QN9">agrees</a> that they demand the FCC's attention.</p>
<p>Shortly after taking office, Carr <a href="https://reason.com/2025/02/05/how-the-fccs-warrior-for-free-speech-became-our-censor-in-chief/">reopened</a> an FCC investigation of ABC's allegedly biased debate moderation. Last September, Carr <a href="https://reason.com/2025/09/18/brendan-carr-flagrantly-abused-his-powers-to-cancel-jimmy-kimmel/">threatened</a> ABC stations with fines or license revocation if they failed to punish Kimmel for suggesting that conservative activist Charlie Kirk's assassin was a Trump supporter.</p>
<p>Carr, who announced the early review of ABC's licenses the day after Trump and his wife objected to a <a href="https://reason.com/2026/05/06/trumps-responses-to-kimmel-and-comey-highlight-his-disregard-for-freedom-of-speech/">joke</a> Kimmel had made on his show, <a href="https://reason.com/2026/07/23/brendan-carr-says-abcs-refusal-to-air-a-trump-speech-could-affect-renewal-of-its-broadcast-licenses/">says</a> the network's decision against broadcasting Trump's speech will figure in that process, which could drag on for years. Carr also has <a href="https://reason.com/2026/05/11/brendan-carrs-equal-time-threat-against-the-view-is-blatantly-unconstitutional-abc-says/">threatened</a> to rescind <em>The View</em>'s longstanding "bona fide news exemption" from the FCC's "equal time" rule, which in practice would amount to a ban on interviews with political candidates.</p>
<p>Such regulatory threats have an observable impact. ABC and its affiliates immediately met Carr's demands by suspending Kimmel's show for a week last fall, <em>The View</em> has stopped interviewing political candidates, and ABC says it carried Trump's whole speech on its streaming channel only because it was worried about antagonizing the FCC.</p>
<p>The effects extend beyond ABC. Once TV networks understand that the FCC's objections to their reporting or editorial judgments can pose an existential threat to the stations they operate, they are apt to think twice before making decisions that might upset the president.</p>
<p>From Carr's perspective, that is the whole point. "Through this proceeding," the former FCC officials <a href="https://perma.cc/KXZ8-5CAH">say</a>, the commission "seeks to censor Disney's and ABC's speech and send a chilling message to all broadcasters: carry speech we don't like at your peril."</p>
<p>Carr, an <a href="https://reason.com/2025/02/05/how-the-fccs-warrior-for-free-speech-became-our-censor-in-chief/">avowed</a> First Amendment champion, improbably <a href="https://www.politico.com/blogs/politico-press/2026/07/31/full-transcript-chairman-of-the-federal-communications-commission-brendan-carr-01020589">claims</a> he is trying to "re-empower local TV stations" by "reminding them" about their "unique public interest obligations." It is hard to see how threatening to put broadcasters out of business empowers them to do anything but kowtow to the president.</p>
<p>"It's not our role to be the speech police," Carr <a href="https://www.politico.com/blogs/politico-press/2026/07/31/full-transcript-chairman-of-the-federal-communications-commission-brendan-carr-01020589">told</a> <em>Politico</em> last month. Yet Carr, who <a href="https://perma.cc/2PYM-7RA4">brags</a> that Trump is "winning" his fight against "the fake news media," clearly <a href="https://x.com/BrendanCarrFCC/status/1902414297327599842">sees himself</a> as a warrior in that battle, which conflates "the public interest" with the president's personal grievances.</p>
<p>© <strong>Copyright 2026 by Creators Syndicate Inc.</strong></p>
<p>The post <a href="https://reason.com/2026/08/26/brendan-carrs-vendetta-against-abc-conflates-the-public-interest-with-trumps-personal-grievances/">Brendan Carr&#039;s Vendetta Against ABC Conflates the &#039;Public Interest&#039; With Trump&#039;s Personal Grievances</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Andrew Thomas/CNP/Picture Alliance/Consolidated News Photos/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[FCC Chairman Brendan Carr next to ABC's logo]]></media:description>
		<media:caption><![CDATA[FCC Chairman Brendan Carr]]></media:caption>
		<media:text><![CDATA[FCC Chairman Brendan Carr]]></media:text>
		<media:title><![CDATA[FCC ABC lawsuit]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Oklahoma Attorney General Responsible For Two Terrible Supreme Court Decisions Loses Gubernatorial Primary			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/26/oklahoma-attorney-general-responsible-for-two-terrible-supreme-court-decisions-loses-gubernatorial-primary/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398960</id>
		<updated>2026-08-26T04:04:25Z</updated>
		<published>2026-08-26T04:00:56Z</published>
					<summary type="html"><![CDATA[I'd like to think Drummond lost because of St. Isidore's and Glossip.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/26/oklahoma-attorney-general-responsible-for-two-terrible-supreme-court-decisions-loses-gubernatorial-primary/">
			<![CDATA[<p>It is often said that A.G. is short for "Aspiring Governor." Such was the case in Oklahoma, where Attorney General Gentner Drummond ran for the Republican Gubernatorial Primary. The AP has now called the race, and Drummond lost by less than a percentage point.</p> <p>I usually do not comment on political races, but Drummond deserves some heat.</p> <p>First, Drummond argued that his own state's charter school program was unconstitutional. He litigated <em>St. Isidore </em>up to the Supreme Court where the case was affirmed by an equally-divided court. President Trump even <a href="https://truthsocial.com/@realDonaldTrump/posts/116823747941042256">mentioned</a> this case in his social media endorsement of Drummond's opponent: "He even SUED to BLOCK a religious based charter school strongly supported by my Administration — Very troubling for Educational Freedom, and an outright attack on Christianity!"</p> <p>Second, Drummond hired his lifelong friend to review the capital conviction of Richard Glossip. Drummond then asked the Oklahoma Court of Criminal Appeals to vacate the death sentence. That court refused to revisit the case. Ultimately, the Supreme Court ruled that the OCCA had misinterpreted federal law. There were so many problems with that case. But even more troubling, as my colleague Paul Cassell <a href="https://reason.com/volokh/2025/02/25/did-glossip-and-the-oklahoma-attorney-general-collusively-cheat-to-win-their-supreme-court-case/">pointed out</a>, is Drummond's own conduct. Justice Thomas wrote in his dissent that Drummond "collusively excluded . . . highly relevant evidence" from the record.</p> <p>To add insult to injury, Drummond also <a href="https://nondoc.com/2022/06/17/oklahoma-ag-candidates-heated-debate/">seemed to support</a> Justice Gorsuch's disastrous decision in <em>McGirt</em>. Based on the electoral map, Indian country seemed to vote strongly against Drummond.</p> <p><img decoding="async" class="alignright size-full wp-image-8398962" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/2026-OK.jpg" alt="" width="914" height="588" srcset="https://reason.com/wp-content/uploads/2026/08/2026-OK.jpg 914w, https://reason.com/wp-content/uploads/2026/08/2026-OK-300x193.jpg 300w, https://reason.com/wp-content/uploads/2026/08/2026-OK-768x494.jpg 768w" sizes="(max-width: 914px) 100vw, 914px" /></p> <p>As the returns stand now, only 2,000 votes separate Drummond and his opponent. I'd like to think that some of those votes are due to the positions Drummond took before the courts.</p><p>The post <a href="https://reason.com/volokh/2026/08/26/oklahoma-attorney-general-responsible-for-two-terrible-supreme-court-decisions-loses-gubernatorial-primary/">Oklahoma Attorney General Responsible For Two Terrible Supreme Court Decisions Loses Gubernatorial Primary</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Reem Ibrahim</name>
							<uri>https://reason.com/people/reem-ibrahim/</uri>
					</author>
					<title type="html"><![CDATA[
				How Much Will Andy Burnham's 'No. 10 North' Cost British Taxpayers?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/25/how-much-will-andy-burnhams-no-10-north-cost-british-taxpayers/" />
		<id>https://reason.com/?p=8398877</id>
		<updated>2026-08-25T20:56:27Z</updated>
		<published>2026-08-25T20:56:27Z</published>
			<category scheme="https://reason.com/latest/" term="Housing Policy" /><category scheme="https://reason.com/latest/" term="Money" /><category scheme="https://reason.com/latest/" term="Big Government" /><category scheme="https://reason.com/latest/" term="Economy" /><category scheme="https://reason.com/latest/" term="England" /><category scheme="https://reason.com/latest/" term="FOIA" /><category scheme="https://reason.com/latest/" term="Government Spending" /><category scheme="https://reason.com/latest/" term="Government Waste" /><category scheme="https://reason.com/latest/" term="Taxpayers" /><category scheme="https://reason.com/latest/" term="United Kingdom" />		<summary type="html"><![CDATA[Taxpayers have already paid $14,300 for branding the new office—and more than $1,300 for moving a replica Downing Street door to Manchester, according to a Freedom of Information request.]]></summary>
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		<p><span style="font-weight: 400">Great Britain is facing a host of economic woes: high youth unemployment, stagnating wages (especially </span><a href="https://www.ft.com/content/1c4a641c-42f4-429e-94c2-7d16cac96d49?syn-25a6b1a6=1"><span style="font-weight: 400">compared to American workers</span></a><span style="font-weight: 400">), and a rising deficit. So what is the new prime minister's grand plan to end Britain's economic malaise? A new government office.</span></p>
<p><span style="font-weight: 400">In July, Prime Minister Andy Burnham </span><a href="https://www.gov.uk/government/news/no10-north-open-for-business-as-the-governments-new-situation-room-for-making-britain-better"><span style="font-weight: 400">announced</span></a><span style="font-weight: 400"> the opening of "No. 10 North," which is located at Heron House—a </span><a href="https://www.politico.com/news/magazine/2026/08/21/andy-burnham-manchester-10-north-01043333"><span style="font-weight: 400">refurbished</span></a><span style="font-weight: 400"> 1980s office block in Manchester, where Burnham served as mayor for almost a decade. The government press release called it "the government's new situation room for growth," while the prime minister described it as a way "to get power out of Westminster," which is the center of political life in Britain.</span></p>
<p><span style="font-weight: 400">Last week, in an interview with </span><i><span style="font-weight: 400">The Times</span></i><span style="font-weight: 400">, Burnham </span><a href="https://www.thetimes.com/uk/politics/article/no-10-north-treasury-burnham-labour-manchester-bfbpw9x9l"><span style="font-weight: 400">said</span></a><span style="font-weight: 400"> that No. 10 North will take over responsibility for economic growth. "It is actually a huge transfer of power&hellip;having No 10 leading on that growth mission means you've got maximum power to unlock the blockages where they exist in the wider" governmental system.</span></p>
<p><span style="font-weight: 400">The government's big plan for economic growth is, for all intents and purposes, a new place to conduct meetings that would otherwise already be happening in London.</span></p>
<p><span style="font-weight: 400">"What we're bringing is a different type of energy," Caroline Simpson, the office's deputy chief of staff, </span><a href="https://www.politico.com/news/magazine/2026/08/21/andy-burnham-manchester-10-north-01043333"><span style="font-weight: 400">told</span></a> <i><span style="font-weight: 400">Politico</span></i><span style="font-weight: 400">. "That's really the point about No. 10 North—to connect our places, connect devolution back into the heart of governing."</span></p>
<p><span style="font-weight: 400">Whatever that means, the move has already come at a cost to taxpayers. According to </span><a href="https://reason.com/wp-content/uploads/2026/08/FOI2026-14032-Response-1.pdf"><span style="font-weight: 400">a letter</span></a> <span style="font-weight: 400">from the Cabinet Office in response to a Freedom of Information request filed by </span><i><span style="font-weight: 400">Reason</span></i><span style="font-weight: 400">, simply setting up No. 10 North has cost taxpayers nearly 49,000 pounds, or more than $66,000.</span></p>
<p><span style="font-weight: 400">This includes 10,527.20 pounds (more than $14,300) on "physically branding the office," 1,768.43 pounds (about $2,400) on crockery, and 978.87 pounds (more than $1,300) on moving a replica Downing Street door to Manchester.</span></p>
<p><span style="font-weight: 400">The government also spent 18,718.23 pounds (more than $25,500) on I.T. and communications infrastructure, 8,799 pounds (about $12,000) on "enabling works to the office space," 6,082.38 pounds (around $8,300) on event equipment, lighting, and flag poles, and 954.16 pounds (more than $1,300) on transporting 24 meeting chairs.</span></p>
<p><span style="font-weight: 400">Of course, these sums are a drop in the bucket compared to the 1.4 trillion pounds the British government </span><a href="https://obr.uk/forecasts-in-depth/brief-guides-and-explainers/public-finances/"><span style="font-weight: 400">expects</span></a><span style="font-weight: 400"> to spend in FY 2025–2026. But it is also nowhere near the total amount of taxpayer money that will be spent on this P.R. stunt. The Cabinet Office did not disclose staff costs, ministerial travel, security expenditure, or ongoing operating costs in response to </span><i><span style="font-weight: 400">Reason's</span></i><span style="font-weight: 400"> request. But with the prime minister working from the office at least once a week, and his ministers also regularly traveling north, it won't be cheap.</span></p>
<p><span style="font-weight: 400">As </span><i><span style="font-weight: 400">The Times</span></i> <a href="https://www.thetimes.com/uk/politics/article/andy-burnham-no-10-north-security-cost-7ghpb36bt?t=1787594766869"><span style="font-weight: 400">reported</span></a><span style="font-weight: 400"> in July, security for the location costs "tens of millions" of pounds. The </span><a href="https://www.omio.com/trains/london/manchester"><span style="font-weight: 400">cheapest</span></a><span style="font-weight: 400"> train ticket from London to Manchester can cost anywhere from $32 if purchased in advance to around $155 same-day. But sometimes, as small business owner Lewis Kemp </span><a href="https://www.linkedin.com/posts/lewis-kemp-marketing-manchester_travel-business-london-share-7209132305498411008-etYb/"><span style="font-weight: 400">discovered</span></a><span style="font-weight: 400">, a return ticket from Manchester </span><a href="https://www.bbc.com/news/articles/czk070mz8zlo"><span style="font-weight: 400">to London can cost</span></a><span style="font-weight: 400"> as much as $463.</span></p>
<p><span style="font-weight: 400">Sam Lister, No. 10 North's director general, has already been </span><a href="https://www.lbc.co.uk/article/no-10-north-director-lives-london-200-mile-train-manchester-weekly-5Hjdfnf_2/"><span style="font-weight: 400">accused</span></a><span style="font-weight: 400"> of "wasting taxpayer money," reportedly spending 800 pounds (about $1,091) per week over his "200-mile weekly commute to Manchester" from London, according to LBC News.</span></p>
<p><span style="font-weight: 400">"However much it costs, I don't think the price of security should get in the way of a government wanting to spread the centre of power further across the country," a Westminster source </span><a href="https://www.thetimes.com/uk/politics/article/andy-burnham-no-10-north-security-cost-7ghpb36bt?t=1787594766869"><span style="font-weight: 400">told</span></a> <i><span style="font-weight: 400">The Times</span></i><span style="font-weight: 400">.</span></p>
<p><span style="font-weight: 400">Taxpayers may never fully know the cost of operating the two offices for the prime minister. Nevertheless, No. 10 North does tell us something about how politicians in Britain think. Rather than addressing Britain's biggest problems, Burnham is pushing costly schemes, such as <a href="https://www.theguardian.com/politics/2026/jun/13/andy-burnham-public-control-essentials-water-energy">greater public control</a> of utilities, more <a href="https://www.bbc.com/news/articles/cnvly73jrrdo">government housing</a>, and, now, another government office building, which simply adds to the enormity of the state and exacerbates the U.K.'s economic woes.</span></p>
<p><span style="font-weight: 400">The new office does not change bad policy, but it does make for a good photo op.</span></p>
<p>The post <a href="https://reason.com/2026/08/25/how-much-will-andy-burnhams-no-10-north-cost-british-taxpayers/">How Much Will Andy Burnham&#039;s &#039;No. 10 North&#039; Cost British Taxpayers?</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Photo: News Licensing/MEGA/Newscom/NEWSUK/Newscom.]]></media:credit>
		<media:description type="html"><![CDATA[U.K. Prime Minister Andy Burnham]]></media:description>
		<media:title><![CDATA[No.10North]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/No.10North-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Christian Britschgi</name>
							<uri>https://reason.com/people/christian-britschgi/</uri>
						<email>christian.britschgi@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				California Bill Would Cap Rents During U.S.-Involved War			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/25/california-bill-would-cap-rents-during-u-s-involved-war/" />
		<id>https://reason.com/?p=8398872</id>
		<updated>2026-08-25T19:42:22Z</updated>
		<published>2026-08-25T19:45:10Z</published>
			<category scheme="https://reason.com/latest/" term="Affordable Housing" /><category scheme="https://reason.com/latest/" term="Endless War" /><category scheme="https://reason.com/latest/" term="Housing Policy" /><category scheme="https://reason.com/latest/" term="Law &amp; Government" /><category scheme="https://reason.com/latest/" term="Legislation" /><category scheme="https://reason.com/latest/" term="Occupational Licensing" /><category scheme="https://reason.com/latest/" term="Price controls" /><category scheme="https://reason.com/latest/" term="Rent control" /><category scheme="https://reason.com/latest/" term="State Governments" /><category scheme="https://reason.com/latest/" term="War" /><category scheme="https://reason.com/latest/" term="California" /><category scheme="https://reason.com/latest/" term="First Amendment" />		<summary type="html"><![CDATA[The war in Iran is causing California lawmakers to consider wider price controls.]]></summary>
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		<p><span style="font-weight: 400;">Happy Tuesday, and welcome to another edition of </span><i><span style="font-weight: 400;">Rent Free</span></i><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;">This week's stories include a look at a bill that would impose universal rent control over California anytime officials determine that an overseas conflict is raising housing prices.</span></p>
<p><span style="font-weight: 400;">Additionally, the newsletter covers housing and transportation policy advocate Charles Marohn's First Amendment victory over licensing officials who tried to fine him for referring to himself as an engineer.</span></p>
<hr />
<h2><b>War=Rent Control? </b></h2>
<p><span style="font-weight: 400;">Until the U.S. adopts Ron Paul's foreign policy, California landlords will have the threat of universal rent control hanging over their heads.</span></p>
<p><span style="font-weight: 400;">That would be the reality under </span><a href="https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB493"><span style="font-weight: 400;">legislation</span></a><span style="font-weight: 400;"> put forward by California state Sen. Josh Becker (D–Menlo Park) that adds war to the emergencies that can trigger the state's price-gouging law.</span></p>
<p><code></code></p>
<p><span style="font-weight: 400;">The state's current law forbids businesses from raising prices by more than 10 percent whenever the president, governor, or local government declares an emergency in response to fires, floods, riots, pandemics, etc.</span></p>
<p><span style="font-weight: 400;">Those price controls apply to a wide range of food items, emergency supplies, building materials, and rents and last for at least 30 days, but they can be extended indefinitely.</span></p>
<p><span style="font-weight: 400;">Becker's bill would allow the governor to declare a state of emergency triggering those price controls whenever Congress declares war, the U.S. is participating in a United Nations peacekeeping operation, or the U.S. is "</span><span style="font-weight: 400;">engaged in active military operations against any foreign state, whether or not war has been formally declared."</span></p>
<p><span style="font-weight: 400;">"California should not become collateral damage in an international conflict," </span><a href="https://calmatters.digitaldemocracy.org/hearings/279730"><span style="font-weight: 400;">he said</span></a><span style="font-weight: 400;"> in a recent committee hearing in which he pitched his bill as a response to the gas price increases.</span></p>
<p><span style="font-weight: 400;">The legislation includes some additional checks on when price controls can be imposed because of war.</span></p>
<p><span style="font-weight: 400;">Only a presidential or gubernatorial emergency declaration could trigger war-related price controls. The state's attorney general would have to find some nexus between a war and the rising price of a good before the 10 percent price cap is imposed. The price caps could only be extended once for another 30 days, meaning they could only last up to 60 days total.</span></p>
<p><span style="font-weight: 400;">California's landlords are opposing the bill, arguing that the wide-ranging and vague definition of "war" would create compliance uncertainty and criminal liability for property owners who raise rents while some overseas conflict is ongoing.</span></p>
<p><span style="font-weight: 400;">Already, the state's attorney general <a href="https://oag.ca.gov/news/press-releases/attorney-general-bonta-continues-hold-price-gougers-accountable-files-charges">has made a point of prosecuting</a> landlords who've raised rental prices following last year's wildfires.</span></p>
<p><span style="font-weight: 400;">The state's rent control regime is also already quite complex. Many localities have legacy rent control laws that cap rents on older housing at typically a few percentage points each year. There's </span><a href="https://oag.ca.gov/tenants"><span style="font-weight: 400;">also a statewide rent control law</span></a><span style="font-weight: 400;"> that limits rent increases to a maximum of 10 percent on housing that's at least 15 years old.</span></p>
<p><span style="font-weight: 400;">Becker's bill would add a third layer of rent control that's sporadically triggered by a foreign conflict and, once triggered, would subject a rental housing owner to potential criminal penalties. </span></p>
<hr />
<h2><b>Housing Advocate and 'Professional Engineer' Wins First Amendment Case </b></h2>
<p><span style="font-weight: 400;">After a yearslong legal battle with Minnesota licensing officials, Charles Marohn, president of the advocacy group Strong Towns, has won his First Amendment battle with licensing officials over his right to call himself a "professional engineer."</span></p>
<p><span style="font-weight: 400;">Marohn worked as a licensed civil engineer for many years before becoming a full-time activist and writer. His work at Strong Towns is often critical of modern traffic engineering practices and public works projects.</span></p>
<p><span style="font-weight: 400;">That's earned him some critics within the profession, one of whom filed a complaint against him </span><a href="https://reason.com/2021/05/25/minnesota-threatens-to-fine-this-engineer-for-calling-himself-an-engineer/"><span style="font-weight: 400;">in 2020</span></a><span style="font-weight: 400;"> when he saw that Marohn was referring to himself in speeches and author bios as an engineer despite his license having lapsed.</span></p>
<p><span style="font-weight: 400;">That initial complaint turned into a</span><a href="https://reason.com/2022/09/01/minnesota-engineering-board-fines-censures-engineer-activist-for-calling-himself-an-engineer/"><span style="font-weight: 400;"> formal sanction in 2022</span></a><span style="font-weight: 400;">, when </span><span style="font-weight: 400;">Minnesota's Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior Design fined and censured Marohn for calling himself an engineer in the context of his advocacy work.</span></p>
<p><span style="font-weight: 400;">In response to the board's sanction, Marohn sued. He argued that because he had been describing himself as an engineer in the context of his public advocacy, and not to solicit engineering business, he had a First Amendment right to use the title.</span></p>
<p><span style="font-weight: 400;">Last week, in the U.S. District Court for Minnesota, Judge Nancy E. Brasel granted summary judgment in favor of Marohn's First Amendment claim.</span></p>
<p><span style="font-weight: 400;">The board had argued that it was allowed to police who call themselves engineers as part of its mission to license the profession and protect public safety. Because Marohn has used the term in a professional context while lacking a license, it could fine him.</span></p>
<p><span style="font-weight: 400;">Brasel rejected this argument, ruling<strong> </strong>that Marohn's use of the term <em>engineer</em> was "part and parcel" of his advocacy work, not state-regulated engineering work. That meant any sanction on him for using the term needed to clear the Supreme Court's strict scrutiny standard, which the board failed to meet.</span></p>
<p><span style="font-weight: 400;">In similar cases out of Oregon and North Carolina, federal courts have </span><a href="https://ij.org/press-release/victory-for-north-carolina-engineer-in-first-amendment-case/"><span style="font-weight: 400;">generally</span></a><span style="font-weight: 400;"> sided with the </span><a href="https://reason.com/2019/01/02/judge-confirms-that-oregon-engineer-has/"><span style="font-weight: 400;">free speech</span></a><span style="font-weight: 400;"> rights of the unlicensed engineers doing public advocacy in their fights with licensing boards.</span></p>
<p><span style="font-weight: 400;">"It is quite a vindication," Marohn says of the ruling in his case. </span></p>
<p><span style="font-weight: 400;">"For me personally, having the state say for six years that I lied, had misrepresented myself to the public, was not only hurtful but was really painful to hear," he tells </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;">. "The engineering profession needs reform. It needs dialogue. The precedent my discipline had created was just really chilling in the profession."</span></p>
<hr />
<h2><b>Quick Links </b></h2>
<ul>
<li><span style="font-weight: 400;">If you'll forgive the self-promotion, I </span><a href="https://reason.com/2026/08/17/euclidean-zoning/"><span style="font-weight: 400;">have an article</span></a><span style="font-weight: 400;"> in the new print issue of </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;"> making the case that Euclidean zoning is, in fact, named after Euclid. </span></li>
<li><span style="font-weight: 400;">Opponents of California's Proposition 45, which would dramatically reduce the scope of the California Environmental Quality Act, </span><a href="https://davisvanguard.org/2026/08/prop-45-california-ceqa-debate/"><span style="font-weight: 400;">are making the potential</span></a><span style="font-weight: 400;"> for unchecked data center development a key argument against the initiative. The proponents of Prop. 45 say data center projects would not be affected by the proposition.</span></li>
<li><span style="font-weight: 400;">The Independent Institute on </span><a href="https://www.independent.org/article/2026/08/24/california-has-passed-hundreds-of-housing-laws-why-arent-they-working/"><span style="font-weight: 400;">why many</span></a><span style="font-weight: 400;"> of California's zoning reforms have underperformed. </span></li>
<li><span style="font-weight: 400;">Lawmakers have weakened a pending bill that aims to prevent fire-affected single-family properties in the Los Angeles area from being turned into denser housing. As </span><i><span style="font-weight: 400;">Politico </span></i><span style="font-weight: 400;">reports, author state Sen. Sasha Renée Pérez (D–Pasadena) amended the bill to allow duplexes to be built. The bill would </span><a href="https://subscriber.politicopro.com/article/2026/08/senator-narrows-bill-blocking-dense-rebuilding-in-altadena-01047345"><span style="font-weight: 400;">still prevent</span></a><span style="font-weight: 400;"> 10-unit subdivisions currently allowed by state law from being built in fire-affected areas.</span></li>
<li><span style="font-weight: 400;">San Francisco area </span><a href="https://sfstandard.com/2026/08/24/san-francisco-rents-housing-boom/"><span style="font-weight: 400;">developers predict</span></a><span style="font-weight: 400;"> a building boom following rising rents and the city's reduction of affordable housing mandates.</span></li>
</ul>
<p>The post <a href="https://reason.com/2026/08/25/california-bill-would-cap-rents-during-u-s-involved-war/">California Bill Would Cap Rents During U.S.-Involved War</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[WalkingPenguin/Dreamstime]]></media:credit>
		<media:description type="html"><![CDATA[Rent control]]></media:description>
		<media:title><![CDATA[RentControl]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/RentControl-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				"Counsel Took Full Responsibility for His Mistakes, Was Not Evasive, and Prioritized Candor to the Court and Opposing Counsel"			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/25/counsel-took-full-responsibility-for-his-mistakes-was-not-evasive-and-prioritized-candor-to-the-court-and-opposing-counsel/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398654</id>
		<updated>2026-08-25T19:04:34Z</updated>
		<published>2026-08-25T18:23:42Z</published>
			<category scheme="https://reason.com/latest/" term="AI in Court" />		<summary type="html"><![CDATA[From Judge Jennifer Choe-Groves (Ct. of Int'l Trade) Thursday in Disruptive Resources, LLC v. Ballistic Barrier Prods. Inc. (D. Del.):&#8230;
The post &#34;Counsel Took Full Responsibility for His Mistakes, Was Not Evasive, and Prioritized Candor to the Court and Opposing Counsel&#34; appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/25/counsel-took-full-responsibility-for-his-mistakes-was-not-evasive-and-prioritized-candor-to-the-court-and-opposing-counsel/">
			<![CDATA[<p>From Judge Jennifer Choe-Groves (Ct. of Int'l Trade) Thursday in <a href="https://storage.courtlistener.com/recap/gov.uscourts.ded.85202/gov.uscourts.ded.85202.115.0.pdf"><em>Disruptive Resources, LLC v. Ballistic Barrier Prods. Inc.</em></a> (D. Del.):</p>
<blockquote><p>Before the Court is an action involving claims of patent infringement between Plaintiff Disruptive Resources &hellip; and Defendants Ballistic Barrier Products Inc. and Mayday Security Solutions LLC &hellip;. After Plaintiff's counsel disclosed to the Court that the previously filed Joint Claim Construction Brief &hellip; featured multiple errors due to his use of generative artificial intelligence ("AI"), the Court ordered counsel to show cause in writing as to why the Court should not impose sanctions for counsel's conduct pursuant to Federal Rule of Civil Procedure 11 &hellip;.</p>
<p>In counsel's letter to the Court, counsel described the events that led to his disclosure of inaccuracies attributable to generative AI. Portions of counsel's reply brief in support of Plaintiff's claim constructions "included an erroneously proposed construction that deviated from the construction of the terms Plaintiff had advanced through the claim construction process[.]"</p>
<p>Counsel stated that he used the AI system "Strongsuit" to generate an initial outline of Plaintiff's reply brief and to pull statements from a deposition that supported Plaintiff's position on claim construction. Counsel used directed prompts to complete an initial draft of the reply brief that integrated extrinsic evidence mentioned in the deposition.</p>
<p>When editing the draft, counsel "jumped from section to section" and mistakenly "believed [he] had edited the entire brief, when in reality, [he] had missed the 1-page section" that proposed an incorrect construction. Counsel admits that he failed to conduct a final review of the entire brief and "overlooked some of the arguments being made."</p>
<p>Upon discovering the erroneous statements in the brief, counsel notified opposing counsel and proposed amending the Joint Brief to implement footnotes to address the erroneous proposed constructions. The Parties later filed a [Joint Letter] disclosing these issues to the Court. Counsel argues that his actions did not violate Rule 11 or any rules of professional conduct because the reply brief was not presented for an improper purpose, the claims and legal contentions were supported by authentic existing law, and all factual contentions were supported by evidenceCounsel suggests that his errors were "more akin to taking litigation positions that are ultimately borne out to not be adopted by the Court."</p></blockquote>
<p><span id="more-8398654"></span></p>
<blockquote><p>The Court observes that the Joint Letter identified that two sections of the Joint Brief contained a concluding statement that proposed an incorrect claim construction, and a third section was withdrawn entirely because it "contained more pervasive errors." Plaintiff sought to strike the problematic section of its reply brief, causing Defendants to also strike their subsequent briefing that responded to the inaccurate AI-generated arguments put forth by Plaintiff. This demonstrates that counsel's erroneous constructions not only impacted the accuracy and strength of Plaintiff's legal arguments, but caused opposing counsel to spend time responding to erroneous arguments that have now been struck.</p>
<p>The incorporation of the use of generative AI in the legal field is growing exponentially, and this is exemplified by counsel's admitted use of large language models in his legal practice to ease the workload on his smaller law firm. Nevertheless, "when using AI, litigants must still strictly adhere to all rules of professional conduct." In both his letter to the Court and statements made during the hearing, counsel expressed regret over the unfortunate outcome of his use of AI without thorough review and recognized the importance of maintaining a higher standard of diligent lawyering than what led to the erroneous briefing.</p>
<p>The circumstances of this case are different compared to other instances when the use of AI led to legal filings with hallucinated case citations or fictitious judges. <em>See</em> <em>Mata v. Avianca, Inc.</em> (S.D.N.Y. 2023) (an attorney "submitted non-existent judicial opinions with fake quotes and citations created by the [AI] tool ChatGPT, then continued to stand by the fake opinions after judicial orders called their existence into question."). In this case, counsel took full responsibility for his mistakes, was not evasive, and prioritized candor to the Court and opposing counsel by disclosing the errors quickly. <em>Contra</em> <em>Mata</em> (finding that the attorney "knew before making a submission to the Court that the full text of [a fake case] could not be found but kept silent.").</p>
<p>The Court expects that these events and this Opinion shall serve as a cautionary warning and learning experience for counsel moving forward. The Court warns counsel that any future incidents involving AI mistakes in this case may result in sanctions.</p>
<p>Upon consideration of the circumstances as described by counsel, and his appreciation for the gravity of filing erroneous legal arguments drafted by generative AI without proper review, the Court declines to sanction counsel for his conduct&hellip;.</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/08/25/counsel-took-full-responsibility-for-his-mistakes-was-not-evasive-and-prioritized-candor-to-the-court-and-opposing-counsel/">&quot;Counsel Took Full Responsibility for His Mistakes, Was Not Evasive, and Prioritized Candor to the Court and Opposing Counsel&quot;</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				"That Fire Burns Is an Inference Nearly as Old as Human History"			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/25/that-fire-burns-is-an-inference-nearly-as-old-as-human-history/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398870</id>
		<updated>2026-08-25T22:26:04Z</updated>
		<published>2026-08-25T18:17:00Z</published>
			<category scheme="https://reason.com/latest/" term="Evidence" />		<summary type="html"><![CDATA[A short excerpt from one part of Pudans v. Frank Rieman Music, Inc., decided Wednesday by the Iowa court of&#8230;
The post &#34;That Fire Burns Is an Inference Nearly as Old as Human History&#34; appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/25/that-fire-burns-is-an-inference-nearly-as-old-as-human-history/">
			<![CDATA[<p>A short excerpt from one part of <a href="https://cases.justia.com/iowa/court-of-appeals/2026-25-1092.pdf?ts=1787163752"><em>Pudans v. Frank Rieman Music, Inc.</em></a>, decided Wednesday by the Iowa court of Appeals (in an opinion by Judge Sharon Soorholtz Greer):</p>
<blockquote><p>Pudans and [Defendants] the Donahues are next-door neighbors&hellip;. According to Pudans, on the Fourth of July in 2017, fireworks set off from the Donahues' property damaged her swimming pool&hellip;.</p>
<p>[T]he Donahues &hellip; argue Pudans's claim that the Donahues' fireworks burned a hole in her pool liner could not survive summary judgment without expert testimony on causation. In response, Pudans points to her affidavit that detailed her experience as a swimming-pool owner. There, she testified she observed there were no "black spots" and no damage to the liner on July 4, 2017, before the fireworks; she witnessed fireworks from the Donahues later that day; and the next day, she found "black marks" and damage to the pool liner. Spent fireworks were removed from her pool filter.</p>
<p>The gist of the Donahues' argument is that swimming pools are full of water, water usually puts out fires, and therefore you need an expert to prove flaming fireworks debris could burn a pool liner that has water above it. And to their point, the Donahues obtained an expert—one that apparently has a colorful personal history with Pudans—who will testify he does not believe fireworks can burn a pool liner through approximately four feet of water.</p></blockquote>
<p><span id="more-8398870"></span></p>
<blockquote><p>Under our supreme court case law, "Expert testimony is not necessary to establish causation in all negligence cases." "On the other hand, when the connection between the defendant's negligence and the plaintiff 's harm is not within the layperson's common knowledge and experience, the plaintiff needs expert testimony to create a jury question on causation." As the court said on another occasion: "Causation is a question for the jury, save in very exceptional cases where the facts are so clear and undisputed, and the relation of cause and effect so apparent to every candid mind, that but one conclusion may be fairly drawn therefrom."</p>
<p>While not all cases requiring an expert must rise to the level of rocket science, we think resolution of this fact question falls into the category of those that are within the general understanding of a layperson and would not require specialized knowledge or training to resolve. That fire burns is an inference nearly as old as human history, and lay jurors are capable of assessing whether fireworks can burn a swimming-pool liner based on Pudans's expected testimony.</p>
<p>The Donahues are certainly free to put forward an expert disputing her claim based on the water depth. But that makes for a disputed fact—and that is why we have juries&hellip;.</p></blockquote>
<p>Madalyn Elizabeth Grask and Angela L. Campbell (Dickey, Campbell, &amp; Sahag Law Firm, PLC) represent Pudans.</p>
<p>UPDATE: A reader adds, "It is well within the scope of lay opinion that water runs downhill," <a href="https://scholar.google.com/scholar_case?case=10186848975327123093"><em>McCoy v. Gustafson</em>, 180 Cal. App. 4th 56, 100 (2009)</a>. People know water, not just fire.</p>
<p>The post <a href="https://reason.com/volokh/2026/08/25/that-fire-burns-is-an-inference-nearly-as-old-as-human-history/">&quot;That Fire Burns Is an Inference Nearly as Old as Human History&quot;</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				No Pseudonymity in Lawsuit Against Apple for Allegedly Enabling Stalking Via AirTags—Other Courts Had Allowed Pseudonymity			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/25/no-pseudonymity-in-lawsuit-against-apple-for-allegedly-enabling-stalking-via-airtags-other-courts-had-allowed-pseudonymity/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398661</id>
		<updated>2026-08-23T21:08:58Z</updated>
		<published>2026-08-25T16:05:56Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Right of Access" />		<summary type="html"><![CDATA[As a reminder of just how badly split courts are on a wide range of questions related to the law&#8230;
The post No Pseudonymity in Lawsuit Against Apple for Allegedly Enabling Stalking Via AirTags—Other Courts Had Allowed Pseudonymity appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/25/no-pseudonymity-in-lawsuit-against-apple-for-allegedly-enabling-stalking-via-airtags-other-courts-had-allowed-pseudonymity/">
			<![CDATA[<p>As a reminder of just how badly split courts are on a wide range of questions related to <a href="http://www.law.ucla.edu/volokh/pseudonym.pdf">the law of pseudonymous litigation</a>, from Judge Kent Wetherell (N.D. Fla.) Wednesday in <em>Doe v. Apple, Inc.</em>:</p>
<blockquote><p>This case is before the Court based on Plaintiff's motion to proceed under a pseudonym. No response is needed. {Even if the motion is not opposed by Defendant (as it appears that it will not be), the Court is not required to grant it.}</p>
<p>Plaintiff has asserted multiple claims against Apple, Inc., related to its design, manufacture, and marketing of the Apple AirTag. The claims are based on a former paramour's alleged use of an AirTag to stalk Plaintiff.</p>
<p>Plaintiff seeks leave to proceed anonymously because the litigation will require the disclosure of intimate aspects of Plaintiff's life (e.g., domestic violence, sexual harassment) related to the stalking. She is also concerned that requiring her to disclose her identity could enable her stalker to locate her, thereby creating a safety risk for her and her minor child.</p>
<p>"A party may proceed anonymously in federal court by establishing 'a substantial privacy right which outweighs the customary and constitutionally-embedded presumption of openness in judicial proceedings.'" &hellip;</p>
<p>"[C]ourts have[, however,] often denied the protection of anonymity in cases where plaintiffs allege sexual assault, even when revealing the plaintiff's identity may cause her to 'suffer some personal embarrassment.'" &hellip; [T]he circumstances underlying the complaint have [also] apparently already been aired in a state restraining order proceeding&hellip;.</p></blockquote>
<p><span id="more-8398661"></span></p>
<blockquote><p>Plaintiff's speculative concern that identifying herself in this action will provide her stalker "a direct avenue &hellip; to confirm her location, continue his surveillance, and further interfere with her safety" can be addressed through a protective order or sealing of specific documents filed in this case. Indeed, courts have denied leave to proceed anonymously in the face of more substantial threats of harm. <em>See, e.g., In re </em><em>Chiquita Brands Int'l Inc. </em>(11th Cir. 2020) (affirming the district court's refusal to grant anonymity even after paramilitaries "threatened and attacked a named bellwether plaintiff and her family four months after her deposition").</p>
<p>[Moreover,] "[d]efendants have the right to know who their accusers are, as they may be subject to embarrassment or fundamental unfairness if they do not." "[I]f the complaint's allegations cannot be substantiated, 'then anonymity provides a shield behind which defamatory charges may be launched without shame or liability' and it will be [Defendant] (not Plaintiff) who faces disgrace."</p>
<p>The Court did not overlook that another district court granted the plaintiff leave to proceed anonymously in a substantially similar suit. <em>See </em><em>Doe v. Samsung Elecs. Am., Inc.</em> (E.D. Pa. 2024). That decision is not binding and is not even persuasive because it was decided under the law of the Third Circuit, not the Eleventh Circuit. Additionally, in giving significant weight to the plaintiff's "heightened fear for her personal safety if her stalker were to learn her home address or whereabouts," the court apparently did not consider whether those concerns could be ameliorated by a protective order or sealing documents that contained that information.</p>
<p>The Court also recognizes that plaintiffs in other cases filed against Apple by AirTag stalking victims [in E.D. Va., D. Nev., E.D.N.Y., and D. Ariz] have been allowed to proceed anonymously, but those rulings were in text-only orders that did not contain any analysis. Also, those rulings were presumably not based on Eleventh Circuit law. {There also appear to be numerous other cases in which alleged AirTag stalking victims are not proceeding anonymously, as reflected on the docket of the failed class action against Apple.}</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/08/25/no-pseudonymity-in-lawsuit-against-apple-for-allegedly-enabling-stalking-via-airtags-other-courts-had-allowed-pseudonymity/">No Pseudonymity in Lawsuit Against Apple for Allegedly Enabling Stalking Via AirTags—Other Courts Had Allowed Pseudonymity</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
						</entry>
		<entry>
					<author>
			<name>Jason Russell</name>
							<uri>https://reason.com/people/jason-russell/</uri>
						<email>jason.russell@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				The Freedom 250 IndyCar Race Only Looked Like MAGA Propaganda if You Already Hate Trump			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/25/the-freedom-250-indycar-race-only-looked-like-maga-propaganda-if-you-already-hate-trump/" />
		<id>https://reason.com/?p=8398818</id>
		<updated>2026-08-25T16:00:15Z</updated>
		<published>2026-08-25T16:00:09Z</published>
			<category scheme="https://reason.com/latest/" term="College" /><category scheme="https://reason.com/latest/" term="Football" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Sports" /><category scheme="https://reason.com/latest/" term="Courts" /><category scheme="https://reason.com/latest/" term="Federal Courts" /><category scheme="https://reason.com/latest/" term="NCAA" /><category scheme="https://reason.com/latest/" term="Tourism" /><category scheme="https://reason.com/latest/" term="Washington" />		<summary type="html"><![CDATA[ Plus: Should the race happen again, or just be a one-off event? Also, NCAA eligibility is all messed up, and sports can teach us about immigration.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/25/the-freedom-250-indycar-race-only-looked-like-maga-propaganda-if-you-already-hate-trump/">
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		<p><span style="font-weight: 400;">Hello and welcome to another edition of </span><i><span style="font-weight: 400;">Free Agent</span></i><span style="font-weight: 400;">! Happy new school year, and </span><a href="https://x.com/BaileyCarlin/status/2090041903311970681"><span style="font-weight: 400;">best of luck in gym class</span></a><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;">I went to the Freedom 250 IndyCar race on the National Mall this weekend, so let's talk about it. Then we'll move onto a major story: players going from NFL rosters to the NCAA transfer portal. We'll close with some brief thoughts on what sports can tell us about immigration.</span></p>
<p><span style="font-weight: 400;">Also, after 76 straight weekly issues since this newsletter's birth, I am finally taking a break. But thanks to </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;">'s never-ending quest to bring you great content, my colleague Eric Boehm will be taking over the newsletter next week. Be kind! I'll be back after Labor Day, just in time for NFL kickoff (</span><a href="https://fantasy.espn.com/free-prize-games/sharer?challengeId=287&amp;from=espn&amp;context=GROUP_INVITE&amp;edition=espn-en&amp;groupId=265e6ebb-ef00-4ddf-8560-a72d159410d9&amp;joinKey=5b8cb986-57f3-3656-ba86-50b492f0408f"><span style="font-weight: 400;">you can already join our ESPN NFL Survivor group here</span></a><span style="font-weight: 400;">).</span></p>
<p><span style="font-weight: 400;"></span></p>
<h2><b>Locker Room Links</b></h2>
<ul>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">You'll be shocked to learn </span><a href="https://x.com/TheAthletic/status/2089722782355464340"><span style="font-weight: 400;">New York City is doing an awful job</span></a><span style="font-weight: 400;"> maintaining the park where historic Yankee Stadium once stood.</span></li>
<li style="font-weight: 400;" aria-level="1"><i><span style="font-weight: 400;">The New York Times</span></i><span style="font-weight: 400;"> lost its first defamation lawsuit </span><a href="https://www.espn.com/espn/story/_/id/49675770/jury-rules-new-york-s-defamed-alabama-basketball-player"><span style="font-weight: 400;">in more than 50 years</span></a><span style="font-weight: 400;"> when a jury ruled that it defamed then-Alabama basketball player Kai Spears in 2023.</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">English soccer team Wolverhampton Wanderers will no longer play "The Liquidator" song before matches, because </span><a href="https://inews.co.uk/sport/football/wolves-liquidator-swearing-ban-fans-4719317"><span style="font-weight: 400;">it led fans to chant "Fuck off West Brom</span></a><span style="font-weight: 400;">, we're Wolves!"</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Bill Simmons had neoliberal journalist Derek Thompson on his podcast to talk about oligopolies in sports, socializing sports teams, the WNBA, and more. </span><a href="https://www.theringer.com/podcasts/the-bill-simmons-podcast/2026/08/20/derek-thompson-on-the-american-sports-plutocracy-the-nbas-2016-black-swan-event-and-the-wnbas-growing-pains"><span style="font-weight: 400;">It was a mess</span></a><span style="font-weight: 400;">. (</span><a href="https://x.com/ethanagarwal/status/2091736515311530427"><span style="font-weight: 400;">Worse than this guy says</span></a><span style="font-weight: 400;">.)</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Elsewhere in </span><i><span style="font-weight: 400;">Reason, </span></i><span style="font-weight: 400;">a personal story from our own Matthew Petti: "</span><a href="https://reason.com/2026/08/20/border-cops-detained-me-for-hours-without-explanation-they-wont-tell-me-why/"><span style="font-weight: 400;">Border Cops Detained Me for Hours Without Explanation. They Won't Tell Me Why.</span></a><span style="font-weight: 400;">"</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">A lost trophy is great lore for some of the best sports trophies in history. (Don't worry, </span><a href="https://x.com/IanKennedyCK/status/2092003500783710338"><span style="font-weight: 400;">they found it</span></a><span style="font-weight: 400;"><span style="font-weight: 400;">.)</span></span><br />
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Montreal's Walter Cup went missing in transit.</p>
<p>The PWHL issued a statement saying the trophy &quot;did not arrive as expected at its latest stop,&quot; and added &quot;we are working closely with the shipping company to locate it.&quot;</p>
<p>The Cup was supposed to arrive in Lethbridge, Alberta. <a href="https://t.co/hQUGwUsigt">pic.twitter.com/hQUGwUsigt</a></p>
<p>&mdash; Front Office Sports (@FOS) <a href="https://x.com/FOS/status/2090993706270679082?ref_src=twsrc%5Etfw">August 22, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></li>
</ul>
<h2><b>The Freedom 250 Wasn't a Political Event, It Was a Racing Event</b></h2>
<p><span style="font-weight: 400;">It was sometime around lap 28, and I was thinking about this November's midterm elections. Racing had just resumed after the second yellow flag of the Freedom 250 race on the National Mall. Kyle Kirkwood led Alex Palou by over a second, and the cars seemed to be stretching out with a second or two between each.</span></p>
<p><span style="font-weight: 400;">I was sitting atop a wall next to the Smithsonian Air and Space Museum to get a higher view of the action, perhaps 30 yards from a sign that said "DO NOT CLIMB." All I could see was a brief stretch of track, so I had the TV broadcast on my phone with headphones giving me audio and also a little hearing protection. FOX's Jamie Little was doing a softball interview with First Lady Melania Trump, who spoke about how, growing up, her dad introduced her to racing and she "loved it, every minute of it."</span></p>
<p><span style="font-weight: 400;">Was this, or the race, or any of the related festivities, supposed to turn me or anyone else in the country into a MAGA Trump supporter? Was it all just a way to rally voters for Republicans in the midterm elections?</span></p>
<p><span style="font-weight: 400;">Hardly. In person, political paraphernalia was few and far between, other than the occasional red "MAKE RACING GREAT AGAIN" hat being sold at the Team Penske merchandise truck. The probable out-of-towners on the wall next to me were chatty and politics never came up. Granted, while grabbing a prerace lunch I missed perhaps the most political moment in the stands, when President Donald Trump did a lap around the track in the presidential limo (apparently this was received mostly by cheers).</span></p>
<p><span style="font-weight: 400;">But this is Washington, D.C., where everything is seen through a political lens. If your side does something it's great, and if the other side does something it's evil—even if they're doing the same thing. I had seen online </span><a href="https://x.com/bradjchester/status/2091217402818134093"><span style="font-weight: 400;">a great wailing</span></a><span style="font-weight: 400;"> and </span><a href="https://x.com/Revz_RoadRacer/status/2090836125585637450"><span style="font-weight: 400;">gnashing of teeth</span></a><span style="font-weight: 400;"> from </span><a href="https://x.com/oconagenda/status/2090942386482360559"><span style="font-weight: 400;">some</span></a><span style="font-weight: 400;"> who </span><a href="https://x.com/f1lvmegan/status/2091940335467561250"><span style="font-weight: 400;">hated</span></a><span style="font-weight: 400;"> the </span><a href="https://x.com/TopherSpiro/status/2090917424862220524"><span style="font-weight: 400;">politics</span></a><span style="font-weight: 400;"> of the race. But having spent a combined nine hours at the event between Saturday and Sunday, I hadn't seen much in the way of politics.</span></p>
<p><span style="font-weight: 400;">Or had I? The Trump administration was certainly a major presence on Sunday. In addition to the presidential hot lap and first lady interview, Interior Secretary Doug Burgum gave the command to start your engines (the National Mall falls under his purview). Giant banners on office buildings credited Trump and Transportation Secretary Sean Duffy for the race.</span></p>
<p><span style="font-weight: 400;">In a way, all that free visibility could be seen as one big ad to support Republicans and the Trump administration. Sen. Adam Schiff (D–Calif.) called it one of Trump's "</span><a href="https://x.com/SenAdamSchiff/status/2091607145892495491"><span style="font-weight: 400;">self-aggrandizing distractions</span></a><span style="font-weight: 400;">."</span></p>
<p><a href="https://x.com/jeff_gluck/status/2091638550047436978"><span style="font-weight: 400;">Most people</span></a><span style="font-weight: 400;">, I would think, </span><a href="https://x.com/ESPNMcGee/status/2091564539170996587"><span style="font-weight: 400;">did not see it that way</span></a><span style="font-weight: 400;"> (including IndyCar driver </span><a href="https://x.com/GrahamRahal/status/2091701561483239463"><span style="font-weight: 400;">Graham Rahal</span></a><span style="font-weight: 400;">).</span></p>
<p><span style="font-weight: 400;">Seeing race cars drive by Smithsonian museums and national monuments is not going to make people more Republican (maybe a little more statist, though). If Democrats think it is, they have bigger problems on their hands.</span></p>
<h2><b>Should the Freedom 250 Race Return to Washington, D.C.?</b></h2>
<p><span style="font-weight: 400;">Pretty much all of the important people expressed a desire for racing to return to the National Mall, from drivers to to </span><a href="https://x.com/atrupar/status/2091544152261513675"><span style="font-weight: 400;">congressional leaders</span></a><span style="font-weight: 400;"> to the </span><a href="https://x.com/jeff_gluck/status/2091639448366682304"><span style="font-weight: 400;">Trump administration</span></a><span style="font-weight: 400;"> to </span><a href="https://x.com/bobpockrass/status/2090823001667162197"><span style="font-weight: 400;">Mayor Muriel Bowser</span></a><span style="font-weight: 400;"> (who leaves office in January, to be </span><a href="https://reason.com/2026/06/17/how-worried-should-we-be-about-a-socialist-mayor-in-d-c/"><span style="font-weight: 400;">replaced by a socialist</span></a><span style="font-weight: 400;">). But it was originally planned as a one-off event, so turning it into an annual affair isn't as simple as going to everyone involved and saying "same time next year?"</span></p>
<p><span style="font-weight: 400;">For one, there's the taxpayer cost, though that's not as high as you might think. Taxpayers footed roughly $11 million on security for the event. Part of the $68 million given by the Interior Department to Freedom 250 (the organization, not the race) would have gone toward the event, though I assume the vast majority of it was used on July 4 festivities.</span></p>
<p><span style="font-weight: 400;">Most of the cost is covered by the Penske Corporation, the majority parent company of IndyCar. As a one-off event, they did not intend to make a profit, their company president </span><a href="https://www.nbcwashington.com/news/local/freedom-250-grand-prix-whos-footing-the-multimillion-dollar-bill/4145030/"><span style="font-weight: 400;">told NBC 4 Washington</span></a><span style="font-weight: 400;">. It's unclear what their budget was, but it far exceeded the $22 million budget of a race in Detroit. How much money will they end up losing on this year's race? Would they be willing to eat those costs year after year, or do they think </span><a href="https://x.com/bobpockrass/status/2092235872770900284"><span style="font-weight: 400;">a different type of arrangement</span></a><span style="font-weight: 400;"> would </span><a href="https://x.com/jeff_gluck/status/2091639603245514794"><span style="font-weight: 400;">make it profitable</span></a><span style="font-weight: 400;">? Or would they start to ask for city or federal government funds to cover the gap?</span></p>
<p><span style="font-weight: 400;">It's also hard to imagine the level of fan interest will be as high in future years, whether for TV or in-person viewing. Everyone involved went big for this year, how could they top it? </span></p>
<p><span style="font-weight: 400;">The economic impact of big events like this is never as generous as organizers predict. I would guess a majority of the attendees were locals from the greater Washington, D.C., area, though by accent or clothing it seemed other parts of the country were well-represented (Indiana, an IndyCar hotbed, was the state I saw most often represented). Restaurants inside the race zone weren't happy about road closures </span><a href="https://www.washingtonpost.com/dc-md-va/2026/08/21/freedom-250-grand-prix-restrictions-hurting-some-businesses-staff-say/"><span style="font-weight: 400;">slowing down their business</span></a><span style="font-weight: 400;">, and some commuters weren't happy </span><a href="https://x.com/kevsaucebro/status/2090836292581949879"><span style="font-weight: 400;">about their delays</span></a><span style="font-weight: 400;"> (I don't think people are entitled to a life free from disruption in a big city, but they're welcome to complain about it).</span></p>
<p><span style="font-weight: 400;">A </span><a href="https://x.com/FoxNews/status/2091639117201158257"><span style="font-weight: 400;">joint race weekend with NASCAR</span></a><span style="font-weight: 400;"> would help raise interest. But the event surely has to happen in August, when disruption in D.C. would be at its lowest, and NASCAR, </span><a href="https://www.nascar.com/news-media/2026/08/22/2027-nascar-schedule-confirmed-dates-tracks-for-all-three-national-series/"><span style="font-weight: 400;">at least for next year</span></a><span style="font-weight: 400;">, already has three of its August weekends spoken for.</span></p>
<p><span style="font-weight: 400;">Furthermore, the racing itself wasn't great. Kyle Kirkwood dominated the race, and major position changes were pretty rare (though it was amusing that IndyCar legend Alex Palou committed gaffe after gaffe on a day he could have clinched this year's title). It's hard to imagine good TV ratings in the future if the racing can't uphold its end of the spectacle.</span></p>
<p><span style="font-weight: 400;">From an in-person attendee perspective, it was mostly well-run. Everyone agrees it needed more </span><a href="https://x.com/SportsTalk_304/status/2091645162837475530"><span style="font-weight: 400;">grandstands</span></a><span style="font-weight: 400;"> (perhaps those should have been paid tickets instead of free via lottery like most attendees) and large screens for seeing the broadcast. Security lines moved pretty swiftly. The Metro ran mostly well. I had a great time with my family and a friend.</span></p>
<p><span style="font-weight: 400;">The views on TV looked great. The in-person views, especially not in a grandstand, were just fine. I, for one, was less awed by the spectacle of IndyCar racing on the National Mall and more interested in racing that was easy to get to from my house in the suburbs.</span></p>
<p><span style="font-weight: 400;">That's probably why I'd go again. There are only a handful of racetracks in the world that you can get to without driving or taking a bus. But I'd be just as happy to spend the same 40 minutes driving from my house to the country to watch dirt track racing.</span></p>
<h2><b>Pros Going Back to College Is Weird. It's Probably Not the New Normal.</b></h2>
<p><span style="font-weight: 400;">If you think about how the NFL doesn't really have an official minor league feeder system, it's not all that weird for players on the bubble of preseason rosters to go back to the NCAA, right?</span></p>
<p><span style="font-weight: 400;">That's absolutely not a popular opinion. It certainly feels weird because it's never happened before. It's also weird to have a confusing mix of federal and state judges seemingly changing the rules weekly, </span><a href="https://x.com/JRussellMI/status/2090820861674533286"><span style="font-weight: 400;">if not daily</span></a><span style="font-weight: 400;">.</span></p>
<p><a href="https://www.espn.com/college-football/story/_/id/49715699/lsu-lane-kiffin-defends-pursuit-nfl-players-returning-college"><span style="font-weight: 400;">In case you missed it</span></a><span style="font-weight: 400;">, LSU plans to add tight end Dae'Quan Wright to the roster—assuming he clears NFL waivers—after getting dropped by the Cleveland Browns. LSU is also adding defensive lineman Zxavian Harris, who was waived by the New Orleans Saints. On the basketball side, power forward Jaxon Kohler played for the Utah Jazz in the NBA Summer League but just </span><a href="https://www.espn.com/mens-college-basketball/story/_/id/49675913/kohler-eligible-fifth-year-injunction-commits-byu"><span style="font-weight: 400;">committed to play at BYU this year</span></a><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;">All of this may also just be a temporary problem—the NCAA now lets most athletes have five years of eligibility, and the class that just finished their fourth year is fighting in court to get that fifth year too. If the new NCAA eligibility rules hold up in court long-term, we won't have a revolving door every fall of athletes returning to college after not gaining traction in the pros.</span></p>
<p><span style="font-weight: 400;">Still, there is plenty of blame to go around, but basically everyone involved is acting in their short-term self-interest. Schools accepting once-professional athletes are hoping it means more wins, because wins mean more publicity, which means more student applications, which means more students and more money. Coaches accepting once-professional athletes are trying to not get fired for losses. Players going back to college, with no intent of learning, are focused on their money and their playing careers.</span></p>
<p><span style="font-weight: 400;">Even the NCAA and the conferences may be getting what they want in the long-term sense—the mess is being </span><a href="https://x.com/PeteThamel/status/2092036212693340333"><span style="font-weight: 400;">used as a justification</span></a><span style="font-weight: 400;"> for passing the Protect College Sports Act through Congress, which would make the federal government more involved in the whole process. For the time being, though, the power four conferences seem <a href="https://x.com/RossDellenger/status/2092249775445856365">prepared to ban these types of players</a>. That ban might end up in court, too. (Billable hours remain undefeated.)</span></p>
<p><span style="font-weight: 400;">In a perfect world, I wish the NCAA could enforce the eligibility requirements it wants without government interference from legislators or judges. We'd all like to go back to the quaint era of true student-athletes who are focused on academics during class and crushing rivals the rest of the day. That ship has sailed.</span></p>
<h2><b>What Sports Teach Us About Immigration</b></h2>
<p><span style="font-weight: 400;">I saw Vice President J.D. Vance post something about immigration on Monday that felt way oversimplified, and sports can help explain why.</span></p>
<p><span style="font-weight: 400;">"If an American corporation needs workers, it should hire and train Americans," </span><a href="https://x.com/JDVance/status/2091979408537960769"><span style="font-weight: 400;">Vance posted on X</span></a><span style="font-weight: 400;"> in response to news about a $103,265 charge for H-1B visas.</span></p>
<p><span style="font-weight: 400;">Vance makes it seem so simple: Hire Americans and train them to be great instead of hiring a talented immigrant. But let's say you're a certain professional baseball team based in Los Angeles—you can't just train some American, even a talented baseball-playing American, to replace Shohei Ohtani. The Dodgers, MLB, and baseball fans would all be worse off. Multiply that across every foreign player in MLB, and you see how crazy it is when the occasional nutjob says only Americans should play in America's professional baseball league.</span></p>
<p><span style="font-weight: 400;">If a tech start-up sees a potential immigrant employee with an awesome idea in their narrow field, it probably can't just train an American to deliver the same product instead (even if it could, it would cost scarce time and money). Or if a corporation needs a specific foreign engineer or designer who can meet a specific need the business has, the two options might be hiring that person (if the employer and employee can navigate the complicated immigration system) or not at all.</span></p>
<p><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;"> has the same issue. People can't just be trained from scratch to be a great writer or video producer. There are certain skills and traits you have to have already. We can take a good writer and make him or her a great writer, but not any random American person off the street. Add in our unique ideological mission, and it makes it even harder for us to find the right talent to work here.</span></p>
<p>There are various kinds of immigration visas that might apply to these situations, not just H-1B visas, but the response to Vance's oversimplified argument is the same.</p>
<p><span style="font-weight: 400;">Workers aren't just round pegs who can fit in any round hole with enough training. They're more like puzzle pieces, and markets are the most efficient way to help each piece find which puzzle, and where in that puzzle, it belongs.</span></p>
<h2><b>Replay of the Week</b></h2>
<p><span style="font-weight: 400;">One more week until college football takes over this spot, but in the meantime—I still can't believe the height on this catch.</span></p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">JACOB YOUNG CLIMBS THE TALLEST WALL POSSIBLE <a href="https://t.co/98AHpzTYV6">pic.twitter.com/98AHpzTYV6</a></p>
<p>&mdash; Washington Nationals (@Nationals) <a href="https://x.com/Nationals/status/2091594364933881973?ref_src=twsrc%5Etfw">August 23, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<p><span style="font-weight: 400;">That's all for this week. Enjoy watching the real game of college football's week zero: North Dakota State against Jacksonville State (Saturday, 5:30 p.m. Eastern, on CBS Sports Network).</span></p>
<p>The post <a href="https://reason.com/2026/08/25/the-freedom-250-indycar-race-only-looked-like-maga-propaganda-if-you-already-hate-trump/">The Freedom 250 IndyCar Race Only Looked Like MAGA Propaganda if You Already Hate Trump</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Matt Kaminsky/ZUMAPRESS/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[The back of President Donald Trump's head is photographed looking at the front of a red IndyCar, in front of a pair of tall bushes.]]></media:description>
		<media:title><![CDATA[IndyCarTrump v3]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/IndyCarTrump-v3-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eric Boehm</name>
							<uri>https://reason.com/people/eric-boehm/</uri>
						<email>Eric.Boehm@Reason.com</email>
					</author>
					<title type="html"><![CDATA[
				J.D. Vance's Interest in Huey Long Should Be a Red Flag for Conservatives			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/25/j-d-vances-interest-in-huey-long-should-be-a-red-flag-for-conservatives/" />
		<id>https://reason.com/?p=8398802</id>
		<updated>2026-08-25T15:40:16Z</updated>
		<published>2026-08-25T15:45:48Z</published>
			<category scheme="https://reason.com/latest/" term="Conservatism" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Progressives" /><category scheme="https://reason.com/latest/" term="Billionaires" /><category scheme="https://reason.com/latest/" term="Franklin Roosevelt" /><category scheme="https://reason.com/latest/" term="J.D. Vance" /><category scheme="https://reason.com/latest/" term="Louisiana" /><category scheme="https://reason.com/latest/" term="New Deal" /><category scheme="https://reason.com/latest/" term="Populism" /><category scheme="https://reason.com/latest/" term="Redistribution" /><category scheme="https://reason.com/latest/" term="Wealth" /><category scheme="https://reason.com/latest/" term="wealth tax" />		<summary type="html"><![CDATA[Long's motto, "every man a king," was not a call for individual sovereignty. It was a populist pitch for wealth taxes and a more powerful government.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/25/j-d-vances-interest-in-huey-long-should-be-a-red-flag-for-conservatives/">
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										alt="J.D. Vance and Huey Long | Illustration: Samuel Corum/Sipa USA/Newscom/United States Library of Congress"
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		<p>As a governor and senator, Huey Long is best remembered for his radical proposals to redistribute wealth by force and for criticizing President Franklin Delano Roosevelt's "New Deal" as not expansive or progressive enough.</p>
<p>So when Vice President J.D. Vance says out loud that he finds Long "great" and "interesting," that's worth keeping in mind.</p>
<p>While speaking in Ohio last week, Vance invoked Long's famous "<a href="https://www.hueylong.com/programs/share-our-wealth/huey-longs-share-our-wealth-speech">Every Man A King</a>" slogan and hailed Long as a "great Southern populist" who was "an interesting guy; kind of a crazy guy."</p>
<p>"But no man is a king if their castle is under siege by criminals," Vance <a href="https://x.com/TheCalvinCooli1/status/2090900154194743504">continued,</a> "No man is a king if they can't take their family out to dinner without being mugged or having their car jacked."</p>
<p>The moment is illustrative both because of Vance's choice to invoke Long by name—this was a deliberate choice made in a prewritten speech, not some off-the-cuff remark—and for how the vice president seems to have misunderstood the speech he was referencing.</p>
<p>Indeed, Long's "every man a king" platform had nothing to do with locking up criminals or more restrictive immigration enforcement, as Vance suggested in the speech. It was, instead, a direct call for a more powerful federal government to seize and redistribute wealth.</p>
<p>"You must keep the wealth of the country scattered, and you must limit the amount that any one man can own," Long <a href="https://www.hueylong.com/programs/share-our-wealth/huey-longs-share-our-wealth-speech">said</a>. To accomplish that goal, Long advocated for limiting individuals to owning no more than $50 million—though he admitted that "it may be necessary that we limit it to less."</p>
<p>That's <a href="https://www.bls.gov/data/inflation_calculator.htm">the equivalent</a> of about $1.2 billion today. Effectively, Long was calling for a populist uprising against the billionaires of his time. He was quite literal about it. "Our taxation is going to be to take the billion-dollar fortunes and strip them down to frying size," he promised.</p>
<p>And that's not all. The rest of the "every man a king" program called for loan forgiveness and a limit on the number of hours people worked. It is <a href="https://www.hueylong.com/programs/share-our-wealth/huey-longs-share-our-wealth-speech">a speech</a> and a political platform that, aside from a few bits of outdated language here and there, sounds like what you'd expect from the likes of Sen. Bernie Sanders (I–Vt.), New York City Mayor Zohran Mamdani, or the Democratic Socialists of America.</p>
<p>What is it, one might wonder, that Vance <a href="https://x.com/jasonahart/status/2091330168115630309">finds so interesting about Long</a>?</p>
<p>In fairness, Vance did add that Long was "kind of a crazy guy." And the vice president was not saying that Republicans ought to embrace Long's economic views or copy his policy platform. Vance's point seems to be that abstract ideas like freedom and rights can be undermined by material insecurity—and even though the context is quite different, that was certainly a fundamental premise of Long's call for redistribution of wealth.</p>
<p>But this is also a telling wink.</p>
<p>Long may have wanted the federal government to decide how much wealth Americans could hold, but he had less strict views about the accumulation of political power. He understood, as Vance seemingly does too, that populism is a means to an end, and the end is usually a more muscular government. Lawrence Dennis, an outright American fascist, <a href="https://www.jstor.org/stable/4234177">said</a> that Long was "the nearest approach to a national fascist leader" that the U.S. had ever seen.</p>
<p>Vance has <a href="https://reason.com/2026/04/24/after-viktor-orbans-defeat-in-hungary-the-new-right-needs-a-new-foreign-despot-to-admire/">no trouble</a> <a href="https://reason.com/2026/04/08/viktor-orban-and-his-american-apologists-all-deserve-to-lose/">cozying up to authoritarians</a> or <a href="https://www.nytimes.com/2026/03/03/opinion/jd-vance-has-his-reasons.html">espousing illiberal views</a> about <a href="https://reason.com/2026/01/15/quote-j-d-vance-on-the-nature-of-power/">political power</a>.</p>
<p>Lately, he has been making his progressive and authoritarian economic views increasingly clear. In <a href="https://x.com/robbysoave/status/2072751925305466908">a recent interview</a> with Michael Knowles of <em>The Daily Wire</em>, Vance defended President Donald Trump's idea of seizing AI companies' profits, then proceeded to outline a vision for the future in which the Republican Party shuns the economic ideas of Milton Friedman.</p>
<p>"Vance understands better than Trump that such a proposal contradicts long-held GOP economic dogma, and that's precisely what he likes about it. He <em>likes</em> that it's kind of socialist," <a href="https://reason.com/2026/07/02/j-d-vance-hates-milton-friedman/">wrote</a> <em>Reason</em>'s Robby Soave at the time.</p>
<p>It was perhaps inevitable that Vance's mixture of illiberal political views and populist economics would land him in the vicinity of the "<a href="https://www.senate.gov/senators/FeaturedBios/Featured_Bio_Long_Huey.htm">Kingfish</a>." By invoking Long, Vance has offered a clarifying moment. Long represents almost everything the American right once warned against in the name of limited government and constitutional liberty.</p>
<p>The fact that Vance can't stand Friedman but finds Long to be an "interesting" figure speaks volumes—and should be a major red flag for his future political aspirations.</p>
<p>The post <a href="https://reason.com/2026/08/25/j-d-vances-interest-in-huey-long-should-be-a-red-flag-for-conservatives/">J.D. Vance&#039;s Interest in Huey Long Should Be a Red Flag for Conservatives</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Samuel Corum/Sipa USA/Newscom/United States Library of Congress]]></media:credit>
		<media:description type="html"><![CDATA[J.D. Vance and Huey Long]]></media:description>
		<media:title><![CDATA[JD-Vance-Huey-Long-v1]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/JD-Vance-Huey-Long-v1-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				5 Years of the Journal of Free Speech Law, 150 Published Articles			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/25/5-years-of-the-journal-of-free-speech-law-150-published-articles/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398643</id>
		<updated>2026-08-23T16:42:02Z</updated>
		<published>2026-08-25T15:22:08Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" />		<summary type="html"><![CDATA[I'm pleased to report that it has been 5 years since the Journal of Free Speech Law published its first article,&#8230;
The post 5 Years of the Journal of Free Speech Law, 150 Published Articles appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/25/5-years-of-the-journal-of-free-speech-law-150-published-articles/">
			<![CDATA[<p>I'm pleased to report that it has been 5 years since the <em>Journal of Free Speech Law </em>published its first article, and since then we've published a total of 150. We've published some of the top people in the field from some of the top law schools, such as Geoffrey Stone (Chicago), Genevieve Lakier (Chicago), Jane Ginsburg (Columbia), Philip Hamburger (Columbia), Lee Bollinger (Columbia), Stuart Benjamin (Duke), Joseph Blocher (Duke), Mark Tushnet (Harvard), Andrew Koppelman (Northwestern), Jeremy Waldron (NYU), Cynthia Estlund (NYU), Christopher Yoo (Penn), Mark Lemley (Stanford), Danielle Citron (Virginia), Jack Balkin (Yale), and Robert Post (Yale),</p>
<p>But we've also published professors from other law schools; professors from other disciplines; authors from other countries; and a few law students or fresh law school graduates whose articles have been accepted through our blind review process. The articles have been cited so far in 14 court cases, over 500 articles, and over 140 briefs. And note that all the articles have only had five years or less to attract these citations.</p>
<p>We also publish quickly (by the standards of academic journals), if that's what authors would like. Several of our most recent articles, for instance, were published 3 to 5 months from when we received them, and that includes the time stemming from the authors revising their articles in various ways (which we certainly allow, if the author is willing to take the time). We have published articles as quickly as a month after we received them, when the author has wanted to move fast.</p>
<p>To my knowledge, many top student-edited journals are shut down for the Fall and Winter (or are about to shut down), and won't review manuscripts until February. That means the manuscripts probably wouldn't be published until the end of 2027, or even later. But if you submit to us now, and want to publish quickly, you can have the article out by the end of 2026.</p>
<p><span id="more-8398643"></span></p>
<p>There are other advantages as well: We offer anonymized feedback from the reviewers whether the article is accepted or rejected; many authors have told us this was very helpful. And when we accept article, it's edited by one of our Executive Editors (Jane Bambauer, Ash Bhagwat, or me), and many authors have likewise told us that the edits, by experienced free speech scholars, are quite useful.</p>
<p>Please pass this along to friends or colleagues who you think might be interested. Note that the submissions don't compete for a limited number of slots in an issue or volume; we'll publish articles that satisfy our quality standards whenever we get them.</p>
<p>All submissions <strong>must be exclusive to us</strong>, but, again, you'll have an answer within 14 days (though perhaps up to 21 days if it's over Thanksgiving, Christmas, or New Year's), so you'll be able to submit elsewhere if we say no. Please submit an anonymized draft, together with at <a href="https://freespeechlaw.scholasticahq.com/">https://freespeechlaw.scholasticahq.com/</a>. A few guidelines:</p>
<ul>
<li>Instead of a cover letter, please submit at most one page (and preferably just a paragraph or two) explaining how your article is novel. If there is a particular way of showing that (e.g., it's the first article to discuss how case X and doctrine Y interact), please let us know.</li>
<li>Please submit articles single-spaced, in a proportionally spaced font.</li>
<li>Please make sure that the Introduction quickly and clearly explains the main claims you are making.</li>
<li>Please avoid extended background sections reciting familiar Supreme Court precedents or other well-known matters. We prefer articles that get right down to the novel material (if necessary, quickly explaining the necessary legal principles as they go).</li>
<li>Each article should be as short as possible, and as long as necessary.</li>
<li>Like everyone else, we like simple, clear, engaging writing.</li>
<li>We are open to student-written work, and we evaluate it under the same standards applicable to work written by others.</li>
</ul>
<p>We publish:</p>
<ol>
<li>Articles that say something we don't already know.</li>
<li>Articles with all sorts of approaches: doctrinal, theoretical, historical, empirical, or otherwise.</li>
<li>Articles dealing with speech, press, assembly, petition, or expression more broadly.</li>
<li>Generally not articles purely focused on the Free Exercise Clause or Establishment Clause, except if they also substantially discuss religious speech.</li>
<li>Articles about the First Amendment, state constitutional free speech provisions, federal and state statutes, common-law rules, and regulations protecting or restricting speech, or private organizations' speech regulations.</li>
<li>Articles about U.S. law, foreign law, comparative law, or international law.</li>
<li>Both big, ambitious work and narrower material.</li>
<li>Articles that are useful to the academy, to the bench, or to the bar (or if possible, to all three).</li>
<li>Articles arguing for broader speech protection, narrower speech protection, or anything else.</li>
</ol>
<p>The post <a href="https://reason.com/volokh/2026/08/25/5-years-of-the-journal-of-free-speech-law-150-published-articles/">5 Years of the Journal of Free Speech Law, 150 Published Articles</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Justice Department Opines That Federal Law Allows Carrying Guns in Post Offices for Self-Defense			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/25/justice-department-opines-that-federal-law-allows-carrying-guns-in-post-offices-for-self-defense/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398652</id>
		<updated>2026-08-25T23:15:48Z</updated>
		<published>2026-08-25T14:32:41Z</published>
			<category scheme="https://reason.com/latest/" term="Guns" /><category scheme="https://reason.com/latest/" term="Self-Defense" />		<summary type="html"><![CDATA[A short excerpt from the long Justice Department Office of Legal Counsel Aug. 12 memo to the Attorney General: You&#8230;
The post Justice Department Opines That Federal Law Allows Carrying Guns in Post Offices for Self-Defense appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/25/justice-department-opines-that-federal-law-allows-carrying-guns-in-post-offices-for-self-defense/">
			<![CDATA[<p>A short excerpt from the long Justice Department Office of Legal Counsel <a href="https://www.justice.gov/olc/media/1457751/dl">Aug. 12 memo</a> to the Attorney General:</p>
<blockquote><p>You have asked whether 18 U.S.C. § 930(a) &hellip; is best read to impose criminal penalties on an otherwise law-abiding individual who carries weapons into a post office for the purpose of self-defense. We would have significant constitutional concerns if Congress <em>had</em> created such a blanket ban on the lawful carrying of constitutionally protected arms into a building frequented by the public since the Founding. But we ultimately need not reach that issue here, as Congress has exempted the "lawful carrying" of firearms or other dangerous weapons "incident to hunting or other lawful purposes." Because carrying arms for self-defense when entering a building held open to the public is a paradigmatic "lawful purpose[]," that exception permits the lawful carrying of constitutionally protected firearms in post offices&hellip;.</p>
<p>[S]ection 930(d)(3) provides that section 930(a)'s bar against carrying firearms and dangerous weaponry does not apply to "the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes." 18 U.S.C. § 930(d)(3). To fall within this exception with respect to firearms, an individual must satisfy two criteria: (1) the carrying of their firearm must be "lawful"; and (2) the carrying must be "incident to" a "lawful purpose[]," such as "hunting."</p>
<p>The first requirement is relatively straightforward. It excludes, for example, a person who is not legally allowed to carry a gun <em>anywhere</em>&hellip;. Under federal law, this exemption would not cover, for example, a person who has been convicted of a felony or a misdemeanor crime of domestic violence, a person who has been committed to a mental institution, or a person who is in the United States illegally. It may also exclude an individual who is forbidden from carrying a firearm in the relevant state because he is not licensed—so long as the licensing regime itself is not constitutionally infirm&hellip;</p>
<p>The second requirement is less clear but is best read to cover an individual entering a post office that is open to the public while lawfully carrying a firearm for self-defense. "Incident," used as an adjective, means "occurring or likely to occur esp[ecially] as a minor consequence or accompaniment." In the legal context, "incident" means "depends upon, appertains to, or follows another."</p></blockquote>
<p><span id="more-8398652"></span></p>
<blockquote><p>But section 930(d)(3) does not specify whether the "lawful purpose" to which the carrying of a firearm must accompany is the purpose for entering a federal building or the purpose for carrying the firearm. Read in conjunction with background principles of law, we think the better view is that an individual needs <em>both</em> a lawful purpose to be in a federal facility and a lawful purpose to carry a firearm in order for the individual to qualify for the exception in section 930(d)(3), but not necessarily that the two must be related. So understood, an otherwise law-abiding citizen who carries a constitutionally protected firearm into a post office that is generally open to the public would fall within the scope of that exception&hellip;.</p>
<p>Carrying arms for self-defense when entering a building held open to the public is a paradigmatic lawful purpose&hellip;. Unless the property owner has clearly closed the property to firearms being carried for self-defense, such carrying is presumptively lawful. Yet far from closing post offices to firearms, Congress expressly permitted the carrying of firearms incident to any lawful purpose.</p>
<p>Interpreting "lawful purpose" in section 930 to include self-defense in a building held open to the public is also consistent with other rules of statutory construction. For example, take the semantic canons of <em>noscitur a sociis</em> and <em>ejusdem generis. </em>In the Second Amendment context, hunting is often paired with self-defense as an archetypal lawful purpose. <em>See, e.g.</em>, 15 U.S.C. § 7901(b)(2) (outlining Congress's purpose of "preserv[ing] a citizen's access to a supply of firearms and ammunition for all lawful purposes, including hunting, self-defense, collecting, and competitive or recreational shooting"). So if an individual who is not legally disabled from possessing a firearm enters a post office that is held open to the public while properly carrying a firearm for self-defense, section 930(d)(3) applies to exempt them from section 930(a)'s carrying ban, as the individual is "lawful[ly] carrying" a firearm "incident to" a "lawful purpose[]." &hellip;</p>
<p>This interpretation is further supported by the canon of constitutional avoidance, which "imposes"—at minimum—a "'clarity tax' on Congress" when it legislates in ways that raise constitutional doubts&hellip;. Because [§ 930(a)] falls within the plain text of the Second Amendment, the restriction is "presumptively unconstitutional." As applied to post offices that are generally open to the public, we have grave doubts that the government could carry its burden to overcome that presumption by demonstrating the restriction "is consistent with the Nation's historical tradition of firearm regulation." That would be a high hurdle because, for nearly two centuries, there was <em>no</em> ""historical tradition of firearm regulation" in post offices. Moreover, it is unlikely that the government would be able to overcome that hurdle by reference to the "sensitive places" doctrine because ordinary post offices appear to bear no legally significant resemblance to the ""legislative assemblies, polling places, and courthouses" where the Court has accepted that the government may presumptively restrict firearms&hellip;.</p></blockquote>
<p>The opinion was written by Lanora C. Pettit, Principal Deputy Assistant Attorney General.</p>
<p>UPDATE 8/25/26, 1:45 pm: Check out also the recently posted <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=7262838"><em>The Post Office Was the General Store: Sensitive Functions, Absent Premises, and the Post-Office Carry Ban</em></a>, by Jonathan S. Goldstein. The Abstract:</p>
<blockquote><p>Modern law begins from an inverted premise: the armed citizen in the post office is treated as the problem, and the gun-free federal building as the timeless baseline. The history runs the other way.</p>
<p>It is not that the post office sat inside a store and therefore could not be sensitive. At the founding, nearly everything sat inside a store or a tavern: the Congress of the Confederation sat in the French Arms Tavern, the War Office in Fraunces Tavern, and the Supreme Court above an open-air market. The building never carried the rule. What carried the rule was the function. The founding generation designated sensitive occasions rather than sensitive addresses — Delaware in 1776 disarmed "the said elections," and Virginia in 1786 disarmed the man who came before "the justices of any court .. . doing their office" — and no founding-era designation of the mail has been located. There was nothing to designate.</p>
<p>Nor is the omission explained away by the government's ownership of the modern building. The statute the government enforces does not turn on ownership: § 930 reaches a building "owned or leased" by the United States, and when Congress described the archetypal sensitive place in the same section it named a courtroom, a jury room and the chambers of a judge, with no ownership term at all. Title is not the axis. Function is — and the function performed across a post-office counter is retail.</p>
<p>The Post Office Act of 1792 required only that "every deputy postmaster shall keep an office," and the Act of 1825 that "every postmaster" do so — a duty that ran in each case to the man and not to the room; there would be no federal Supervising Architect until 1852, and no division of the Department devoted to post-office quarters until the second decade of the twentieth century; and what that record establishes is not that the sovereign lacked a deed, but what a citizen crossing the threshold was walking into. He was walking into a store.</p>
<p>After New York State Rifle &amp; Pistol Ass'n v. Bruen, the government bears the burden of producing a founding-era tradition that would justify disarming the law-abiding citizen at the post office. It must therefore produce a tradition of disarming people at a place that did what the post office did. This Article marshals the affirmative record — the Postal Service's own institutional history, federal historic-site nominations, the surviving account books of merchant-postmasters, and the practice of a postal system that itself carried, mailed, and guarded arms — and shows that the post office is among the poorest available candidates for a founding-era "sensitive place." The burden is the government's, and on this record it cannot carry it.</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/08/25/justice-department-opines-that-federal-law-allows-carrying-guns-in-post-offices-for-self-defense/">Justice Department Opines That Federal Law Allows Carrying Guns in Post Offices for Self-Defense</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				New in SCOTUSBlog: The justices should regularly sit on the lower courts			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/25/new-in-scotusblog-the-justices-should-regularly-sit-on-the-lower-courts/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398827</id>
		<updated>2026-08-25T14:27:31Z</updated>
		<published>2026-08-25T14:27:31Z</published>
					<summary type="html"><![CDATA[The chief justice should ask each circuit justice to preside over one en banc oral argument of his or her circuit.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/25/new-in-scotusblog-the-justices-should-regularly-sit-on-the-lower-courts/">
			<![CDATA[<p>My latest installment in <a href="https://www.scotusblog.com/2026/08/the-justices-should-regularly-sit-on-the-lower-courts-/">SCOTUSBlog</a> calls for the return of circuit riding, with a twist:</p>
<blockquote><p>Each term the circuit justices would be drawn at random to sit on the lower courts. The justices can pull a number out of a hat. No longer would the same justice preside over the same circuit year-after-year. Let the justices and the lower courts mix and mingle, to get the greatest flavor of how the judicial system works nationwide. Indeed, justices should rotate among the circuits every year to see the widest range of courts, across the fruited plain, with flyover country in the middle.</p>
<p>A more important part of this proposal is that the chief justice will ask each circuit justice to preside over one en banc oral argument of his or her circuit. These sessions could be timed when the justices do not have oral argument at the Supreme Court to minimize possible disruptions.</p></blockquote>
<p>I also propose that the Justices should keep their home chambers outside of the swamp, and only commute when the Court is in session:</p>
<blockquote><p>It would be quite feasible for a justice to commute to the Supreme Court <a href="https://reason.com/volokh/2025/09/07/does-a-supreme-court-justice-have-to-move-to-the-swamp-and-burn-the-boats/">for the session days</a>. Indeed, Justice <a href="https://www.palmbeachpost.com/story/news/state/2010/04/09/retirement-home-supreme-court-justice/7579082007/?gnt-cfr=1&amp;gca-cat=p&amp;gca-uir=true&amp;gca-epti=z113622d00----v113622b0041xxd004165&amp;gca-ft=215&amp;gca-ds=sophi">John Paul Stevens</a> spent two weeks of each month from November through April in his Florida home. For all other times, the justice could work in a local chamber at a federal courthouse. <a href="https://www.law.cornell.edu/uscode/text/28/44">Federal law</a> requires circuit judges to reside in the circuit they are assigned to, but there is no similar statute requiring Supreme Court justices to live in Washington, D.C. I think Congress would gladly pay for some travel costs for the justices to spend <a href="https://www.scotusblog.com/2026/08/the-court-should-hold-oral-argument-outside-of-the-capital/">less time</a> in the capital.</p>
<p>I don't even think a justice would need to purchase an expensive home in Washington, D.C. A justice could also follow the lead of <a href="https://www.npr.org/2020/05/13/852359650/pandemic-revives-calls-to-ban-lawmakers-from-bunking-in-their-offices">many members of Congress</a>, and use their chambers as sleeping quarters. If it is good enough for Article I, it should be good enough for Article III. (Indeed, on the Marshall court, all of the justices would stay at the same <a href="https://civics.supremecourthistory.org/article/boarding-houses/">boarding house</a>.)</p>
<p>I'll add that their law clerks should join the justices on the road. There is value in keeping the law clerk's feet planted on the ground. Working in a marble palace can distort any sense of reality. Perhaps law clerks could spend part of the year in the home chambers and part of the year at the Supreme Court. Or some law clerks could spend all of their time in either location. Or perhaps a justice could go to D.C. without any law clerks. In any event, it would serve the justices well to get out of D.C. and see how justice is dispensed across the nation.</p></blockquote>
<p>If we take the Justices and clerks away from Mount Olympus, they will spend less time with their heads in the cloud.</p>
<p>The post <a href="https://reason.com/volokh/2026/08/25/new-in-scotusblog-the-justices-should-regularly-sit-on-the-lower-courts/">New in SCOTUSBlog: The justices should regularly sit on the lower courts</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>C.J. Ciaramella</name>
							<uri>https://reason.com/people/cj-ciaramella/</uri>
						<email>cj.ciaramella@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				This ICE Office Detains People for Days in Overcrowded Holding Cells			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/25/this-ice-office-detains-people-for-days-in-overcrowded-holding-cells/" />
		<id>https://reason.com/?p=8398768</id>
		<updated>2026-08-25T18:37:41Z</updated>
		<published>2026-08-25T14:09:18Z</published>
			<category scheme="https://reason.com/latest/" term="Due Process" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Department of Homeland Security" /><category scheme="https://reason.com/latest/" term="Florida" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[ICE's standards say these cells shouldn't be used to confine people for more than 12 hours. But that's not how it works in Miramar, Florida.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/25/this-ice-office-detains-people-for-days-in-overcrowded-holding-cells/">
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										alt="Miramar ICE facility | Photo: Google Earth."
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		<p>An Immigration and Customs Enforcement (ICE) field office in Miramar, Florida, is supposed to be where immigrants go for regular appointments with federal authorities. However, family members of detainees, immigrant legal aid groups, and Democratic lawmakers say the South Florida facility has become a dangerously overcrowded detention center in the past few months, with people languishing for days in what are meant to be temporary holding cells.</p>
<p>A South Florida resident who asked to only be identified by her first name, Marlene, says her sister Yajaira, a 37-year-old mother of two, spent five days last month detained at the Miramar facility before being transferred to another detention center across the country.</p>
<p>Marlene says Yajaira was jammed into a bare concrete holding cell with roughly 50 other people, where she suffered an anxiety attack. Yajaira was given barely any food, no room to sleep, limited phone time, and no confidential access to legal counsel.</p>
<p>"She lasted five days in there, five days without brushing her teeth, without showering and things like that," Marlene says.</p>
<p>According to an extraordinary waiver that ICE granted itself last year, Yajaira should have been in that holding cell for no longer than 72 hours at Miramar, but advocacy groups say that extended stays like Yajaira's are the norm now at the facility.</p>
<p>María Bilbao, the campaigns coordinator for the American Friends Service Committee of Florida, says she's been fielding texts and phone calls every day from family members of detainees being held at Miramar for up to 12 days at a time. Bilbao is also an organizer for the Miramar Circle of Protection, a volunteer group that provides support and legal guidance for immigrants outside the Miramar ICE office.</p>
<p>"Miramar is supposed to be a space where you go to do a check-in or pay a bond," Bilbao says. "But now I describe it like a clandestine detention center, because there is no clarity."</p>
<p>Paul Chavez, an attorney with Americans for Immigrant Justice, said his organization has been hearing the same thing.</p>
<p>"We've seen people held there for multiple days at a time—eight days, even nine days in some cases," Chavez continues. "Miramar is not designed or equipped to function as a detention facility. It's essentially an administrative field office where people have historically gone for immigration check-ins. Now people are being held there for days, sleeping on concrete floors with those thin aluminum emergency blankets."</p>
<p>Yajaira's experience is a typical example of immigration enforcement in South Florida since the Trump administration ramped up its mass deportation campaign this spring and summer, hitting <a href="https://austinkocher.substack.com/p/ice-quietly-arresting-more-people">a record-high number of arrests in July</a>.</p>
<p>Yajaira, a noncitizen from Honduras, became part of that statistic on July 20, when she was pulled over and arrested by federal immigration officers while driving through the Florida Keys. Marlene says Yajaira had a valid work permit, but ICE and Customs and Border Protection (CBP) do not consider a work authorization to be legal status, only proof of legal residency or citizenship.</p>
<p>Yajaira was first taken to a CBP field office in Marathon, Florida. In the one-minute phone call Yajaira was allowed, she told Marlene she would soon be transferred to the ICE-ERO Miramar field office.</p>
<p>"They have too many people in just one cell, like 50 people in one cell," Marlene says.</p>
<p>The cells have one toilet with no privacy.</p>
<p>Rep. Debbie Wasserman Schultz (D–Fla.) <a href="https://www.nbcmiami.com/news/local/congresswoman-allegations-miramar-ice-processing-facility/3828909/">inspected the facility</a> in July after immigrant advocacy groups and detainees' families began drawing attention to it.</p>
<p>"I can tell you that the conditions that they're being held in are horrific," Wasserman Schultz told reporters after her tour.</p>
<p>"There are literally people lining the floors," Wasserman Schultz continued. "There is absolutely no room at all. It is wall-to-wall people."</p>
<p>According to ICE's revised <a href="https://www.ice.gov/doclib/detention-standards/2025/nds2025.pdf">2025 National Detention Standards</a>, the holding rooms at field offices such as the one at Miramar are supposed to be short-term cells for detainees awaiting processing, transfer elsewhere, or court proceedings. Those standards limit confinement in holding rooms to no longer than 12 hours.</p>
<p>However, ICE issued a nationwide waiver last June allowing field offices to hold people for up to 72 hours.</p>
<p>That directive has fared poorly in court. A federal judge <a href="https://www.aila.org/library/federal-judge-bars-ice-from-conducting-most-courthouse-arrests-and-exceeding-12-hour-holding-cell-limit">vacated the memo</a> in June, in response to a lawsuit challenging conditions at ICE's San Francisco field office. Last year, federal judges also ordered ICE to drastically improve living standards in migrant holding cells in its <a href="https://www.politico.com/news/2025/08/12/ice-manahttan-detention-conditions-ruling-00505986">New York City</a> and <a href="https://www.aclusocal.org/en/press-releases/court-prohibits-federal-government-racial-profiling-denying-access-counsel">Los Angeles</a> offices, ruling that plaintiffs were likely to succeed on their claims that they were being held in unconstitutional conditions and illegally denied access to legal services.</p>
<p>"The overcrowding and the length of time people are spending in what are supposed to be temporary holding rooms are really the crux of the problem," Chavez says.</p>
<p>Marlene says her sister Yajaira suffers from anxiety, which was heavily exacerbated by the overcrowding.</p>
<p>"She ended up passing out in there," Marlene says. "They took her to the hospital in an ambulance. However, they brought her back with her IV still in her arm. I work in a hospital. That should have never happened."</p>
<p>Detainees, family members, and advocacy groups allege those detained in Miramar aren't allowed to keep their prescription medications, and families who try to deliver medications are turned away.</p>
<p>Because the Miramar ICE office is not a dedicated detention center, it doesn't have on-site medical staff or equipment. As a result, the facility appears to have outsourced urgent care to a local hospital.</p>
<p>The <em>Miami Herald</em> <a href="https://www.miamiherald.com/news/local/immigration/article316761925.html">obtained public records</a> showing that 911 medical calls to the Miramar ICE facility rose sharply during the 12-month period ending July 1, surging especially high between this May and July.</p>
<p>Chavez says that, while a healthy person may be able to spend several days in such conditions, the dangers become acute for those with preexisting illnesses and chronic conditions, such as diabetes.</p>
<p>"My fear is that once someone reaches day three, day four, or day five without access to their prescription medications or ongoing medical care, a manageable medical condition can quickly become an emergency," Chavez says. "This is simply not a facility designed or equipped to provide ongoing medical care."</p>
<p>Access to confidential legal counsel is impossible at Miramar as well. The facility doesn't allow attorneys in-person access to detainees, and phone calls are monitored.</p>
<p>There have been numerous reports that staff at Miramar and other Florida ICE facilities disconnect phone calls whenever legal matters are brought up.</p>
<p>"Whenever you mentioned those things, they just hang up the phone," Marlene says. "Because every time I'll [say], 'Oh, don't sign anything,' they will take the phone away from her, and they will hang up the phone."</p>
<p>The<em> Herald</em> similarly <a href="https://www.miamiherald.com/news/local/immigration/article316761925.html">reported</a> that phone calls were disconnected. A family member of a Miramar detainee told the Herald that during a phone call with her father, "people in the background repeatedly told him to hang up" as he described witnessing another man have a seizure. "Another call disconnected after the family told him they had obtained an attorney," the <em>Herald</em> wrote.</p>
<p>The restrictions also stop attorneys from contacting detainees who don't have lawyers already, a critical problem for South Florida immigrants who've been living in the country without issue for years, sometimes decades.</p>
<p>"We're seeing elderly Cubans who have been reporting to Miramar for immigration check-ins for 15 or 20 years and are now suddenly being detained," Chavez says. "Because many have been living in the community for decades, they may no longer have an active relationship with an immigration attorney. And because Cuba often does not accept deportations in individual cases, some may face the prospect of removal to a third country where they have no ties. That makes meaningful access to counsel especially important."</p>
<p>After five days at Miramar, Yajaira was transferred to a detention center in El Paso, Texas. Marlene says she waited four to six hours outside the Miramar office to try to deliver some of Yajaira's belongings and documents, only to be eventually told that her sister had already been put on a bus and was gone.</p>
<p>Marlene says Yajaira is currently being held at an ICE detention center in Spokane, Washington. Her family has spent thousands of dollars to hire an attorney to file a <em>habeas corpus</em> petition on her behalf—one of the only legal avenues for immigrant detainees to obtain release from ICE detention on bond.</p>
<p>Marlene says her family has told Yajaira's 4-year-old daughter that her mother is away working to save up money so they can go to Disney World, "but she's at the point where [she] just doesn't care about anything."</p>
<p>"She misses her mom to the point that she'll go four days without a shower, and she'll be like, 'I'm not showering until my mom shows up.'"</p>
<p>The Department of Homeland Security did not immediately respond to a request for comment.</p>
<p>The post <a href="https://reason.com/2026/08/25/this-ice-office-detains-people-for-days-in-overcrowded-holding-cells/">This ICE Office Detains People for Days in Overcrowded Holding Cells</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Photo: Google Earth.]]></media:credit>
		<media:description type="html"><![CDATA[Miramar ICE facility]]></media:description>
		<media:title><![CDATA[OvercrowdedICEFacility]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/OvercrowdedICEFacility-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Damon Root</name>
							<uri>https://reason.com/people/damon-w-root/</uri>
						<email>damon.root@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				A Limited Supreme Court Win for Trump on Mail-In Ballots			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/25/another-supreme-court-showdown-over-mail-in-ballots/" />
		<id>https://reason.com/?p=8398750</id>
		<updated>2026-08-25T13:44:12Z</updated>
		<published>2026-08-25T13:45:50Z</published>
			<category scheme="https://reason.com/latest/" term="Campaigns/Elections" /><category scheme="https://reason.com/latest/" term="Law &amp; Government" /><category scheme="https://reason.com/latest/" term="State Governments" /><category scheme="https://reason.com/latest/" term="Voting" /><category scheme="https://reason.com/latest/" term="Congress" /><category scheme="https://reason.com/latest/" term="Constitution" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Supreme Court" />		<summary type="html"><![CDATA[But the legal fighting will continue in the lower courts.]]></summary>
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		<p>In its recent decision in <a href="https://www.supremecourt.gov/opinions/25pdf/24-1260_g3cn.pdf"><em>Watson v. Republican National Committee</em></a> (2026), the U.S. Supreme Court affirmed the legality of a state mail-in voting system that allows the counting of ballots that are mailed before election day but not received until shortly after election day. "While federal law dictates when ballots must be cast," observed the majority opinion of Justice Amy Coney Barrett, "state law governs when they must be received." It was a clear rebuke to the Republican-led effort to eliminate a common form of voting by mail.</p>
<p>But if you thought that far-reaching decision would be the Supreme Court's final word on mail-in ballots this year, you may want to think again.</p>

<p>Back in March, President Donald Trump issued an <a href="https://www.whitehouse.gov/presidential-actions/2026/03/ensuring-citizenship-verification-and-integrity-in-federal-elections/">executive order</a> that, among other things, directed the Postal Service to promulgate new rules that would restrict the ability to send and deliver ballots via the U.S. mail. Those newly proposed rules were released late last week. Meanwhile, Trump's executive order was promptly challenged and blocked in federal court by a group of states led by California and New York, leading the Trump administration to file an <a href="https://www.scotusblog.com/cases/trump-v-california/">emergency request</a> with the Supreme Court that sought to lift the lower court's block and thereby clear the way for the executive order to be implemented.</p>
<p>Yesterday, a divided Supreme Court issued a <a href="https://www.supremecourt.gov/opinions/25pdf/26a124_hgci.pdf">limited ruling in Trump's favor</a>, holding that the states had no standing to sue at this point because no federal action had yet been taken against them. The lower court's block on implementing the executive order was therefore lifted.</p>
<p>"The Court's disposition of this application does not mean that any measure taken by the Government to implement the Order will necessarily be lawful," stated the Supreme Court's <a href="https://www.supremecourt.gov/opinions/25pdf/26a124_hgci.pdf">unsigned majority opinion</a>. "On that score, time will tell. But the Order itself does not harm the States, so the District Court lacked jurisdiction to bar the Government from trying to implement it."</p>
<p>Writing in dissent, Justice Sonia Sotomayor, joined by Justice Elena Kagan, also noted the limited scope of the Court's action. "Today's decision does not address whether the President's attempts to interfere with States' administration of the November 2026 elections are lawful. Nor does it suggest that the Executive Branch has any constitutional or statutory authority to implement the President's directives," Sotomayor wrote. "Instead, today's decision merely postpones adjudication of those challenges. Nonetheless, because I believe the respondent States' challenges are justiciable now, I respectfully dissent."</p>
<p>In other words, the legal fighting is about to get even fiercer in the lower courts now that the Trump administration has been freed up to begin implementing the executive order. It seems quite likely that the matter will be back before the justices sooner or later for a more definitive resolution.</p>
<p>Will yesterday's decision have any bearing on this fall's midterm elections, which are now just a little over two months away?</p>
<p>"If the regulations are enacted," <a href="https://www.nytimes.com/2026/08/21/us/politics/postal-service-rule-restrict-mail-ballots.html?unlocked_article_code=1.7lA.Cp9f.-vDK0YN7nieX&amp;smid=url-share">notes</a> Adam Sella of <em>The New York Times</em>, "the Postal Service said that it would not deliver mail ballots in states that do not share voter data with the federal agency." I suppose you can safely guess whether it will be red states or blue states that will feel the impact of this would-be executive crackdown on mail-in voting. But that will only happen if the order's implementation survives further legal challenges.</p>
<p>Trump has certainly made his own partisan intentions clear enough. Passing a federal law that banned mail-in ballots, Trump <a href="https://www.pbs.org/newshour/politics/trump-has-one-prescription-for-the-midterms-house-republicans-have-another">told</a> a Republican gathering in March, would "guarantee the midterms." Trump seems to believe that the use of mail-in ballots benefits the Democrats and therefore wants to restrict their use in order to benefit the Republicans.</p>
<p>The trouble for Trump is that absent some kind of new federal law that directly limits the use of mail-in ballots, the principal authority over how elections are run may still remain where it has always remained: in the hands of the states. According to Article 1, Section 4, of the U.S. Constitution, "the Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations."</p>
<p>The Trump administration clearly wants greater control over federal elections. But the Constitution already gave that authority to the states, subject to additional regulation <em>by Congress</em>, not by the executive.</p>
<p>Will those federalism principles now prevent Trump from wielding the executive branch to "guarantee the midterms" for the GOP? As of this writing, the Supreme Court has yet to cast its final vote on that pressing constitutional question.</p>
<p>The post <a href="https://reason.com/2026/08/25/another-supreme-court-showdown-over-mail-in-ballots/">A Limited Supreme Court Win for Trump on Mail-In Ballots</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Photo: Sipa USA/Newscom/Kilmermedia/Dreamstime]]></media:credit>
		<media:description type="html"><![CDATA[Trump in the foreground, the American flag to the side, a mail-in ballot in the background]]></media:description>
		<media:title><![CDATA[MailInBallotEO]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Liz Wolfe</name>
							<uri>https://reason.com/people/liz-wolfe/</uri>
						<email>liz.wolfe@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Voting by Mail			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/25/voting-by-mail/" />
		<id>https://reason.com/?p=8398738</id>
		<updated>2026-08-25T13:30:02Z</updated>
		<published>2026-08-25T13:30:02Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Voting" /><category scheme="https://reason.com/latest/" term="Reason Roundup" /><category scheme="https://reason.com/latest/" term="Supreme Court" />		<summary type="html"><![CDATA[Plus: A 911 glitch, the disappearance of the menhaden, the deportation of a Navy sailor's dad, and more...]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/25/voting-by-mail/">
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		<p><strong>Mail-in voting ruling: </strong>Yesterday, the Supreme Court said the Trump administration could go ahead with its efforts to cut back some mail-in voting in advance of the midterms. "In <a class="css-povzk" title="" href="https://www.supremecourt.gov/docket/docketfiles/html/public/26a124.html" target="_blank" rel="noopener noreferrer">an emergency opinion</a>, the justices said President Trump could proceed with implementing an executive order he had signed, which directed the U.S. Postal Service to help decide which voters should receive mail-in ballots. Under the executive order, the Department of Homeland Security will also create lists of U.S. citizens that the administration believes could be used to monitor voter rolls for noncitizens," <a href="https://www.nytimes.com/2026/08/24/us/politics/supreme-court-trump-mail-ballots.html">reports</a> <em>The New York Times. "</em>The decision means the administration can move ahead with planning for restricting the use of mail ballots even as a lower court continues to weigh the legality of Mr. Trump's executive order." The idea is that making such lists would help to cut back on fraud, which Trump alleges is widespread.</p>

<p>"The Supreme Court's conservative majority didn't decide the legality of Trump's order, instead ruling that states who sued did not have the legal right to challenge it," <a href="https://apnews.com/article/trump-mail-voting-supreme-court-157afc3c195ce0a62c522da5ce904b04">reports</a> the Associated Press. The 6–3 ruling lifted a lower-court injunction that was blocking certain parts of President Donald Trump's executive order in 23 states and Washington, D.C.</p>
<p class="EkqkG IGXmU nlgHS yuUao lqtkC TjIXL aGjvy ">The ruling "will permit the Department of Homeland Security to compile a federal citizenship list and share it with states, allow the Attorney General to prioritize prosecution of state officials who may issue ballots to ineligible voters, and green-light U.S. Postal Service (USPS) rulemaking for state mail ballot designs," <a href="https://abcnews.com/US/usps-makes-new-rules-mail-ballots/story?id=135879673">reports</a> ABC News. "The ruling did not address what is arguably the most controversial portion of the order: requiring the USPS to verify voting eligibility of each person receiving a mail ballot and withhold ballots from anyone not on a government list. That provision remains blocked in a different legal case."</p>
<p>Cue apocalypticism from Justice Ketanji Brown Jackson, who <a href="https://apnews.com/article/trump-mail-voting-supreme-court-157afc3c195ce0a62c522da5ce904b04">wrote</a> that this ruling "lets another shoe drop in the Kafkaesque nightmare that our precedents have been steadily creating for certain plaintiffs who seek to bring election-related challenges." This isn't an especially substantial win for the Trump administration: The justices made clear that the order should not be taken as a final decision about whether the president's executive order "will necessarily be lawful" once completed. "On that score, time will tell," wrote the majority.</p>
<hr />
<p><strong><em>Scenes from New York: </em></strong>In New York City, 911 was offline for SEVEN hours last week. This "was caused by a glitch with a software update performed by Motorola, a vendor that provides technology to operate the system," <a href="https://www.nytimes.com/2026/08/24/nyregion/mamdani-911-outage-nyc.html">reported</a> <em>The New York Times</em>, per a statement by the mayor. "The glitch led to nearly 1,700 calls failing to reach a 911 call center in the Bronx, one of two public safety answering centers in the city." What's the death toll, I wonder? How many people could have been saved with faster emergency response, who weren't?</p>
<hr />
<h2>QUICK HITS</h2>
<ul>
<li>"Governments defending prices against fundamentals always lose," <a href="https://www.wsj.com/opinion/let-the-bond-market-speak-81529d74">writes</a> Stanley F. Druckenmiller for <em>The Wall Street Journal. </em>"The only variable is how much they spend before conceding. The U.S. shouldn't put itself on the wrong side of that trade, not with the most important price in the world, and not when that price is trying to say the one thing Washington most needs to hear: Let the bond market speak."</li>
<li>Alpha is "trying to minimize time spent on core instruction while maximizing performance," <a href="https://www.theargumentmag.com/p/why-parents-love-a-school-with-bogus?utm_campaign=email-half-post&amp;r=xys4&amp;utm_source=substack&amp;utm_medium=email">writes</a> Kelsey Piper for <em>The Argument. </em>"This is simply not something that most schools—especially not most fancy private schools that serve the kinds of kids who can afford Alpha—are trying to do. Most schools will tell you that they are trying to build holistic thinkers and citizens or foster a love of learning. Alpha is trying to get school out of the way as fast as possible."</li>
<li>"A U.S. Navy sailor serving aboard the troubled USS Abraham Lincoln learned over the weekend that his father had been detained by federal immigration authorities in Key West as the sailor completed an extended deployment in the Middle East," <a href="https://www.atfkw.com/p/navy-sailors-father-detained-in-key">reports</a> <em>Above the Fold. "</em>Joshua Aviles Castillo, a U.S. citizen who was recently recognized as Sailor of the Week, said his father, Luis Manuel Aviles Roa, was detained Saturday near a Searstown Publix shopping center."</li>
<li>"Art thieves in Europe are committing more violent robberies focusing on gold and jewels, and specialist gangs have been replaced by ad-hoc ​opportunists recruited through social media, Europol said on Monday," <a href="https://www.reuters.com/world/museum-heists-have-turned-more-violent-with-thieves-hired-social-media-europol-2026-08-24/">per Reuters</a>. "The heist at ‌the Louvre Museum in Paris in October last year was a prime example of these shifts, Europol said, as the thieves threatened guards and visitors, and stole €88 million worth of jewels such ​as Empress Eugenie's tiara."</li>
<li>"Something is going wrong along the U.S. Atlantic coast, and it is visible from the air, from the water and at the docks," <a href="https://www.washingtonpost.com/opinions/2026/08/19/fight-save-tiny-fish-powering-atlantic-coast/">writes</a> Mark Robichaux for <em>The Washington Post. </em>"In the Chesapeake Bay, <a href="https://www.frontiersin.org/journals/marine-science/articles/10.3389/fmars.2026.1685158/full" rel="">osprey chicks are dying</a> in their nests at rates not seen since the DDT era. Scientists say a key reason for their deaths could be that there are not enough fish for the birds to eat. In Maine, lobstermen have seen their <a href="https://www.mlcalliance.org/post/herring-quota-decline-transforms-maine-s-bait-business" rel="">bait supply tighten</a>, leaving them to fill traps with pig hides and frozen fish, whatever will hold on a hook. And all along the Eastern Seaboard, as striped bass fishermen head out in the middle of the season, charter captains are finding what their customers already notice: fewer baitfish. The thread that appears to connect all of it is a small, oily, unglamorous fish that most Americans have never heard of. <a href="https://www.fisheries.noaa.gov/species/atlantic-menhaden" rel="">Atlantic menhaden</a>—called bunker in New York and pogies in New England—are the engine of the East Coast food web. Stripers, bluefish, bluefin tuna, humpback whales and osprey eat them. They underpin billions of dollars in fishing economies from the Carolinas to Canada. When menhaden disappear from an area, everything above them in the food chain feels it."</li>
</ul>
<p>The post <a href="https://reason.com/2026/08/25/voting-by-mail/">Voting by Mail</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Adani Samat/Erin Alexis Randolph/Dreamstime]]></media:credit>
		<media:title><![CDATA[Mail In-Ballot-8-25]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/Mail-In-Ballot-8-25-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				New in Civitas Outlook: "SCOTUS's Immigration Rulings Chastise Trump on Morality"			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/25/new-in-civitas-outlook-scotuss-immigration-rulings-chastise-trump-on-morality/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398795</id>
		<updated>2026-08-25T12:35:20Z</updated>
		<published>2026-08-25T12:35:20Z</published>
					<summary type="html"><![CDATA["Mullin v. Doe should have been resolved on legal grounds without the need to virtue signal about immigration."]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/25/new-in-civitas-outlook-scotuss-immigration-rulings-chastise-trump-on-morality/">
			<![CDATA[<p>At the end of the term, there were so many blockbusters that two significant immigration decisions largely flew under the radar. Justice Alito wrote the majority opinions in <em>Mullin v. Doe</em> and <em>Mullin v. Al Otro Lado</em>. While I think both cases got the law right, I was troubled by some of the rhetoric that Alito used in <em>Doe</em>. My new essay in Civitas Outlook is titled, "<a href="https://www.civitasoutlook.com/research/scotuss-immigration-rulings-chastise-trump-on-morality-26e40543-5d92-4287-ad9d-08dbcaa452f5">SCOTUS's Immigration Rulings Chastise Trump on Morality</a>."</p>
<p>Here is the introduction:</p>
<blockquote><p>Last term, the Supreme Court ruled that the judiciary could not review the Secretary of Homeland Security's "determination" to suspend Temporary Protected Status (TPS) for Haitian and Syrian aliens. <em>Mullin v. Doe</em> was split by a right-left 6-3 vote. I think the majority had the better reading of the statute and the Constitution. Yet the Court didn't limit itself to the legal issues presented. Rather, Justice Alito's majority opinion regrettably chastised President Trump's rhetoric and his administration's immigration policies. Indeed, Justice Alito expressed something like remorse for ruling against the immigrants, perhaps in response to the dissent's fear-mongering claims. The Court reached the right result but was wrong to moralize to the President about how to conduct foreign affairs. This straightforward case should have been resolved on legal grounds without the need to virtue signal about immigration.</p></blockquote>
<p>Ultimately, Justice Thomas was willing to say what the others were not:</p>
<blockquote><p>Ultimately, something about the majority opinion in Mullin v. Doe is unsatisfying. The Court finds that the administration's decision to terminate TPS status was not subject to judicial review, and that Trump's comments about Haitians eating pets were not "overtly racial." I think the better approach can be found in Justice Thomas's solo concurrence. He observed that if "equal protection principles applied to immigration decisions, much of even our current immigration law would conflict with this Court's modern equal protection doctrine." Why? Because "our immigration laws have distinguished among aliens based on their national origin from the beginning." The government has long favored immigrants from some nations over others, without transgressing the Constitution. This policy should be constitutional.</p>
<p>The Court would have been much better off letting the federal government set its foreign policy with regard to immigration and not moralizing about how Americans—the President in particular—should view migrants. This decision, compounded with the birthright citizenship ruling, reflects a gap between the judiciary and the pressing issue of immigration that continues to divide the country. Hope springs eternal that the Supreme Court can correct course for next term.</p></blockquote>
<p>To echo Senator Cruz's new book, Justice Thomas is always willing to <a href="https://bookshop.org/p/books/going-further-the-incomparable-clarence-thomas-ted-cruz/5265eb7dcc71d9b4?ean=9798217181193&amp;bkshp-astro=t">go further</a>. And as Judge Ho explains in a book review in National Review, going further invariably means <a href="https://www.nationalreview.com/2026/08/clarence-thomas-going-further-by-standing-alone/">standing alone</a>, especially when Thomas takes the unpopular position.</p>
<p>The post <a href="https://reason.com/volokh/2026/08/25/new-in-civitas-outlook-scotuss-immigration-rulings-chastise-trump-on-morality/">New in Civitas Outlook: &quot;SCOTUS&#039;s Immigration Rulings Chastise Trump on Morality&quot;</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Should Deadly Self-Defense Be Tortious if Need for It Could Have Been Avoided "by Relinquishing the Exercise of [a] Right"?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/25/should-deadly-self-defense-be-tortious-if-need-for-it-could-have-been-avoided-by-relinquishing-the-exercise-of-a-right/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398641</id>
		<updated>2026-08-23T16:21:12Z</updated>
		<published>2026-08-25T12:01:16Z</published>
			<category scheme="https://reason.com/latest/" term="Guns" /><category scheme="https://reason.com/latest/" term="Self-Defense" />		<summary type="html"><![CDATA[The Restatements are influential works by the American Law Institute—an organization of lawyers, judges, and academics—that aimed to provide a&#8230;
The post Should Deadly Self-Defense Be Tortious if Need for It Could Have Been Avoided &#34;by Relinquishing the Exercise of [a] Right&#34;? appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/25/should-deadly-self-defense-be-tortious-if-need-for-it-could-have-been-avoided-by-relinquishing-the-exercise-of-a-right/">
			<![CDATA[<p>The Restatements are influential works by the American Law Institute—an organization of lawyers, judges, and academics—that aimed to provide a guide for future lawyers and judges (usually by summarizing the existing law, but sometimes by going beyond existing law). Many courts have indeed adopted the Restatement formulations in various areas.</p>
<p>Back in 1934, the first Restatement of Torts, set forth a limitation on the common-law privilege of self-defense against battery and similar lawsuits (emphasis added):</p>
<blockquote><p>The intentional infliction upon another of bodily harm by a means which is intended or likely to cause death or serious bodily harm is not privileged [as self-defense], if the actor reasonably believes that he can with complete safety avoid the necessity of so defending himself</p>
<p>(a) by retreating, if attacked in any place other than his dwelling place, or</p>
<p>(b) <strong>by relinquishing the exercise of any right or privilege other than his privilege to exclude intruders from his dwelling place or to prevent himself from being dispossessed thereof or to effect a lawful arrest</strong>.</p></blockquote>
<p>The 1965 Restatement (Second) of Torts continued this. But I'm pleased to say that, while the 2026 Restatement (Third) of Torts: Intentional Torts to Persons § 24 preserves a "duty to retreat" (which does fit with quite a few precedents), it rejects any "duty to relinquish":</p>
<blockquote><p><em>Comment i</em>. <em>No duty to relinquish other rights</em></p>
<p>Restatement Second of Torts § 65(3)(b) broadly stated that an actor lost the right to use deadly force in self-defense, not only when the actor could safely retreat, but also when the actor could safely avoid the need to use deadly force by "relinquishing the exercise of any right or privilege other than his privilege to prevent intrusions upon or dispossession of his dwelling place or to effect a lawful arrest." However, research has disclosed no cases that apply that "any right or privilege" provision, and the provision is unduly broad. Accordingly, this Restatement no longer includes the provision&hellip;.</p></blockquote>
<p><span id="more-8398641"></span></p>
<blockquote><p>[Reporter's Note to] <em>Comment i&hellip;. </em>The language from the Restatement Second of Torts, that an actor lost the right of self-defense when the actor could safely avoid the need to use deadly force by "relinquishing the exercise of any right or privilege &hellip;," is omitted in this Restatement because research has disclosed no relevant cases addressing those issues and because there are serious questions about the persuasiveness of those very broad provisions.</p>
<p>The provision would seemingly deny an actor the right to use deadly force to prevent an armed robbery, so long as the actor could safely hand over the actor's money instead of using force in self-defense. It would also require the actor to comply with other unjustified demands asserted by the aggressor rather than use defensive force. For example, if the aggressor threatens to use deadly force against the actor unless the actor avoids going to the aggressor's favorite bar, or unless the actor apologizes for seeing the aggressor's girlfriend, or unless the actor begs the aggressor for mercy, that approach would seem to require the actor to comply with the demand rather than use deadly force in self-defense.</p>
<p>That is a questionable result. Indeed, the Commentaries to the Model Penal Code criticize the Restatement's broad language, pointing out: "On its face, this formulation would require submission to an attempted robbery." Model Penal Code and Commentaries § 3.04(4)(d), at 58 (Am. L. Inst. 1985). See also Margaret Raymond, <em>Looking for Trouble: Framing and the Dignitary Interest in the Law of Self-Defense</em>, 71 Ohio St. L.J. 288, 322-323 (2010) ("Imagine that Mary is leaving her home to walk to the grocery store when Tyrant, the neighborhood bully, commands her, 'Don't leave your house. If you do, I'll kill you.' Under the MPC, Mary would be required to obey this direction and stay home if she wanted to retain the privilege of using lethal force in self-defense&hellip;."); Hava Dyan &amp; Emanuel Gross, <em>Between the Hammer and the Anvil: Battered Women Claiming Self-Defense and A Legislative Proposal to Amend Section 3.04(2)(b) of the U.S. Model Penal Code</em>, 52 Harv. J. Legis. 17, 30 &amp; n.77 (2015) (requiring person to submit to aggressor's negative demands that person refrain from range of actions "might create a horrible and permanent pattern of severe domestic violence, including offensive, strange, arbitrary, humiliating and depressing demands").</p>
<p>It might be argued, in favor of the Restatement Second's broad provision, that an actor should not use deadly force when the actor could readily avoid causing serious harm by forfeiting a much lesser interest (such as the interest in visiting a bar or in not making an insincere apology). But the weight of that supposedly lesser interest is a matter of dispute. See Raymond, supra (identifying what is at stake in retreat and other cases as important dignitary interests). Also, the broad approach arguably ignores the serious culpability of the aggressor who unjustly forced the defending party to make a difficult choice.</p>
<p>A small number of criminal statutes do include the problematically broad language about relinquishing any right or privilege. See Eugene Volokh, <em>The Right to Defy Criminal Demands</em>, 16 N.Y.U. J.L. &amp; Lib. 360, 392-402 (2022). But research has disclosed no tort-law decisions that apply that language. Two relevant criminal-law decisions exist but they provide ambiguous support. See id.</p>
<p>Other statutes and jury instructions take a position contrary to the Restatement Second's position that, in order to possess the right of self-defense, an actor has a duty to relinquish most rights. North Dakota's criminal statute recognizes a duty not to use deadly force "if it can be avoided, with safety to the actor and others, by retreat or other conduct involving minimal interference with the freedom of the individual menaced." Acceding to an aggressor's demand to hand over money or to remain in one's house is presumably more than a "minimal" interference. See Volokh, supra, at 397 n.119&hellip;.</p></blockquote>
<p>I was very glad to see this; the removal may have been prompted in part by an e-mail exchange that I had with the ALI people about this.</p>
<p>Readers might also be interested in the rationale for the preservation of the duty to retreat in the Third Restatement; that doctrine has of course been highly controversial in the criminal context, throughout U.S. history, with the no-duty-to-retreat side prevailing in most states (with <a href="https://reason.com/volokh/2021/04/20/3-4-of-states-are-now-stand-your-ground-only-12-are-duty-to-retreat/">only 12 states</a> preserving a duty to retreat, by my latest count). Here's what the Restatement says about this, in comment g and the accompanying Reporter's Note:</p>
<blockquote><p>The question whether an actor must retreat before using deadly force might be analyzed as just one aspect of the necessity requirement that is always a condition of the privilege to use such defensive force. Thus, a jury might simply be asked to consider the defendant's ability to safely retreat as part of its judgment whether the immediate use of force was reasonably necessary. That necessity-focused approach has much to commend it. However, courts and legislatures have typically not treated the question in that manner but have instead formulated specific per se rules addressing that particular alternative means of avoiding the use of deadly force.</p>
<p>Restatement of Torts § 65 and Restatement Second of Torts § 65 recognized a limited duty to retreat if the actor was using deadly force (but not if the actor was using lesser force). This Restatement continues to recognize a narrow duty when, but only when, the actor uses deadly force, for the same reasons enunciated in the prior Restatements.</p>
<p>First, it is desirable to avoid unnecessary violence, even when an actor is unjustifiably attacked by another. This desideratum is especially compelling when the actor is posing a risk of deadly harm. The rule requiring retreat in these narrow circumstances appropriately balances the relevant individual and social interests, including the interest in preserving the lives of both the aggressor and the actor and the interest of the actor in standing his or her ground. The rule also might have some tendency to reduce the incidence of avoidable deadly violence.</p>
<p>Second, an actor's duty to retreat before using deadly force should be defined narrowly, in light of what can fairly be expected of an actor who must quickly decide how to respond when under sudden attack and when faced with very serious risks of harm. The actor has a duty to retreat only if the actor can do so with complete safety. If the actor harbors any reasonable doubt on this question, the actor need not retreat. As explained in Restatement Second of Torts § 65, Comment <em>g</em>, the actor need not retreat if "he reasonably believes that there is any chance that retreat cannot be safely made. &hellip; [E]ven the slightest doubt, if reasonable, is enough to justify his standing his ground, and in determining whether his doubt is reasonable every allowance must be made for the predicament in which his assailant has placed him." Moreover, the actor ordinarily need not retreat from his dwelling. See Comment <em>h</em>.</p>
<p>Thus, an actor is not required to retreat when confronted with a loaded gun or any other weapon that poses some chance of causing harm to the actor if the actor chooses to depart or flee. In some circumstances, however, the actor does know or reasonably should know that a retreat is a perfectly safe option. In such a case, the duty to retreat is triggered.</p>
<blockquote><p>Illustrations:</p>
<p>[6.] Cole attacks Duardo, pushing Duardo to the ground, and pulling out a knife while standing above Duardo. Duardo believes that he can probably escape without harm by running away, but Duardo also reasonably believes that there is a small chance that he would be harmed in the effort to escape. Duardo is not required to retreat and may use deadly force against Cole.</p>
<p>[7.] Taxi driver Finnegan picks up Elliott, a highly intoxicated passenger, and brings Elliott to his requested address. Elliott gets out of the cab but then gets into an argument with Finnegan, pulls a knife, and approaches Finnegan, who is still in the cab with the motor running. Finnegan knows he can drive away with complete safety. Instead, Finnegan lowers the closed window and fires a shot at Elliott, seriously wounding Elliott. Because Finnegan has a duty to retreat, Finnegan's use of deadly force against Elliott is not privileged.</p></blockquote>
<p>In recent years, many states have revised their criminal statutes to eliminate an actor's duty to retreat even when the actor is using deadly force. Such so-called "stand your ground" laws now appear to be the majority rule with respect to criminal liability. Some states also explicitly provide that an actor's compliance with applicable criminal self-defense statutes immunizes the actor from tort liability. In a jurisdiction with both types of provisions, the "stand your ground" approach displaces the narrow duty to retreat recognized in this Section. However, in other jurisdictions, the question whether courts should recognize a narrow duty to retreat remains open.</p>
<p>Some reasons in support of such a duty are recited above. Moreover, a jurisdiction might plausibly recognize a circumscribed duty to retreat as a limit on a tort-law defense even if it declines to recognize such a duty as a limit on a criminal-law defense. There are especially strong reasons to hesitate before sanctioning with a criminal penalty (as opposed to a tort remedy) actors who fail to retreat, in light of the modest culpability of many such actors as well as the stigma and harsh consequences of a criminal conviction. Indeed, in deadly force cases, the criminal penalty for an actor's unjustified use of defensive force is often quite severe, because the actor's conduct might be categorized as murder or aggravated battery or assault.</p></blockquote>
<p>An important note about the imprecise phrase "duty to retreat," also from the Restatement:</p>
<blockquote><p>The terminology "duty to retreat" is potentially misleading. An actor with such a "duty" is not liable to an aggressor simply for not retreating. Rather, the "duty" operates as a limit on the scope of the actor's privilege of self-defense when the actor is using otherwise proportionate deadly force against an aggressor. One could similarly speak of a "duty" to use only necessary or proportionate defensive force or a "duty" not to use force in retaliation; in all those situations, the supposed duty is a limitation on a defense, not the independent basis of tort liability to another. However, because the "duty to retreat" terminology is widely accepted and need not lead to confusion, it is employed in this Restatement.</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/08/25/should-deadly-self-defense-be-tortious-if-need-for-it-could-have-been-avoided-by-relinquishing-the-exercise-of-a-right/">Should Deadly Self-Defense Be Tortious if Need for It Could Have Been Avoided &quot;by Relinquishing the Exercise of [a] Right&quot;?</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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						</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Today in Supreme Court History: August 25, 1998			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/25/today-in-supreme-court-history-august-25-1998-6/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8365860</id>
		<updated>2026-01-26T16:20:53Z</updated>
		<published>2026-08-25T11:00:33Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Today in Supreme Court History" />		<summary type="html"><![CDATA[8/25/1998: Justice Lewis Powell dies.
The post Today in Supreme Court History: August 25, 1998 appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/25/today-in-supreme-court-history-august-25-1998-6/">
			<![CDATA[<p>8/25/1998: <a href="https://conlaw.us/justices/lewis-f-powell/">Justice Lewis Powell</a> dies.</p> <figure id="attachment_8053392" aria-describedby="caption-attachment-8053392" style="width: 473px" class="wp-caption aligncenter"><img decoding="async" class="wp-image-8053392" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2020/03/1972-Powell-788x1024.jpg" alt="" width="473" height="615" srcset="https://reason.com/wp-content/uploads/2020/03/1972-Powell-788x1024.jpg 788w, https://reason.com/wp-content/uploads/2020/03/1972-Powell-231x300.jpg 231w, https://reason.com/wp-content/uploads/2020/03/1972-Powell-768x998.jpg 768w, https://reason.com/wp-content/uploads/2020/03/1972-Powell.jpg 1072w" sizes="(max-width: 473px) 100vw, 473px" /><figcaption id="caption-attachment-8053392" class="wp-caption-text">Justice Lewis Powell</figcaption></figure><p>The post <a href="https://reason.com/volokh/2026/08/25/today-in-supreme-court-history-august-25-1998-6/">Today in Supreme Court History: August 25, 1998</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Robby Soave</name>
							<uri>https://reason.com/people/robby-soave/</uri>
						<email>robby.soave@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Marjorie Taylor Greene on MAGA, Congress, and the Two-Party System			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/25/marjorie-taylor-greene-on-the-two-party-system/" />
		<id>https://reason.com/?p=8397624</id>
		<updated>2026-08-24T21:40:28Z</updated>
		<published>2026-08-25T10:00:46Z</published>
			<category scheme="https://reason.com/latest/" term="Conservatism" /><category scheme="https://reason.com/latest/" term="Democratic Party" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="MAGA" /><category scheme="https://reason.com/latest/" term="Reason Interviews" /><category scheme="https://reason.com/latest/" term="Republican Party" /><category scheme="https://reason.com/latest/" term="Trump Administration" /><category scheme="https://reason.com/latest/" term="Two-party system" />		<summary type="html"><![CDATA["I spent five years of my life the most pissed off I could ever be because I hated all of it," the former congresswoman tells Reason's Robby Soave.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/25/marjorie-taylor-greene-on-the-two-party-system/">
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										alt="Marjorie Taylor Greene | Photo: Gage Skidmore"
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		<p>Former Rep. Marjorie Taylor Greene (R–Ga.) joined <em>Free Media</em>'s <a href="https://reason.com/people/robby-soave/">Robby Soave</a> in June to discuss her friendship with Rep. Thomas Massie (R–Ky.), her break with Trump-era politics, and why she believes both major parties are failing ordinary Americans. Greene says she once thought President Donald Trump would help crash the system. Now she argues that the two-party system itself is the problem, and that Americans are not yet engaged enough to beat it.</p>
<p><strong>Q: Can you speak about your ideological evolution? You came to Washington as a fervent backer of Trump, MAGA, and MAHA. By the end of your time in Washington, you were ideologically and personally close with Massie, who was targeted by Trump for many of the same reasons you later became at odds with the administration. Massie has thought of himself as a libertarian or friendly to libertarianism. Have you felt more kinship with Massie, and with the ideology and the movement he's involved in?</strong></p>
<p>A: That's actually a misconception. My entire time in Congress, I was aligned with Thomas Massie, and our voting records are very similar. He was one of my best allies and best friends the entire time I served there. We worked together on many issues, and that was before Trump was elected in 2024. I stood in both camps, I would say.</p>
<p><iframe loading="lazy" title="Marjorie Taylor Greene: "I Believed in Crashing the System"" width="500" height="281" src="https://www.youtube.com/embed/j-uhbyUXL-M?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<p>I never was a big Republican Party person. I never was elected before I won in 2020 for Congress, and I never even went to my county GOP meetings. I didn't know anybody. I was angry at Republicans when I ran for Congress, and I attacked them constantly. I didn't align with Democrats at all, so I attacked them as well. I was very naive to the entire political process, because I had no experience in it. But I was angry, completely angry at the government, totally outraged by the government. When I became a member of Congress, I spent five years of my life the most pissed off I could ever be because I hated all of it. I hated every bit of it.</p>
<p>I was very much fooled, like many. I was also a rallygoer—a Trump rallygoer. I believed his speeches. I believed his words when he talked about no more foreign wars and draining the swamp and "lock her up" and we're going to hold them accountable. He said, "I am your retribution." I believed all of that because I believed in crashing the system. I thought that Trump would be the vehicle to do it, and boy, was I wrong. I spent five years in Washington trying every way possible to find success in stopping everything that I felt was ruining America. But it's virtually unstoppable.</p>
<p><strong>Q: The two-party system is brutal. You're frustrated, and I'm frustrated, that the Trump administration is not prioritizing some of the things it ran on. It is not trying to make it easier to start a business or build a house or prosper in America, and it is very focused on foreign conflicts. But if you withdraw support from the Republican Party, it helps the other party, and they're going down a socialist direction. Or even someone like <a href="https://www.gov.ca.gov/">California Gov. Gavin Newsom</a> and his backers, who want to confiscate the wealth of our most productive tech entrepreneurs—the people who are trying to make my life easier, who are trying to grow the economy that way. They're going to embrace ideas that shut all of that down. You just have bad choices no matter what you do.</strong></p>
<p>A: That's right. It's government overreach on both sides and in all different directions. There are no choices anymore. The Republican and Democrat two-party system is the political-industrial complex. Right now, as it stands, you can't beat it. I tried to beat it. I got in it and thought, "Hey, hold them accountable." I wanted to hold Republicans accountable for what they promised on the campaign trail, and I wanted to defeat Democrats on the threats that I thought they were threatening against us as well. But no, as it stands right now, it is such a strong system.</p>
<p>Let me take it back. It's beatable. It just requires the American people fully getting engaged. And the American people just aren't fully engaged.</p>
<p><em>This interview has been condensed and edited for style and clarity.</em></p>
<p>The post <a href="https://reason.com/2026/08/25/marjorie-taylor-greene-on-the-two-party-system/">Marjorie Taylor Greene on MAGA, Congress, and the Two-Party System</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Photo: Gage Skidmore]]></media:credit>
		<media:description type="html"><![CDATA[Marjorie Taylor Greene]]></media:description>
		<media:title><![CDATA[topicsQA]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Charles Oliver</name>
							<uri>https://reason.com/people/charles-oliver/</uri>
					</author>
					<title type="html"><![CDATA[
				Brickbat: King Bee			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/25/brickbat-king-bee/" />
		<id>https://reason.com/?p=8398732</id>
		<updated>2026-08-25T03:06:56Z</updated>
		<published>2026-08-25T08:00:56Z</published>
			<category scheme="https://reason.com/latest/" term="State Governments" /><category scheme="https://reason.com/latest/" term="Bees" /><category scheme="https://reason.com/latest/" term="Brickbats" /><category scheme="https://reason.com/latest/" term="Courts" /><category scheme="https://reason.com/latest/" term="Regulation" /><category scheme="https://reason.com/latest/" term="West Virginia" />		<summary type="html"><![CDATA[The West Virginia Supreme Court of Appeals is being asked to decide whether South Charleston can ban beekeeping within city limits.&#8230;
The post Brickbat: King Bee appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/25/brickbat-king-bee/">
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					width="1200"
					height="675"
										alt="A gavel slams down toward a bee | Illustration: Fatima Ruiz/Midjourne"
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		<p>The West Virginia Supreme Court of Appeals is being <a href="https://www.wsaz.com/2026/08/14/buzz-over-bees-why-one-wva-beekeeper-is-fighting-keep-his-hives/">asked to decide</a> whether South Charleston can ban beekeeping within city limits. The legal fight began when Alex Urban sought permission to keep bees on his property. South Charleston rejected his request and later adopted a complete ban, arguing that the city has authority to regulate animals and that beehives can create problems in densely populated neighborhoods. A Kanawha County judge ruled in 2025 that the city had exceeded its authority because state law gives the West Virginia Department of Agriculture power over beekeeping and does not define bees as animals for purposes of municipal regulation. However, the Intermediate Court of Appeals later reversed that decision, ruling that bees are animals under the ordinary meaning of the word and that state law does not prevent cities from regulating beekeeping.</p>
<p>The post <a href="https://reason.com/2026/08/25/brickbat-king-bee/">Brickbat: King Bee</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Fatima Ruiz/Midjourne]]></media:credit>
		<media:description type="html"><![CDATA[A gavel slams down toward a bee]]></media:description>
		<media:title><![CDATA[RegulatedBees v2]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/RegulatedBees-v2-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Open Thread			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/25/open-thread-307/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398676</id>
		<updated>2026-08-25T07:00:00Z</updated>
		<published>2026-08-25T07:00:00Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[What’s on your mind?]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/25/open-thread-307/">
			<![CDATA[<p>The post <a href="https://reason.com/volokh/2026/08/25/open-thread-307/">Open Thread</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				How Long Did Justice Jackson's "Kafkaesque Nightmare" Dissent Hold Up Trump v. California?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/24/how-long-did-justice-jacksons-kafkaesque-nightmare-dissent-hold-up-trump-v-california/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398782</id>
		<updated>2026-08-25T02:01:08Z</updated>
		<published>2026-08-25T02:01:08Z</published>
					<summary type="html"><![CDATA[In a future writing, I propose a mechanism whereby six Justices can force the release of any pending case.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/24/how-long-did-justice-jacksons-kafkaesque-nightmare-dissent-hold-up-trump-v-california/">
			<![CDATA[<p>On July 27, 2026, the Solicitor General submitted an <a href="https://www.supremecourt.gov/DocketPDF/26/26A124/417370/20260727144320600_Trump%20v.%20California%20Application%20and%20Appendix.pdf">emergency application</a> in <a href="https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/26a124.html"><em>Trump v. California</em></a>. This case concerns proposed regulations for mail-in ballots. The government filed its reply brief on August 12. After a flurry of litigation in the lower court, and new action by the government, the Supreme Court finally <a href="https://www.supremecourt.gov/opinions/25pdf/26a124_hgci.pdf">decided</a> the case on August 24. This emergency case took nearly a month.</p>
<p>The majority opinion, at a brisk ten pages, finds the District Court lacked jurisdiction because the case was not yet ripe. Moreover, any alleged injuries were speculative under <em>Clapper</em>. The per curiam opinion reads a lot of Justice Kavanaugh's voice. I do like the word "concretize." Justice Kavanuagh has taken the lead in writing some of the Court's more significant jurisdictional cases. One would think that a former federal courts professor in the majority would get these cases, but apparently not.</p>
<p>Justice Sotomayor's pithy dissent covers all the bases in only four pages.</p>
<p>Then there is Justice Jackson. She wrote a solo twenty-page dissent that discusses the merits of the case, even though the majority only addressed the jurisdictional issues. She also warns that the Court's precedents are creating a "Kafkaesque nightmare." The only nightmare here is the fact that the Court let KBJ take nearly a month from the date of the application to write this dissent.</p>
<p>It seems that all of the Justices were ready to go shortly after the briefing concluded. But Jackson dragged out the process so long that the posture in the lower court changed. Some critics have faulted the Court for not addressing the recent developments. But how could they? Any change by the majority might trigger another two week delay from Justice Jackson.</p>
<p>Justice Jackson has proven that she sees no need for urgency when the Trump Administration submits an emergency application, especially when the case comes from the First Circuit. She <a href="https://reason.com/volokh/2025/05/01/how-quickly-should-a-justice-call-for-a-response-on-the-emergency-docket/">slow-walked the petition</a> in <em>Libby v.</em> <em>Fectau</em>. My nickname, <a href="https://reason.com/volokh/2026/05/05/the-laborious-kbj/">the Laborious KBJ</a>, still fits.</p>
<p>I will give you a preview of a future installment from my SCOTUSBlog series on Court Reform. I call it the "Release-6."</p>
<blockquote><p><span style="font-weight: 400">For any matter, six Justices can force the release of an opinion immediately. This rule would apply on both the merits and emergency dockets. The majority opinion could be published right away, with a notation that a dissent is forthcoming. A super-majority of the Court can bring a pending matter to an immediate conclusion. If a Justice wishes, he or she can publish the dissent at a later date, but the business of the Court will move forward.</span></p>
<p><span style="font-weight: 400">There are some emergency matters where an immediate resolution is essential for the government or the private parties. It may also not be viable to keep an administrative stay in effect for an extended period of time. With the Release-6, six members of the Court can issue their judgment, and the dissent can come later, or not at all.</span></p></blockquote>
<p><em>Trump v. California</em> was a prime case. There were six clear votes to grant a stay, and a single dissenter held the matter up for weeks. Release-6. The Supreme Court forced out a ruling in <em>A.A.R.P. v. Trump </em>before Justices Alito and Thomas could write their dissent. <em>Cooper v. Aaron</em> was decided before Justice Frankfurter could finish his concurrence. In an emergency case, the Court can act before the separate writings are ready. Justice Jackson should receive the same treatment.</p>
<p>The post <a href="https://reason.com/volokh/2026/08/24/how-long-did-justice-jacksons-kafkaesque-nightmare-dissent-hold-up-trump-v-california/">How Long Did Justice Jackson&#039;s &quot;Kafkaesque Nightmare&quot; Dissent Hold Up &lt;i&gt;Trump v. California&lt;/i&gt;?</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				No Preliminary Injunction Against Applying Birth Sex Policy to Intersex Plaintiff's Global Entry Card &#8230;			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/24/no-preliminary-injunction-against-applying-birth-sex-policy-to-intersex-plaintiffs-global-entry-card/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398780</id>
		<updated>2026-08-24T23:20:55Z</updated>
		<published>2026-08-24T23:20:55Z</published>
			<category scheme="https://reason.com/latest/" term="Law &amp; Government" /><category scheme="https://reason.com/latest/" term="Trans" />		<summary type="html"><![CDATA[when plaintiff has passport that won't expire until 2032.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/24/no-preliminary-injunction-against-applying-birth-sex-policy-to-intersex-plaintiffs-global-entry-card/">
			<![CDATA[<p>From today's decision by Judge Loren AliKhan (D.D.C.) in <em><a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.284503/gov.uscourts.dcd.284503.80.0.pdf">Jansen v. Trump</a></em>:</p>
<blockquote><p>On the first day of his second term, President Donald J. Trump issued an Executive Order declaring it "the policy of the United States to recognize two sexes, male and female," which "are not changeable." The Executive Order requires that government-issued identification documents, including passports and Global Entry cards, "accurately reflect the holder's sex" based on the individual's reproductive system "at conception." Pursuant to the Executive Order, the U.S. Department of State and U.S. Customs and Border Protection ("CBP"), a component of the U.S. Department of Homeland Security ("DHS"), now require that sex markers on passports and Global Entry cards reflect an individual's sex assigned at birth.</p>
<p>Ms. Jansen is an intersex, post-operative transgender woman in her fifties. She was born with sex chromosome mosaicism, an intersex condition where each of her cells has a different combination of sex chromosomes, such as XX, XY, and XXXY.  When Ms. Jansen was born, her sex was assigned as male on her birth certificate even though she was born with underdeveloped external male reproductive organs and testes that do not produce sperm.</p>
<p>Ms. Jansen learned that she had mosaicism as a teenager, after which she "began living all aspects of her life as a woman."  In the 1990s, Ms. Jansen successfully petitioned to change the sex on her birth certificate and in her Social Security records to female.  Her state of residence also changed the sex designation on her driver's license from male to female "in the belief that the male designation was a clerical error." Also in the 1990s, Ms. Jansen underwent surgery in the United Kingdom to align her physical anatomy with her female sex. She has been on hormone therapy since around that time. Ms. Jansen has lived as a woman for over thirty years, and while people close to her are aware that she is intersex and transgender, "people in her community are not." &hellip;</p></blockquote>
<p><span id="more-8398780"></span></p>
<blockquote><p>The court concludes that Ms. Jansen has not carried her burden of showing irreparable harm in the absence of preliminary relief, which is sufficient to deny her motion for a preliminary injunction&hellip;. [T]he parties agree that Ms. Jansen currently possesses a valid passport that bears a sex marker consistent with her lived sex, which does not expire until 2032. Because the State Department's policy provides that all passports will remain valid until their expiration date, Ms. Jansen is not at an imminent risk of experiencing the harms stemming from carrying a passport with a male sex marker&hellip;.</p>
<p>In contrast, Ms. Jansen's Global Entry card is currently eligible for renewal and will expire in November 2026. Ms. Jansen alleges that she has not sought renewal out of fear that she will be required to have a male sex designation on her new card&hellip;. Ms. Jansen does not dispute that her Global Entry card is a "benefit" and that "she need only carry the card for certain participation purposes," but she argues that the government's discriminatory denial of this benefit "puts [her] to a Hobson's choice: suffer the indignity of losing access to this benefit because she refused to be labeled as something she is not, or the indignity of being outed and branded as male."</p>
<p>While the court agrees with Ms. Jansen that the government "cannot deny a benefit on a discriminatory basis," Ms. Jansen has not shown that she is likely to face <em>imminent </em>and <em>irreparable </em>harm from no longer using her Global Entry card. As an initial matter, a Global Entry card is not required to enter the United States; instead, membership in the program allows for expedited processing at airports, land borders, and seaports. Ms. Jansen has not alleged that she has any plans to travel internationally. And even if Ms. Jansen had alleged such plans, all she would lose is the ability to receive expedited processing. That alleged injury does not meet the high standard for irreparable injury&hellip;.</p>
<p>{[B]ecause [the court] concludes that Ms. Jansen has failed to show irreparable harm warranting relief, it need not consider the remaining factors for a preliminary injunction—in particular, Ms. Jansen's likelihood of success on the merits. The court believes this approach to be prudent because, in addressing the likelihood of success on the merits in their briefs and at the hearing, the parties vigorously debated the application of the Supreme Court's order staying a class-wide preliminary injunction of the Passport Policy in <em>Trump v. </em><em>Orr </em>(2025).</p>
<p>In <em>Orr</em>, the Supreme Court concluded that—on the limited record before it—the plaintiffs, who were transgender, were unlikely to succeed on the merits of their claims that displaying their sex at birth on their passports violated "equal protection principles" or was arbitrary and capricious, and that the government would "'suffer[] a form of irreparable injury' absent a stay." The Supreme Court has explained that its "interim orders are not conclusive as to the merits" but instead should "inform how a court should exercise equitable discretion in like cases."</p>
<p>Ms. Jansen argues that <em>Orr </em>is distinguishable because it does not involve intersex plaintiffs like herself. The court is somewhat skeptical that Ms. Jansen's intersex identity sufficiently distinguishes her suit from <em>Orr </em>to escape the Supreme Court's conclusion that "[d]isplaying passport holders' sex at birth &hellip; merely attest[s] to a historical fact without subjecting anyone to differential treatment." Like the plaintiffs in <em>Orr</em>, Ms. Jansen wishes to maintain identification documents bearing a female sex marker consistent with her lived sex and appearance; she does not argue that her identification documents should bear a third sex marker for non-binary and intersex people (like "X" under the former State Department policy). Ms. Jansen thus appears to challenge the same policy addressed in <em>Orr </em>of requiring sex markers to correspond with one's sex assigned at birth. But the court need not resolve this issue at this preliminary stage of the litigation.}</p></blockquote>
<p>Johnny Hillary Walker, III represents the government.</p>
<p>The post <a href="https://reason.com/volokh/2026/08/24/no-preliminary-injunction-against-applying-birth-sex-policy-to-intersex-plaintiffs-global-entry-card/">No Preliminary Injunction Against Applying Birth Sex Policy to Intersex Plaintiff&#039;s Global Entry Card &hellip;</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Peter Suderman</name>
							<uri>https://reason.com/people/peter-suderman/</uri>
						<email>peter.suderman@reason.com</email>
					</author>
					<author>
			<name>Katherine Mangu-Ward</name>
							<uri>https://reason.com/people/katherine-mangu-ward/</uri>
						<email>kmw@reason.com</email>
					</author>
					<author>
			<name>Nick Gillespie</name>
							<uri>https://reason.com/people/nick-gillespie/</uri>
						<email>gillespie@reason.com</email>
					</author>
					<author>
			<name>Robby Soave</name>
							<uri>https://reason.com/people/robby-soave/</uri>
						<email>robby.soave@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				How Did America Get $40 Trillion in Debt?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/podcast/2026/08/24/how-did-america-get-40-trillion-in-debt/" />
		<id>https://reason.com/?post_type=podcast&#038;p=8398731</id>
		<updated>2026-08-24T22:57:34Z</updated>
		<published>2026-08-24T22:44:11Z</published>
			<category scheme="https://reason.com/latest/" term="National Debt" /><category scheme="https://reason.com/latest/" term="Social Media" /><category scheme="https://reason.com/latest/" term="Tariffs" /><category scheme="https://reason.com/latest/" term="Canada" /><category scheme="https://reason.com/latest/" term="Data Centers" /><category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Free Trade" /><category scheme="https://reason.com/latest/" term="Government Spending" /><category scheme="https://reason.com/latest/" term="Plagiarism" />		<summary type="html"><![CDATA[Plus: Trump's trade war with Canada, the growing backlash against data centers, and calls to censor journalists in Britain]]></summary>
					<content type="html" xml:base="https://reason.com/podcast/2026/08/24/how-did-america-get-40-trillion-in-debt/">
			<![CDATA[<p>This week, editors <a href="https://reason.com/people/peter-suderman/">Peter Suderman</a>, <a href="https://reason.com/people/katherine-mangu-ward/">Katherine Mangu-Ward</a>, and <a href="https://reason.com/people/nick-gillespie/">Nick Gillespie</a> are joined by <em>Reason</em> Senior Editor <a href="https://reason.com/people/robby-soave/">Robby Soave</a> to discuss the national debt hitting $40 trillion and whether decades of fiscal irresponsibility are finally beginning to have consequences. They examine how the debt doubled in less than a decade, why federal spending continues to outpace revenue, and whether turmoil in the bond market could force politicians to take deficits seriously. They also consider why both parties abandoned the fiscal restraint that helped produce balanced budgets in the 1990s and what it would take to reverse course.</p>
<p>The editors also discuss President Donald Trump's escalating trade war with Canada and his administration's refusal to return tariff revenue collected illegally, the growing bipartisan backlash against AI data centers, and whether economic growth can realistically help America escape its debt problem. They examine the government's case against Meta and the latest effort to blame social media for harms to children, then turn to calls for restrictions on journalists following the death of Cambridge professor Jason Arday. Finally, a listener asks whether AI could shrink the federal workforce and dramatically reduce the cost of government.</p>
<p>&nbsp;</p>
<p>0:00—National debt hits $40 trillion</p>
<p>15:26—Canadian trade war intensifies</p>
<p>26:37—Backlash to data centers</p>
<p>41:52—Listener question on AI and the federal workforce</p>
<p>53:27—Jason Arday and speech regulations</p>
<p>1:03:08—Weekly cultural recommendations</p>
<p>&nbsp;</p>
<h2>Upcoming <em>Reason </em>Events</h2>
<p><a href="https://reason.org/event/trr-live-nyc-10yr/">The<i> Reason Roundtable's </i>10th Anniversary—Live in NYC!</a> October 7</p>
<p>&nbsp;</p>
<h2>Mentioned in the podcast:</h2>
<p>"<a href="https://reason.com/2026/08/20/40-trillion-and-parents-night-out/">$40 Trillion and Parents' Night Out</a>," by Liz Wolfe</p>
<p>"<a href="https://reason.com/video/2017/09/25/why-we-need-less-debt/">Why We Need To Shrink the National Debt, and Fast</a>!" by Nick Gillespie</p>
<p>Nick Gillespie on X: "<a href="https://x.com/nickgillespie/status/2091908647185998104">For those of us concerned about national debt, here is federal spending and revenue expressed as pct. of GDP and per capita in 2017 dollars. We are spending too much, not taxing too little.</a>"</p>
<p>"<a href="https://usafacts.org/answers/how-many-civilian-jobs-are-in-the-us-federal-government/country/united-states/">How many civilian jobs are in the US federal government</a><a href="https://usafacts.org/answers/how-many-civilian-jobs-are-in-the-us-federal-government/country/united-states/">?</a>" by USA Facts</p>
<p>"<a href="https://reason.com/volokh/2026/08/23/trump-imposes-harmful-and-illegal-section-338-tariffs-against-many-canadian-imports/">Trump Imposes Harmful and Illegal Section 338 Tariffs Against Many Canadian Imports</a>," by Ilya Somin</p>
<p>"<a href="https://reason.com/2026/08/20/bad-reasons-and-worse-reasons-to-hate-data-centers/">Bad Reasons and Worse Reasons to Hate Data Centers</a>," by Robby Soave</p>
<p>"<a href="https://reason.com/2026/08/21/an-ungrateful-public-underappreciates-data-centers/">Data Centers Are Doing Your Dirty Work for You</a>," by Christian Britschgi</p>
<p>"<a href="https://www.instagram.com/reel/DcUSu65yQP_/?igsi=MTlhNHY5eHNuaHNieA%3D%3D">Sen. Ed Markey doesn't know what AI he is using</a>," by Taylor Lorenz</p>
<p>"<a href="https://reason.com/2026/08/20/censors-seize-on-jason-ardays-death-as-excuse-to-demand-more-censorship/">Censors Seize on Jason Arday's Death as Excuse To Demand More Censorship</a>," by Reem Ibrahim</p>
<p>"<em><a href="https://reason.com/2026/08/21/tony-is-an-anthony-bourdain-origin-story/">Tony </a></em><a href="https://reason.com/2026/08/21/tony-is-an-anthony-bourdain-origin-story/">Is an Anthony Bourdain Origin Story</a>," by Peter Suderman</p>
<p>"<a href="https://reason.com/video/2018/06/28/anthony-bourdain-suicide-no-reservation/">Travel Shows Were Boring as Fuck. Then Came Anthony Bourdain</a>," by Todd Krainin</p>
<p>The post <a href="https://reason.com/podcast/2026/08/24/how-did-america-get-40-trillion-in-debt/">How Did America Get $40 Trillion in Debt?</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
					<link href="https://reasontv-video.s3.amazonaws.com/reasontv_audio_8398731.mp3" rel="enclosure" length="117549839" type="audio/mpeg" />
		<media:credit><![CDATA[Illustration: Adani Samat]]></media:credit>
		<media:description type="html"><![CDATA[Robby Soave appears on the left. Nick Gillespie appears on the right. In the center box, from left to right are images of Presidents George W. Bush, Barack Obama, and Donald Trump. Bold text across the bottom of the screen reads "WE DID IT, AMERICA!"]]></media:description>
		<media:title><![CDATA[Roundtable-8-24-A]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/Roundtable-8-24-A-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Matthew Petti</name>
							<uri>https://reason.com/people/matthew-petti/</uri>
					</author>
					<title type="html"><![CDATA[
				This YouTuber Got Kicked Out of the Flock Convention. So He Ran His Own Surveillance.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/24/this-youtuber-got-kicked-out-of-the-flock-convention-so-he-ran-his-own-surveillance/" />
		<id>https://reason.com/?p=8398753</id>
		<updated>2026-08-24T21:08:03Z</updated>
		<published>2026-08-24T21:08:03Z</published>
			<category scheme="https://reason.com/latest/" term="Police" /><category scheme="https://reason.com/latest/" term="Privacy" /><category scheme="https://reason.com/latest/" term="Surveillance" /><category scheme="https://reason.com/latest/" term="Fourth Amendment" /><category scheme="https://reason.com/latest/" term="Invasion of Privacy" />		<summary type="html"><![CDATA[Benn Jordan wants the snoopers to be “a little unsettled.”]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/24/this-youtuber-got-kicked-out-of-the-flock-convention-so-he-ran-his-own-surveillance/">
			<![CDATA[		<div class="img-wrap">
			<picture style="max-width: 100%; height: auto">
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		<p><span style="font-weight: 400;">The surveillance contractor Flock Safety </span><a href="https://www.flocksafety.com/blog/automated-license-plate-readers-and-the-fourth-amendment-a-public-safety-by-design-perspective-from-flock"><span style="font-weight: 400;">argues</span></a><span style="font-weight: 400;"> that police customers don't need a warrant to track drivers with its automated license plate reading cameras because drivers have "no reasonable expectation of privacy" on public roads. So YouTube host Benn Jordan applied the same logic back on Flock. He sat outside Flock's recent </span><a href="https://www.flocksafety.com/flock-forward"><span style="font-weight: 400;">police convention</span></a><span style="font-weight: 400;"> in Atlanta with radio equipment and a drone, which he used to unmask attendees and even listen to microphones inside the convention hall.</span></p>
<p><span style="font-weight: 400;">"Flock values their privacy. Oh well," Jordan </span><a href="https://www.youtube.com/shorts/GQoQkeMdvQM"><span style="font-weight: 400;">wrote</span></a><span style="font-weight: 400;"> in the title of his video on the convention.</span></p>
<p><span style="font-weight: 400;">His plans didn't quite start out that way. Jordan, an early and outspoken critic of Flock, wanted to visit the convention to see what the relationship between police and the company was like after a </span><a href="https://reason.com/2026/07/24/georgia-cops-keep-getting-arrested-for-misusing-flock-surveillance-data/"><span style="font-weight: 400;">string of cases</span></a><span style="font-weight: 400;"> in Georgia involving police misusing Flock products, he tells </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;">. After downloading the conference app, he looked inside the source code and found that it revealed the entire guest list. Jordan alerted Flock to the data breach.</span></p>
<p><span style="font-weight: 400;">Once the company caught wind that Jordan was coming, it canceled his tickets. But the attempts to keep Jordan out went further than that. An employee from Flock called the hotel to cancel Jordan's room reservation, which he had booked himself, according to a video Jordan <a href="https://www.youtube.com/shorts/GQoQkeMdvQM">posted</a> of a call with the hotel. </span><span style="font-weight: 400;">(Flock did not respond to </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;">'s request for comment.) Jordan even found out that all of the rest of the rooms and even the parking lots surrounding the hotel had been booked.</span></p>
<p><span style="font-weight: 400;">Still, he was able to find a public parking spot within view of the hotel, where he parked a van with dozens of WiFi adapters, a parabolic dish antenna, and a dipole array. This equipment picked up the signal from the convention hall's wireless microphones, allowing Jordan to hear attendees' conversations. "Everything was on public channels," he says. Then he used a drone to photograph attendees walking out and used facial recognition to figure out their identities.</span></p>
<p><iframe loading="lazy" title="Flock values their privacy. Oh well." width="422" height="750" src="https://www.youtube.com/embed/GQoQkeMdvQM?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<p><span style="font-weight: 400;">Ironically, government regulations helped Jordan with his surveillance, because the Federal Communications Commission limits wireless microphones to broadcast on very specific frequencies.</span></p>
<p><span style="font-weight: 400;">Although it's within a private company's right to choose who can and can't come to its conference—and Jordan acknowledges that keeping outsiders away from the hotel can be a reasonable security measure—many of the attendees were police officials, presumably attending on the taxpayer dime. More fundamentally, it's an issue of different rights for different people. While Flock and its police customers are happy to erode the expectation of privacy in everyday life, they carve out ultra-private spaces for themselves.</span></p>
<p><span style="font-weight: 400;">Indeed, Jordan is careful not to reveal anything he picked up from his radio surveillance, telling </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;"> that the point was simply to show that it </span><i><span style="font-weight: 400;">could</span></i><span style="font-weight: 400;"> be done. "Public officials should know that you can't go to a private thing where journalists aren't allowed and not expect anybody to fly a drone from public view. You should be a little unsettled about going to something like that," Jordan adds. He says that he's ultimately happy that his stunt drew attention to the lack of transparency.</span></p>
<p><span style="font-weight: 400;">Although automatic license plate readers have been </span><a href="https://reason.com/volokh/2020/04/22/automated-license-plate-readers-the-mosaic-theory-and-the-fourth-amendment/"><span style="font-weight: 400;">raising privacy concerns</span></a><span style="font-weight: 400;"> for years, the growth of Flock is </span><a href="https://reason.com/2025/08/14/warrantless-use-of-license-plate-reader-cameras-is-unconstitutional/"><span style="font-weight: 400;">particularly alarming</span></a><span style="font-weight: 400;"> because the company plugs police departments around the country into a central database that isn't subject to court orders or the Fourth Amendment to the Constitution. And the lack of oversight isn't just theoretical. Police officers have been caught using Flock data to </span><a href="https://reason.com/2026/07/10/florida-police-officer-used-mass-surveillance-network-to-stalk-romantic-interest/"><span style="font-weight: 400;">stalk romantic interests</span></a><span style="font-weight: 400;">. One woman </span><a href="https://reason.com/2026/08/13/flock-cameras-and-license-plate-readers-are-everywhere-can-we-trust-cops-with-them/"><span style="font-weight: 400;">spent two weeks</span></a><span style="font-weight: 400;"> in jail, and another was </span><a href="https://reason.com/2026/08/24/brickbat-what-the-flock/"><span style="font-weight: 400;">detained at gunpoint</span></a><span style="font-weight: 400;"> because of mistaken identifications from Flock cameras.</span></p>
<p><span style="font-weight: 400;">The American public is becoming increasingly hostile to these cameras. At least 56 cities and towns have </span><a href="https://www.theguardian.com/us-news/2026/aug/20/flock-cameras-surveillance"><span style="font-weight: 400;">ended</span></a><span style="font-weight: 400;"> their Flock contracts in 2026 over privacy concerns. Ring, a doorbell camera company owned by Amazon, also </span><a href="https://reason.com/2026/02/13/ring-drops-controversial-partner-after-super-bowl-ad-backlash/"><span style="font-weight: 400;">canceled</span></a><span style="font-weight: 400;"> its planned partnership with Flock over public backlash. More alarmingly, citizens have started </span><a href="https://www.nbcnews.com/tech/security/flock-safety-vandals-say-companys-privacy-changes-arent-enough-rcna260463"><span style="font-weight: 400;">vandalizing the cameras</span></a><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;">Jordan, whose YouTube channel covers eclectic science topics from </span><a href="https://youtu.be/Gvg242U2YfQ"><span style="font-weight: 400;">animal hearing</span></a><span style="font-weight: 400;"> to </span><a href="https://youtu.be/wfu6wGAp83o"><span style="font-weight: 400;">modern train synthesizers</span></a><span style="font-weight: 400;">, accidentally found himself at the forefront of the movement against Flock. He saw mysterious new cameras in his neighborhood early last year, followed his instincts to reverse engineer everything, and found </span><a href="https://youtu.be/uB0gr7Fh6lY"><span style="font-weight: 400;">security vulnerabilities</span></a><span style="font-weight: 400;"> allowing anyone to access Flock footage without a password.</span></p>
<p><span style="font-weight: 400;">In response to Jordan's video, Flock CEO Garrett Langley sent officials around the country a </span><a href="https://www.ci.staunton.va.us/home/showpublisheddocument/13448/639017375545800000"><span style="font-weight: 400;">letter</span></a><span style="font-weight: 400;"> in December 2025 claiming that "Flock has never been hacked" and is "under coordinated attack&hellip;from the same activist groups who want to defund the police, weaken public safety, and normalize lawlessness." The city of Staunton, Virginia, </span><a href="https://www.whsv.com/2025/12/22/city-staunton-end-relationship-with-flock-safety-remove-license-plate-readers/?outputType=amp"><span style="font-weight: 400;">published the letter</span></a><span style="font-weight: 400;"> in its announcement that it was ending its relationship with Flock.</span></p>
<p><span style="font-weight: 400;">Although he hasn't gotten any response for his surveillance of the Flock conference, Jordan tells </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;"> that he's had police show up outside his house "and just blast their siren" in the past. He claims he also spotted a private investigator (who is unlicensed and a convicted felon) hanging around his house, but couldn't figure out who hired them.</span></p>
<p><span style="font-weight: 400;">Despite the unwanted attention, Jordan has continued speaking to city councils and police departments around the country. While he says that he would prefer no license plate tracking to begin with, he has been </span><a href="https://www.instagram.com/reel/DcA5ssTRVSq/"><span style="font-weight: 400;">pitching</span></a><span style="font-weight: 400;"> a solution to cities that are going to do it anyway: locally owned cameras feeding into locally owned databases that police need a warrant from a judge to access.</span></p>
<p><span style="font-weight: 400;">"I want there to be an end to this investigation&hellip;I generally never make a video about the same thing twice," Jordan tells </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;">. "But unfortunately, I have cameras everywhere all around my neighborhood, so I can't not think about it."</span></p>
<p>The post <a href="https://reason.com/2026/08/24/this-youtuber-got-kicked-out-of-the-flock-convention-so-he-ran-his-own-surveillance/">This YouTuber Got Kicked Out of the Flock Convention. So He Ran His Own Surveillance.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
							<media:credit><![CDATA[Benn Jordan/Youtube]]></media:credit>
		<media:description type="html"><![CDATA[Benn Jordan on the left with an orange background, the Flock conference logo on the right, the words "closed to the media" highlighted in yellow in the bottom left]]></media:description>
		<media:title><![CDATA[Benn Jordan Banned]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Joe Lancaster</name>
							<uri>https://reason.com/people/joe-lancaster/</uri>
						<email>joe.lancaster@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Trump Threatens U.S. Relationship With Canada as Trade Talks Collapse			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/24/trump-threatens-u-s-relationship-with-canada-as-trade-talks-collapse/" />
		<id>https://reason.com/?p=8398698</id>
		<updated>2026-08-24T19:23:34Z</updated>
		<published>2026-08-24T19:25:43Z</published>
			<category scheme="https://reason.com/latest/" term="Diplomacy" /><category scheme="https://reason.com/latest/" term="International Economics" /><category scheme="https://reason.com/latest/" term="Tariffs" /><category scheme="https://reason.com/latest/" term="Canada" /><category scheme="https://reason.com/latest/" term="Donald Trump" /><category scheme="https://reason.com/latest/" term="Free Trade" /><category scheme="https://reason.com/latest/" term="Negotiations" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[Canada is one of our largest trading partners. The president imposed 50 percent tariffs on cars, wigs, and hockey sticks.]]></summary>
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		<p>Over the weekend, President Donald Trump's latest round of tariffs against Canada went into effect as talks between the two countries <a href="https://www.wsj.com/economy/trade/canada-announces-new-post-labor-day-tariffs-ef1de8e1">collapsed</a> after weeks of negotiations.</p>
<p>As always, Trump's protectionism is shortsighted and self-defeating. This particular round risks alienating one of our closest allies and trading partners with little to show for it in return.</p>
<p>Last month, Trump <a href="https://www.whitehouse.gov/fact-sheets/2026/07/fact-sheet-president-donald-j-trump-imposes-additional-tariffs-on-canada/">announced</a> 50 percent tariffs on a number of Canadian goods, some of which were already subject to tariffs.</p>
<p>The order was only <a href="https://www.csis.org/analysis/understanding-president-trumps-new-tariffs-canadian-imports">expected</a> to affect about $20 billion in total goods, totaling just under 5 percent of all U.S. imports from Canada. But it targeted a confusing <a href="https://www.nytimes.com/2026/08/23/world/canada/canadian-goods-trump-tariffs-items-list.html">jumble</a> of products: The largest targets included lumber, alcohol, dairy, and textiles, but they also encompassed flags, Christmas ornaments, hockey sticks, dog leashes, and wigs.</p>
<p>In a <a href="https://truthsocial.com/@realDonaldTrump/posts/117150758113256193">Truth Social post</a> Monday, Trump said he had added "all Cars, Trucks, both large and small, Automotive Parts, and Steel" to the list.</p>
<p>In February, the U.S. Supreme Court <a href="https://reason.com/2026/02/20/the-supreme-court-just-struck-down-trumps-emergency-tariffs/">struck down</a> Trump's previous attempt to impose tariffs on the rest of the world. <a href="https://reason.com/2026/02/20/even-without-the-emergency-powers-scotus-rejected-trump-has-a-bunch-of-tariff-options/">Other statutes</a>—like Section 338 of the Smoot-Hawley Tariff Act of 1930—also would have allowed Trump to implement tariffs, though with more restrictions.</p>
<p>Trump's new tariffs cite Section 338, which has <a href="https://instituteofgeoeconomics.org/en/research/tariff-tracker-a-guide-to-tariff-authorities-and-their-uses/">not been invoked</a> in over 75 years. It's almost certain to face further judicial scrutiny: "This part of Smoot-Hawley was superseded long ago" and "has never been used to impose a tariff," Philip Zelikow, senior fellow at Stanford University's Hoover Institution, <a href="https://reason.com/volokh/2025/06/03/does-the-smoot-hawley-act-justify-the-trump-tariffs-no-says-philip-zelikow/">wrote last year</a>.</p>
<p>"Even by the standards of Trump's second term," <a href="https://reason.com/2026/07/21/trumps-new-50-tariff-on-canadian-goods-is-actually-an-admission-that-trade-wars-dont-work/">added</a> <em>Reason</em>'s Eric Boehm, "this latest move against Canada seems economically illiterate and legally dubious."</p>
<p>Canada and Mexico have been targets of Trump's ire since his first term, when he scrapped the quarter-century-old North American Free Trade Agreement (NAFTA) and <a href="https://reason.com/2018/10/01/what-you-need-to-know-about-usmca-the-tr/">replaced</a> it with the U.S.–Mexico-Canada Agreement (USMCA), a nearly identical treaty that he <a href="https://trumpwhitehouse.archives.gov/briefings-statements/remarks-president-trump-usmca-celebration-american-workers-warren-mi/">called</a> "the best agreement we've ever made." Then last month, the administration <a href="https://reason.com/2026/07/02/trump-called-the-usmca-his-best-deal-now-he-wants-out-of-it/">announced</a> it would not renew the agreement, and Trump imposed new tariffs just a couple of weeks later.</p>
<p>Trump has offered different reasons, many of them simply ridiculous, from <a href="https://reason.com/2025/03/04/trump-loves-tariffs-fentanyl-is-just-an-excuse/">combating</a> the flow of fentanyl across the northern border to <a href="https://reason.com/2025/05/04/what-if-the-president-tries-to-annex-greenland-and-canada/">insisting</a> that Canada must become the 51st U.S. state. (After talks fell apart last week, Trump <a href="https://www.bbc.com/news/articles/cx272np7vgyo">said</a> Canada wanted "the benefits of being a State, without being one.")</p>
<p>Even if Trump's new tariffs do result in additional revenue—which of course will come from American consumers—it's hard to imagine it's worth the damage being done to the U.S.'s relationship with one of its largest trading partners.</p>
<p>"The United States and Canada enjoy the world's most comprehensive trading relationship, which supports millions of jobs in each country," totaling "nearly $2.6 billion a day in goods and services," according to a <a href="https://2021-2025.state.gov/u-s-relations-with-canada/">2022 fact sheet</a> from the U.S. State Department. "Canada and the United States are each other's largest export markets, and Canada is the number one export market for more than 30 U.S. states."</p>
<p>"Canada has consistently been one of the top two trading partners for the United States," <a href="https://ustr.gov/countries-regions/americas/canada">adds</a> the Office of the U.S. Trade Representative. "Most recently, in 2024, Canada was the top destination for U.S. exports and the third-largest source of U.S. imports. Canada exported over three-quarters of its goods to the United States and imported almost half of its goods from the United States." Trade between the two countries totaled "an estimated $872.3 billion in 2025."</p>
<p>Yet Trump is willing to risk that entire relationship over&hellip;what, exactly?</p>
<p>In <a href="https://www.whitehouse.gov/presidential-actions/2026/07/imposing-additional-duties-to-offset-canadian-discrimination-against-the-commerce-of-the-united-states-with-respect-to-dairy/">various</a> <a href="https://www.whitehouse.gov/presidential-actions/2026/07/imposing-additional-duties-to-offset-canadian-discrimination-against-the-commerce-of-the-united-states-with-respect-to-alcoholic-beverages/">proclamations</a>, Trump cited actions Canada had taken against certain American products, like dairy and alcohol. But "these policies originated as retaliation for earlier, unjustified American tariffs on Canadian products," <a href="https://www.cato.org/blog/next-round-us-tariffs-canada-could-be-harbinger-even-more-chaotic-trade-policy">writes</a> Cato Institute trade policy analyst Alfredo Carrillo Obregon. "The Trump administration is weaponizing Section 338 in response to policies engendered by its own weaponization of other executive trade authorities."</p>
<p>In turn, he is alienating one of our closest allies.</p>
<p>"We have recognised from the beginning that America has changed, and that we will not return to our old relationship," Prime Minister Mark Carney said in a <a href="https://www.pm.gc.ca/en/news/statements/2026/08/21/statement-prime-minister-carney-canada-us-trade-negotiations">statement</a>. "Our government understood, before many, that America is altering all its trade relationships. Putting tariffs on its closest allies and charging for access to its vast market."</p>
<p>When the U.S.' tariffs go into effect, Carney said he would "match those tariffs dollar for dollar."</p>
<p>Carney is not the only Canadian official to recognize Trump's unreliability. "Everybody knows the American president by now, he's erratic, he's irresponsible, and he's not to be trusted," Wab Kinew, Premier of Manitoba, <a href="https://apnews.com/article/canada-quebec-trump-tariffs-75d3f24bb11178d8c9bb28b144e1dcf0">said last week</a>. "And this is the person that we were supposed to make a deal with, and we're going to make additional concessions for it. That's why I say you can't make a good deal with a bad person, because who's to say it's not going to be undone?"</p>
<p>"He underestimates Canada. We're all in," <a href="https://apnews.com/article/canada-trade-trump-ontario-53c4f83c8365c14b372b314396ae8179">added</a> Ontario Premier Doug Ford, who said Trump had "declared war, economic war against <span class="LinkEnhancement">his closest friend</span> and ally." Ford later <a href="https://www.ctvnews.ca/video/2026/08/24/he-can-kiss-my-ass-doug-ford-slams-donald-trump-over-50-per-cent-tariffs/">added</a>, "He can kiss my ass."</p>
<p>Hopefully, whenever Trump exits the White House, whoever replaces him has some appreciation for free trade. In the meantime, there's no telling how many of our international agreements he'll blow up, with little or nothing in return.</p>
<p>The post <a href="https://reason.com/2026/08/24/trump-threatens-u-s-relationship-with-canada-as-trade-talks-collapse/">Trump Threatens U.S. Relationship With Canada as Trade Talks Collapse</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Midjourney]]></media:credit>
		<media:description type="html"><![CDATA[U.S. and Canadian flags torn apart from one another]]></media:description>
		<media:title><![CDATA[USCandaCollapse]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Elizabeth Nolan Brown</name>
							<uri>https://reason.com/people/elizabeth-nolan-brown/</uri>
						<email>elizabeth.brown@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Study: Most Mealtime Screen Time Is TV, Not Social Media			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/24/study-most-mealtime-screen-time-is-tv-not-social-media/" />
		<id>https://reason.com/?p=8398696</id>
		<updated>2026-08-24T18:14:42Z</updated>
		<published>2026-08-24T16:33:18Z</published>
			<category scheme="https://reason.com/latest/" term="Cellphones" /><category scheme="https://reason.com/latest/" term="Family" /><category scheme="https://reason.com/latest/" term="Social Media" /><category scheme="https://reason.com/latest/" term="Technology" /><category scheme="https://reason.com/latest/" term="Children" /><category scheme="https://reason.com/latest/" term="Parenting" /><category scheme="https://reason.com/latest/" term="Phones" /><category scheme="https://reason.com/latest/" term="Research" /><category scheme="https://reason.com/latest/" term="Television" />		<summary type="html"><![CDATA[What a new study of mealtime screen time does—and does not—say.]]></summary>
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		<p>Everyone has seen them out at restaurants: the "iPad babies" and zoned-out families. Parents letting their children, some quite young, stare at phones or tablets throughout the meal, sometimes while mom and dad also look at screens.</p> <p>It's easy to judge those families, though I try to remind myself that we, as casual onlookers, never know the full story. Maybe this almost never happens but tonight the parent has a crucial work deadline. Maybe it's been that rare kind of extraordinarily stressful day. Maybe that boy has developmental issues and this is the only way he can get through a restaurant meal, which the family needs to do because they're traveling. Maybe, whatever the reason, this is an anomaly and not the mealtime norm.</p> <p>But screen time during meals may be the norm for many families, according to some new <a href="https://jamanetwork.com/journals/jamapediatrics/fullarticle/2849807?guestAccessKey=a766de15-cfec-4035-9fd4-2066f37fd4f2&amp;utm_source=for_the_media&amp;utm_medium=referral&amp;utm_campaign=ftm_links&amp;utm_content=tfl&amp;utm_term=061526">research</a> published in<em> JAMA Pediatrics</em>.</p>  <p>Hold up, though—before you call in Jonathan Haidt (or Josh Hawley, or Jean Twenge, or whoever your favorite tech-panic evangelist might be), take a closer look at what sorts of screens that kids are using. The most common form of mealtime media consumption for kids in this study was "watching content on a large-screen device." That is, a TV, or something akin to a TV.</p> <p>In the study, a team of University of Arizona communications professors obtained data from 357 American parents. To be included in the study, parents had to have at least one child who's 4–10 years old and had to live with that child at least 75 percent of the time. These parents were asked to recall their most recent family meal and report on whether they and <em>one</em> of their children (for some reason, the study did not ask about all children) had consumed any media and, if so, what kind.</p> <p>The vast majority of parents—77.6 percent—said they had had a helping of some sort of media during their most recent family meal. And so, too, did nearly 69 percent of the children included in the study.</p> <p>This conjures up the classic restaurant-judgement fodder: a family all hunched over individual phones and tablets. But for the children, the most common type of screen time was watching something on a "large screen device," generally together with a parent. This was something done by 50.4 percent of the children in the study.</p> <p>If we're really worried about screens eroding family together time and children's social skills, we should be bashing CNN and the Cartoon Network as much if not more than Meta and TikTok. Yet I don't see people calling for age-gating the remote control or requiring viewers to show government-issued identification to log into Netflix.</p> <p>Granted, a lot of people surveyed were using phones during meals. But these, too, were frequently being used—at least by the kids in this survey—to <em>watch</em> things rather than to "play, text, or browse." This suggests that insofar as phone time during meals is a problem for kids, it may be an old kind of problem, not a perplexing new one.</p> <p>Nearly half of the kids in this study—47.9 percent—reportedly "watch[ed] content on a small screen device" during their most recent family meal, while under one third (27.8 percent) used a smartphone to "play, text, or browse" or spent some time playing or working on a laptop or tablet (28.8 percent).</p> <p>This isn't that much higher than the percentage of kids—20.7—who spent mealtime reading a physical book or magazine.</p> <p>&nbsp;</p> <figure class="alignright size-large wp-image-8398710"><img decoding="async" class="alignright size-large wp-image-8398710" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/Screenshot-2026-08-24-at-11.11.39-AM-1024x696.png" alt="" width="1024" height="696" data-credit="JAMA Pediatrics" srcset="https://reason.com/wp-content/uploads/2026/08/Screenshot-2026-08-24-at-11.11.39-AM-1024x696.png 1024w, https://reason.com/wp-content/uploads/2026/08/Screenshot-2026-08-24-at-11.11.39-AM-300x204.png 300w, https://reason.com/wp-content/uploads/2026/08/Screenshot-2026-08-24-at-11.11.39-AM-768x522.png 768w, https://reason.com/wp-content/uploads/2026/08/Screenshot-2026-08-24-at-11.11.39-AM-1536x1045.png 1536w, https://reason.com/wp-content/uploads/2026/08/Screenshot-2026-08-24-at-11.11.39-AM-2048x1393.png 2048w" sizes="(max-width: 1024px) 100vw, 1024px" /><figcaption>JAMA Pediatrics</figcaption></figure> <p>Parents were slightly more likely to read a book or magazine during meal time, with 24.1 percent doing so. They were much more likely to use a smartphone to "play, text, or browse" during a family meal, with 64.2 percent saying they had done so during their last family meal. For parents, this beat out watching content on a large screen (48.2 percent) or on a small screen (47.9 percent).</p> <p>As writer <a href="https://stephaniehmurray.substack.com/p/cps-investigations-are-becoming-less">Stephanie Murray points out</a>, those figures "don't tell us anything about <i>how much time</i> the surveyed parents were, say, scrolling on their phone during dinner; only whether they did, at some point during the dinner, do so." Some of the parents in this category may have spent the whole dinner scrolling, sure, but some may have simply stopped at one point to answer a quick text.</p> <p>What's clear from this data is that both children and parents are spending a lot of time with some sort of technology or media while eating, and often with multiple types of media. None of that seems ideal. But this (admittedly small) survey also presents a more complicated picture than crusaders against smartphones and social media tend to paint.</p> <p>Many of the latter back laws that ban teenagers from using social media without parental consent, or laws requiring teens to get parental consent before downloading apps. These are predicated on the idea that parents will, frequently, <em>not</em> consent—that parents don't want their teens, let alone younger kids, to be using phones and tablets all the time. (If all parents consent, then none of the alleged harms of social media will be mitigated, after all.)</p> <p>But if a large number of parents are allowing their 4- to 10-year-olds to have screen time—including phone and tablet time—around the dinner table, that suggests that most parents aren't exactly clamoring for government-imposed controls on childhood tech use, and many, if not most, would give consent for their kids to use various age-gated platforms and apps. Even if you accept the argument that all smartphone or social media use is bad for kids, we would be mandating a mass invasion of privacy (age verification of all social media users) for very little benefit.</p> <p>We also wouldn't necessarily be guaranteeing that the kids put down their devices—even during family meal time, since the main things they seem to be doing on them are watching TV or TV-by-any-other-name, not scrolling social media.</p> <hr /> <h2>In the News</h2> <p><strong>Meta asks SCOTUS to stop addiction lawsuit.</strong> Meta has <a href="https://www.supremecourt.gov/Search.aspx?FileName=/docket/docketfiles/html/public\26-185.html">petitioned</a> the U.S. Supreme Court to weigh in on whether Section 230 and the First Amendment protect the tech company against lawsuits like the one filed by the state of Nevada, which is suing Meta over several Facebook and Instagram features. The state's Supreme Court recently held that decisions about how to display user-generated content are not "expressive First Amendment activity."</p> <p>"While the petition unveiled Thursday only deals with Nevada's suit, a ruling from the Supreme Court could affect all of the addiction-related lawsuits currently pending against social platforms," <a href="https://www.mediapost.com/publications/article/417235/meta-to-scotus-addiction-suits-barred-by-first-am.html">notes</a> the <em>MediaPost</em>. More:</p> <blockquote><p>Meta specifically argues to the Supreme Court that Section 230 and the First Amendment shield publishers from liability over editorial choices, including determinations about how to present user-generated content.</p> <p>"Online publishers, like their print-media precursors, must constantly make editorial decisions about how to display third-party content—such as whether to provide a continuous stream or limited selection of content, to target a particular audience, or to prioritize short-form over long-form material," Meta writes.</p> <p>"Speech and press liberties ensure that a plaintiff could never sue a newspaper for arranging its stories to maximize subscriptions or cable news for teasing stories before commercial breaks to keep viewers tuned in," the company adds. "The answer should be no different for social media."</p></blockquote> <hr /> <h2>Read This Thread</h2> <p>A lot of high-tech medical breakthroughs were announced last week:</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">1/ I'm a cardiologist. I've practiced for twenty-five years, through a lot of "breakthroughs" that turned out to be press releases. So understand the weight of what I'm about to say: I have never seen a single week in medicine like the one we just lived through.<br /> In the span of a&hellip;</p> <p>— Afshine Emrani MD FACC (@afshineemrani) <a href="https://x.com/afshineemrani/status/2091190333338185913?ref_src=twsrc%5Etfw">August 22, 2026</a></p></blockquote> <hr /> <h2>More Sex &amp; Tech</h2> <p>• "The Department of Justice (DOJ) put California on notice last week that the state's decades-long failure to protect incarcerated women in two state prisons from rampant sexual abuse likely violates the Constitution," <a href="https://reason.com/2026/08/20/justice-department-finds-unbroken-pattern-of-sexual-abuse-in-two-california-womens-prisons/">reports</a> <em>Reason</em>'s C.J. Ciaramella.</p> <p>• The Crypto Council for Innovation and the Blockchain Association are <a href="https://www.coindesk.com/policy/2026/08/21/crypto-advocates-join-in-suing-illinois-over-digital-asset-tax">suing</a> over Illinois' digital asset tax.</p> <p>• TikTok has reached a settlement with the Department of Justice over allegations that it violated a federal law related to children's data and privacy. "The Biden administration's DOJ first filed the suit in 2024," <a href="https://www.axios.com/2026/08/21/doj-tiktok-biden-lawsuit-settlement">reports</a> <em>Axios</em>. "TikTok will clear the allegations it violated the Children's Online Privacy Act by paying a total of $400 million, without undergoing further litigation or admitting wrongdoing."</p> <p>• People often cite anti-AI animosity as a reason for data center opposition, but a new poll suggests it's driven much more by (misplaced) environmental concerns:</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">A recent Fox News poll asked voters who opposed AI data centers in their communities why they opposed them — here's what they said. <a href="https://t.co/29pKC3waFG">https://t.co/29pKC3waFG</a> <a href="https://t.co/NPuNrhHyup">pic.twitter.com/NPuNrhHyup</a></p> <p>— Holly Otterbein (@hollyotterbein) <a href="https://x.com/hollyotterbein/status/2091587714848014411?ref_src=twsrc%5Etfw">August 23, 2026</a></p></blockquote> <p>• England and Wales are <a href="https://www.theguardian.com/society/2026/aug/22/sex-offenders-libido-control-drugs-prisons-england-wales">expanding their use of sex drive–suppressing drugs</a> in prisons.</p> <p>• "When data center opponents seek to hype the environmental strains caused by these facilities, they often describe their water and electricity usage in terms of household or community equivalents," <a href="https://reason.com/2026/08/21/an-ungrateful-public-underappreciates-data-centers/">writes</a> <em>Reason</em>'s Christian Britschgi. "This data center will consume as much electricity as a small town. That data center's water usage is the same as 50,000 homes. The implied takeaway is that this is a lot. But it's not really."</p> <p>• Virginia is asking a court to unblock a law imposing screen-time limits on minors. But if the law—which requires minors to submit parental permission to get around a one-hour limit on a social media platform—is allowed to take effect, "millions of minors&hellip;will be cut off from vital channels of communication, education, and self-expression," <a href="https://www.mediapost.com/publications/article/416391/tech-industry-battles-virginia-over-social-media-t.html?edition=">counters</a> the tech trade group NetChoice. And tech platforms "would be forced to choose between exposing themselves to massive liability for disseminating speech, or taking burdensome steps that would drastically curtail access to their services."</p> <p>• Parents concerned about technology "should use their power as consumers to demand better <a href="https://reason.com/2026/05/13/why-im-cheering-for-this-new-anti-porn-anti-lgbt-christian-phone-network/">market solutions</a> rather than support bureaucratic controls that put everyone at risk," <em>Reason</em> editorial manager Agustina Vergara Cid <a href="https://www.ocregister.com/2026/08/22/parents-shouldnt-trust-bureaucrats-to-manage-their-kids-digital-lives/">writes</a> in a new <i>Orange County Register</i> op-ed. "Delegating responsibility for children's online lives to the government may seem easier and safer, but parents should resist that temptation."</p><p>The post <a href="https://reason.com/2026/08/24/study-most-mealtime-screen-time-is-tv-not-social-media/">Study: Most Mealtime Screen Time Is TV, Not Social Media</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[V2 Photo: Asaliro/Dreamstime. Illustration: Fatima Ruiz/Midjourney.]]></media:credit>
		<media:description type="html"><![CDATA[Kids eating dinner and watching TV]]></media:description>
		<media:title><![CDATA[screentime during meals v2]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Ronald Bailey</name>
							<uri>https://reason.com/people/ronald-bailey/</uri>
						<email>rbailey@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Forget the Population Bomb. The New Fear Is a Population Implosion.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/24/forget-the-population-bomb-the-new-fear-is-a-population-implosion/" />
		<id>https://reason.com/?p=8398255</id>
		<updated>2026-08-24T16:05:02Z</updated>
		<published>2026-08-24T16:05:02Z</published>
			<category scheme="https://reason.com/latest/" term="Economics" /><category scheme="https://reason.com/latest/" term="Fertility" /><category scheme="https://reason.com/latest/" term="Fertility rates" /><category scheme="https://reason.com/latest/" term="Children" /><category scheme="https://reason.com/latest/" term="China" /><category scheme="https://reason.com/latest/" term="Overpopulation" /><category scheme="https://reason.com/latest/" term="Paul Ehrlich" /><category scheme="https://reason.com/latest/" term="Population" />		<summary type="html"><![CDATA[Overpopulation panic is sooooo 20th Century! Welcome to the era of depopulation dread. ]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/24/forget-the-population-bomb-the-new-fear-is-a-population-implosion/">
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		<p>Nearly six decades ago the world was allegedly in the midst of an apocalyptic "population explosion." Today the fear among some economists is the opposite: that the world in this century is on track to experience a steep global population implosion.</p> <p>When the Stanford biologist Paul Ehrlich wrote <a href="https://archive.org/details/populationbom00ehrl/mode/2up"><em>The Population Bomb</em></a> in 1968, world population stood at just over <a href="https://www.worldometers.info/world-population/world-population-by-year/">3.5 billion</a> and the global total fertility rate was just under <a href="https://www.macrotrends.net/global-metrics/countries/wld/world/fertility-rate#google_vignette">5 children per woman</a>. As a dire consequence of these trends, he declared, "The battle to feed all of humanity is over." He further predicted that in "the 1970's the world will undergo famines—hundreds of millions of people are going to starve to death in spite of any crash programs embarked upon now." His solution was "population control," to be imposed "by compulsion if voluntary methods fail." Ultimately, Ehrlich asserted, "The birth rate must be brought into balance with the death rate or mankind will breed itself into oblivion."</p> <p>Although millions of people have indeed died of <a href="https://worldpeacefoundation.org/blog/historical-trends-in-famine-mortality/">hunger</a>, largely as a result of disruptions caused by <a href="https://www.wfp.org/emergencies/sudan">civil wars</a>, Ehrlich's dire predictions of global scale famines caused by "overpopulation" <a href="https://reason.com/2026/03/16/population-doomster-and-false-prophet-of-ecological-apocalypse-paul-ehrlich-has-died/">failed entirely</a>. World population today is just shy of <a href="https://www.macrotrends.net/global-metrics/countries/wld/world/population">8.3 billion</a>.</p> <p>Population <em>implosion</em> is now the big worry, as can be seen in a <a href="https://www.sas.upenn.edu/~jesusfv/Demographics.pdf">new study</a> by two economists, Jesús Fernández-Villaverde of the University of Pennsylvania and Patrick Norrick of Northwestern University. They claim that humanity's <a href="https://www.who.int/data/gho/indicator-metadata-registry/imr-details/123">total fertility rate</a> may have already fallen below the population replacement rate and that there are no signs that it will rebound. (The replacement rate is conventionally defined as each woman having 2.1 children over the course of her lifetime.)</p> <p>What is even more amazing and puzzling is that some the fastest falls in fertility that they document are occurring in low- and <a href="https://fred.stlouisfed.org/series/SPDYNTFRTINMIC">middle-income</a> countries and among less educated women.</p> <figure class="aligncenter size-full wp-image-8398522"><img decoding="async" class="aligncenter size-full wp-image-8398522" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/Screenshot-2026-08-21-at-12.21.47-PM.png" alt="" width="1292" height="746" data-credit="Gemini" srcset="https://reason.com/wp-content/uploads/2026/08/Screenshot-2026-08-21-at-12.21.47-PM.png 1292w, https://reason.com/wp-content/uploads/2026/08/Screenshot-2026-08-21-at-12.21.47-PM-300x173.png 300w, https://reason.com/wp-content/uploads/2026/08/Screenshot-2026-08-21-at-12.21.47-PM-1024x591.png 1024w, https://reason.com/wp-content/uploads/2026/08/Screenshot-2026-08-21-at-12.21.47-PM-768x443.png 768w" sizes="(max-width: 1292px) 100vw, 1292px" /><figcaption>Gemini</figcaption></figure> <p>This cuts against the general demographic trend in which <a href="https://www.stlouisfed.org/on-the-economy/2016/december/link-fertility-income">fertility falls as people's incomes increase</a>. If the falling trend is sustained and amplified, world population will begin shrinking—possibly very quickly—later in this century "That has never happened before, not in wars or pandemics," write the study's authors, describing this projected future as "<a href="https://www.sas.upenn.edu/~jesusfv/Demographics.pdf">Terra Incognita</a>."</p> <p>The researchers note that reaching very low levels of fertility does not require extraordinary rates of childlessness or very small families. They illustrate this point by imagining the choices of a cohort of 100 women in which 15 are childless by choice or medically, 10 have one child, 60 have two, 10 have three, and 5 have four, yielding 180 children with a completed fertility rate of 1.8—which is still below the replacement rate. Now imagine a further relatively small shift in which 26 women are childless, 23 have one child, 46 have two, and 5 have three. Completed fertility falls to 1.3, the conventional threshold for lowest-low fertility, even though three quarters of the women did not switch their behavior. "Any explanation [for the fall in fertility rates] only has to account for the quarter of women who switch, not for the 75% who do not," write the researchers. "A woman at two may easily switch to one, or from one to zero, in response to relatively small changes in relative prices or opportunity costs."</p> <p>So why are people having fewer children? The researchers review popular answers, such as rising housing prices, more education for women, shifts in preferences and social norms, the time demands of training in more skills-based economies, and smartphones' effects on in-person interactions. They argue that all of these contribute marginally to falling fertility rates but cannot account for why the trend is so widespread across so many different countries around the globe.</p> <p>Modernity itself, they speculate, is the chief explanation for falling fertility. "We live in a society built around large organizations and formal credentials, which makes a third child expensive and childlessness cheap, and that circumstance has created a mismatch between women's position <span class="s1">outside the home and men's inside it," they write. In the modern world, children do not produce income for the household, supportive kin networks have frayed, and an extra child is expensive to educate. </span><span class="s1">"As modernity has spread everywhere, even to countries </span><span class="s1">with low income per capita, fertility has also fallen everywhere."</span></p> <p><span class="s1"> Fernández-Villaverde and Norrick also point to an intriguing correlation between mismatched gender norms and fertility rates. While women's modern opportunities expand outside the household, male expectations about housework and child-rearing roles can remain stuck. S</span>ocieties with highly unbalanced gender norms start with very high total fertility rates <span class="s1">as men impose their preferences but fall quickly as educated women with outside incomes resist. This gender mismatch in rapidly modernizing societies may explain in part the current <a href="https://www.reddit.com/r/Natalism/comments/1tahr7h/east_asias_fertility_rate_for_the_first_quarter/">extremely low fertility</a> rates in many East Asian countries. </span></p> <p>The two economists cannot identify any self-regulating feedback mechanisms that encourage fertility rates to rebound to replacement level. They also point out that pro-natalist government policies—subsidies, generous parental leave, free daycare—boost fertility only marginally.</p> <p>Sustained ultra-low fertility at 1 child per woman leads to a steep exponential decline in population. For example: On current fertility trends, China's population would fall to <a href="https://www.pewresearch.org/short-reads/2022/12/05/key-facts-about-chinas-declining-population/">about half</a> of its current population by 2100.</p> <figure class="aligncenter size-full wp-image-8398701"><img decoding="async" class="aligncenter size-full wp-image-8398701" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/Screenshot-2026-08-24-at-10.45.31-AM.png" alt="" width="892" height="678" data-credit="Pew Research" srcset="https://reason.com/wp-content/uploads/2026/08/Screenshot-2026-08-24-at-10.45.31-AM.png 892w, https://reason.com/wp-content/uploads/2026/08/Screenshot-2026-08-24-at-10.45.31-AM-300x228.png 300w, https://reason.com/wp-content/uploads/2026/08/Screenshot-2026-08-24-at-10.45.31-AM-768x584.png 768w" sizes="(max-width: 892px) 100vw, 892px" /><figcaption>Pew Research</figcaption></figure> <p>In an admittedly unrealistic scenario, consider, for illustrative purposes, what the population would be in 2100 if at around 2040 that global fertility fell and remained at the East Asian rate of 1 child per woman, at current mortality rates:</p> <figure class="aligncenter size-full wp-image-8398561"><img decoding="async" class="aligncenter size-full wp-image-8398561" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/Screenshot-2026-08-21-at-3.09.09-PM.png" alt="" width="940" height="422" data-credit="Gemini" srcset="https://reason.com/wp-content/uploads/2026/08/Screenshot-2026-08-21-at-3.09.09-PM.png 940w, https://reason.com/wp-content/uploads/2026/08/Screenshot-2026-08-21-at-3.09.09-PM-300x135.png 300w, https://reason.com/wp-content/uploads/2026/08/Screenshot-2026-08-21-at-3.09.09-PM-768x345.png 768w" sizes="(max-width: 940px) 100vw, 940px" /><figcaption>Gemini</figcaption></figure> <p>Basically, more people would be dying than are born over the course of this century. Consequently, world population at the end of this century would be back to the level it was when Ehrlich made his apocalyptic predictions.</p> <p><span class="s1">Should we be concerned about a world of fewer people? Fernández-Villaverde and Norrick think so. They contrast the recent economic and demographic fortunes of the U.S. and Japan to make their point. As Japan's working age population <a href="https://fred.stlouisfed.org/series/LFWA64TTJPM647S">shrank</a>, its annual GDP growth rate hovered about 0.8 percent; meanwhile, a <a href="https://fred.stlouisfed.org/series/LFWA64TTUSM647S">rising</a> working age population helped boost the average annual GDP growth rate to 2.6 percent in the U.S.</span></p> <p>The two argue that a shrinking population will also tend to slow economic growth as the creation of new ideas lags (fewer researchers), entrepreneurial dynamism flags (stodgy incumbent firms), and older workforces resist new technologies. And of course, support for older and sicker citizens will impose heavy fiscal burdens on younger workers.</p> <p>But there is a possible countervailing trend. The authors note that "one of the oldest regularities in demography" recently flattened in the United States. From 1980 through 2010, fertility rates turned upward in households whose incomes were in the <a href="https://link.springer.com/article/10.1007/s10887-018-9160-8">top 20 percent</a>, at a threshold of <a href="https://finance.yahoo.com/news/rich-enough-upper-class-heres-210131085.html">about $175,000</a>. In addition, the fertility of <a href="https://ideas.repec.org/a/eee/ecolet/v230y2023ics0165176523002513.html">highly educated American</a> women increased. Why? Likely because such households can afford to outsource childcare and domestic labor. The authors concluded that "children are becoming a luxury good."</p> <p>I reported just a such trend nearly 30 years ago, in a 1997 article titled "<a href="https://reason.com/2007/08/06/kids-as-status-symbols-and-com/">Kids as Status Symbols</a>":</p> <blockquote><p>So, you've got the beach house compound on Nantucket, the 63-foot Hinckley sailboat, the corporate jet, the nanny, and the gardener; and your stay-at-home spouse with the advanced academic degree heads up the local United Way campaign. What other acquisition might serve your high economic and social status? How about having some more kids?</p></blockquote> <p>Assuming a 2.5 percent annual growth rate U.S. GDP in 2100 would rise to more than $200 trillion which divvied up among 350 million Americans would yield nearly $600,000 per capita GDP. With that amount of income, most Americans should be able to afford the luxury of a whole staff of robots to do chores and take care of any number of children.</p> <p>Finally, recall Ehrlich's prediction: "The birth rate must be brought into balance with the death rate or mankind will breed itself into oblivion." If the trends identified by <span class="s1">Fernández-Villaverde and Norrick are sustained, </span>Ehrlich might have been right after all, but for the opposite reason: Oblivion would be achieved through the failure to breed.</p><p>The post <a href="https://reason.com/2026/08/24/forget-the-population-bomb-the-new-fear-is-a-population-implosion/">Forget the Population Bomb. The New Fear Is a Population Implosion.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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