Beauty Pageants Have First Amendment Right to Limit Contestants to “Natural Born Females”

So holds the Ninth Circuit; Hamilton plays a major role.

We conclude that the district court was correct to grant the Pageant’s motion for summary judgment, but reach this conclusion not under the First Amendment’s protection of freedom of association but rather under the First Amendment’s protection against compelled speech….

https://reason.com/volokh/2022/11/02/beauty-pageants-have-constitutional-right-to-limit-contestants-to-natural-born-females/

False Representation

Why it’s important for Students for Fair Admissions to win its discrimination case against Harvard

Racial representation’s ultimate sin is that it dehumanizes. When Harvard rejects some Asians because they are already “represented” by other Asians, in order to admit some blacks to “represent” other blacks, it collapses these students to their skin colors. The phrase “people who look like me”—which one hears so often these days—is profoundly reductionist, implying that all blacks look alike, that all Asians look alike, and more essentially, that they are alike. This is racism.

https://www.city-journal.org/the-supreme-court-and-harvards-racial-discrimination?

The Vast Collateral Damage of Zoning

Robert C. Ellickson exposes in convincing detail the deleterious impact of restrictions on new housing.

“Local zoning measures may be the most consequential regulatory program in the United States. Local barriers to housing production elevate housing costs and distort household migration decisions. Nonetheless, members of the mass media tend to regard anything that happens at a city hall as unworthy of attention.” He characterizes zoning’s reach into private life as “Leviathan gone Local.”

https://www.city-journal.org/the-vast-collateral-damage-of-zoning

On Second Thought, Just Throw Plastic Away

Even Greenpeace now admits the obvious: recycling doesn’t work.

Environmentalists’ zeal to ban plastic is far more destructive than their former passion to recycle it; it’s also harder to explain…Why ban products that are cheaper, sturdier, lighter, cleaner, healthier, and better for the environment? 

https://www.city-journal.org/greenpeace-admits-recycling-doesnt-work

My New The Hill Article on How Arlington, VA Battle over “Missing Middle” Housing is a Microcosm of Broader National Struggle Against Exclusionary Zoning

Barack Obama could have been referring to our community, when he said that “[t]he most liberal communities in the country aren’t that liberal when it comes to affordable housing.”

https://reason.com/volokh/2022/10/25/my-new-the-hill-article-on-how-arlington-va-battle-over-missing-middle-housing-is-a-microcosm-of-broader-national-struggle-against-exclusionary-zoning/

Federal Court Upholds Cruel, Unconstitutional St. Louis Ban on Sharing Food with Homeless

Apparently, St. Louis and the Eighth Circuit believe “sandwiches containing MEAT, POULTRY, EGGS, or FISH” are less likely to cause foodborne illness than hamburgers and hot dogs, which are, after all, “sandwiches containing MEAT.”

https://reason.com/2022/10/29/federal-court-upholds-cruel-unconstitutional-st-louis-ban-on-sharing-food-with-homeless/

The First Amendment Protects the Right to Parody the Government

In May of 2016, Anthony Novak of Parma, Ohio, spent four days in jail for making fun of his local police department. The cause of this unfortunate encounter with law enforcement was his decision to engage in the longstanding American tradition of political parody

https://www.cato.org/blog/first-amendment-protects-right-parody-government

Federal Judge Criticizes SEC “No-Admit-No-Deny Provisions” in Enforcement Action Settlements

No matter how weak, or strong, the allegations in the complaint may be—indeed, even if the testimony of key witnesses proves to be false—if defendants ever consider publicly defending themselves, the No-Admit-No- Deny Provision prevents them from doing so.

https://reason.com/volokh/2022/10/28/federal-judge-criticizes-sec-no-admit-no-deny-provisions-in-enforcement-action-settlements/#more-8209001

Government Is Largely Guesswork

Even the local government that supplies policing services paid for with tax dollars has no solid information about just how much policing to supply and how best to supply these services. Consumers don’t express their demands for government-supplied policing by voluntarily spending money for it, with the ability to change the amounts they spend in response to changes in the quality of, or the desire for, the service provided. 

A Federal Judge Says New York’s Ban on Guns in Church Is Unconstitutional

The Constitution requires that individuals be permitted to use handguns for the core lawful purpose of self-defense. And it protects that right outside the home and in public.

https://reason.com/2022/10/21/a-federal-judge-says-new-yorks-ban-on-guns-in-church-is-unconstitutional/