The Ninth Circuit has blessed the commandeering of professional speech to deliver any favored government message under the guise of protecting public health and given itself permission to apply intermediate, rather than strict, scrutiny to laws involving compelled speech. The Supreme Court should reverse this decision.
A proposal by the Massachusetts Governor to allow 3‐day detention of overdose victims in a rehab center without court approval is not evidence‐based, will further strain health care resources, and is just another emotional response to a complex problem. It also might infringe on the due process rights of those detained.
Niskanen was never one to settle for conventional wisdom. As he himself explained, when he didn’t question some aspect of the status quo, more often than not it was because he hadn’t yet had a chance to noodle around with other options.
Given the abuses of the Section 702 program that have been exposed over the past several years, HR 4478 is an amazing statement of the contempt the House GOP leadership has for the Fourth Amendment rights of Americans.