The Supreme Court Corrects a Grievous Error
This essay by Robert Delahunty & John Yoo was originally published at National Review on June 30th, 2023. In Students for Fair Admissions v. Harvard, it finally removed higher education’s exemption…
How We Got Our Antiracist Constitution: Canonizing Brown v. Board of Education in Courts and Minds
Provocations #6 Click here to view a PDF version. The Provocations series is available in hard copy and e-book formats on Amazon. Summary: Over the past decade, several American…
Biden DOJ Crossed Political Rubicon With Trump Indictment
This essay was co-authored with John Yoo and originally published on June 12, 2023 at Bloomberg Law. Yoo is a law professor at the University of…
The New York Times Versus Florida
This op-ed was originally published on March 9, 2023 by Newsweek. Florida legislators are now considering a bill that would call into question…
Trump Takes Aim at New York Times v. Sullivan
This essay was originally published by The American Spectator on January 19, 2023. He calls out the standard for permitting an often-partisan media to pollute…
Malice Toward All, Defamation for None?
This essay was originally published by December 20, 2022 by Law & Liberty. New York Times v. Sullivan has not been the pure boon to democracy…
Open Up Libel Laws
This essay was originally published by Compact Magazine on November 30, 2022. America’s most famous litigant—Donald J. Trump—is back in the news, and not…
In Moore v. Harper, SCOTUS Could Decide Who Gets The Final Say In A 2024 Election Dispute
This essay was coauthored with John Yoo and was originally published by The Federalist on December 7, 2022. John Yoo is the Emanuel S. Heller Professor…
Erecting a Wall of Separation Between Tech and State
This essay was originally published in Newsweek on November 9, 2022. The Intercept recently performed a public service by documenting the Biden administration’s plans to censor…
Trump’s CNN Lawsuit Shows Freedom of Press Does Not Include Right to Libel
It’s an opportunity for the Supreme Court to right wrongs that enable our shameless Fourth Estate. This essay was originally published on October 6, 2022 by…