Constitution & Law

Here’s Why Tom Brokaw’s Comments on Guns are Utterly Ridiculous

Right on cue, leftist, liberal Democrats and Hillary Clinton wasted no time after the tragic shooting incident in Las Vegas to advocate for gun control.  It’s the same old song and dance routine after any incident involving a…

Convention of States Adopts Newspeak to Sell the Con-Con

“If you tell a lie big enough and keep repeating it, people will eventually come to believe it.”  –Joseph Goebbels Newspeak  In the novel, “1984,” George Orwell’s unsettling prophecy of a totalitarian society, Newspeak was the official language…

Constitutional Q&A: The Right to Protest

“Since when have we Americans been expected to bow submissively to authority and speak with awe and reverence to those who represent us? The constitutional theory is that we the people are the sovereigns, the state and federal…

Some Kneel in Protest Others Interpose and Protect

This past weekend has been an interesting one, to say the least. Football players are being praised or protested by some for “kneeling down” during the National Anthem, while on another football field coach Joe Kennedy was fired…

Our Constitution: “Living Breathing” or a Standard of Liberty?

When a woman asked Benjamin Franklin, a founder of our Constitutional Republic, what kind of government the States created, he answered, “A Republic, if you can keep it.” The key to keeping that Republic exists in the understanding…

American Wars are Disobeying the Constitution

It has been just over 16 years to the day that Congress first passed the authorizations of military force after the Sept. 11, 2001, attacks. Although Congress never intended them to serve as the underpinning to combat operations…

Why States Can’t Prevent a Runaway Convention

The danger of an Article V convention (which made James Madison “tremble”, caused Alexander Hamilton “dread”, and Chief Justice John Jay to say that another convention would impose an “extravagant risque”) is this: the delegates to the convention…

Attorneys Challenge “Government Speech” Doctrine – Dispute Claim That 1st Amendment Doesn’t Apply to Highway Rest Areas

WASHINGTON, D.C. — Warning that a dangerous expansion of the “government speech” doctrine by the courts could be used to limit any speech that occurs on government property, The Rutherford Institute has asked the U.S. Supreme Court to…

Is the Electoral College a Good Thing?

As someone who had never really thought much about our political system in the U.S, I was drawn to the 2016 Presidential election as never before. I knew what the Electoral College was, but in the 2000 election…

The Constitutional Pardon of Joe Arpaio

Article 2, Section 2, of the United States Constitution defines one of a handful of powers the President has: “He shall have power to grant reprieves and pardons for offenses against the United States, except in cases of…

Does the First Amendment Really Protect Hate Speech?

In this day and age, many believe that “hate speech” must be controlled or censored by someone or some group.  Unfortunately, due to the ignorance of so many in our country, terms like “control” and “regulate” ipso facto…

Freedom for the Speech We Hate: The Legal Ins and Outs of the Right to Protest

“If there is any principle of the Constitution that more imperatively calls for attachment than any other, it is the principle of free thought — not free thought for those who agree with us but freedom for the thought…

Judge: Facebook “Can Do Whatever It Wants, But Censorship Is A Very Dangerous Business”

Judge Andrew Napolitano spoke up on the ongoing issue with companies like Google and Facebook censoring people’s comments and ideas based on what they claim are hate speech and he comes down on the side of free markets and…

SCOTUS Asked to Protect Cell Phone Records Against Warrantless Government Surveillance

WASHINGTON, DC — Denouncing the now widespread tactic employed by police departments, big and small, of spying on Americans via their cell phones with little to no oversight, The Rutherford Institute is asking the United States Supreme Court…

Court Rules in Favor of First Amendment Rights of Controversial ‘Alt Right’ Activist’s Right to Protest in Historic Park

CHARLOTTESVILLE, Va. — In a resounding victory for the First Amendment right to free speech, a federal court has ruled that government officials cannot prevent activists who espouse highly controversial views from protesting in a historic downtown park,…

Attorneys Call for City Representatives to Respect First Amendment Right of Naval Officer to Play ‘Taps’ in Honor of Fallen Heroes

The Rutherford Institute is calling on officials in Glen Rock, Penn., to withdraw an order to an active-duty naval officer to cease and desist playing “Taps” on a sound system on his five-acre residential property or face a…

Liberty & Law Trumps Emotion: Understanding Freedom of Speech

The mayor of Portland, Oregon called for the revocation of permits for a “March Against Shariah” because the content of the presentation is “untimely.” Here are the Facts: The rally was to be on federal property within the city…