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The First Amendment Protects Mahmoud Khalil

The First Amendment Protects Mahmoud Khalil

One of Donald Trump’s first official actions as president was to sign an executive order designed to protect freedom of expression against government pressure. Soon after, Vice President J.D. Vance issued a vigorous challenge at the Munich Security Conference to speech restrictions in Europe. After years of government assaults on freedom of expression, people who cared about First Amendment values were cautiously optimistic. Then came the administration’s attempted deportation of Mahmoud Khalil. Khalil, a permanent legal resident of the United States who is married to an American citizen and...

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A Critique of Randy Barnett’s ‘Accommodating’ Libertarianism

A Critique of Randy Barnett’s ‘Accommodating’ Libertarianism

Randy Barnett is arguably on the short list of the libertarians most influential in American public life. His legal scholarship has informed challenges to state power in the courts; indeed, he himself has argued before the Supreme Court. He has been an active participant in intra-libertarian theoretical debates for decades. And his book The Structure of Liberty, now in its second edition, articulates a clear and appealing model of a stateless legal order that has contributed helpfully to libertarian theory over the course of a quarter-century. Thus, when Barnett urges, as he does in a new...

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