Blog Archive: 2015

Firearm “Gag Order” Bound to Miss its Mark

“The contest for ages has been to rescue liberty from the grasp of executive power.” – Daniel Webster

In June 2015, the Department of State proposed several changes to the International Traffic in Arms Regulations (ITAR), which regulate the manner in which items on the United States Munitions List (USML) may be exported. 80 Fed. Reg. 106 (proposed Jun. 3, 2015). In addition to the physical armaments themselves, the ITAR regulates the export of USML items’ technical specifications. The key component of the ITAR, and the reason it concerns First Amendment scholars, is that it requires authorization from the State Department prior to the export of any items falling within its purview. The prior authorization requirement, combined with a creative definition of “export,” creates a real danger of speech suppression through prior restraint.


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No Comments | Posted by Jonathan C. Jakubowski on Mon. November 30, 2015 1:49 PM
Categories: Freedom of Speech

“Chilling” Campaign Finance Law Upheld

Political silence, the inability to have one’s voice heard, is an issue that marginalizes many citizens and residents. In an effort to remedy this pervasive issue, some citizens choose to give money to public policy think tanks that help foster discussion about important public policy topics. However, this important tool for political mobility seems to be under siege, as issue-focused organizations face costly litigation arising from burdensome reporting requirements.


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No Comments | Posted by Joseph M. Swindle (Max) on Fri. November 6, 2015 6:15 PM
Categories: Court Rulings, Freedom of Speech

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