Tyler Broker
Above the Law
United States
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Recent articles by Tyler:
The Distortion Surrounding Espinoza v. Montana Has Reached Biblical Proportions
The campaign to reframe anti-establishment liberty as a discrimination against religion already has a win under its belt, and seems poised to win big again this week at the Supreme Court. → Read More
Space Law Can Only Be Libertarian Minded
The benefits that space can offer are far greater than any benefit currently attributed to any major policy proposal being discussed at the national level. → Read More
Accountability For Constitutional Violations Likely Has To Start With The Trivial
Accountability in practice has always been difficult, yet evidence indicates incremental progress can be a powerful tool. → Read More
The (Legal) War Against Nonbelievers
In all too many courts, designating nonbelievers to second-class status is not only acceptable, it appears to be part of a broader campaign of demagoguery. → Read More
An Originalist Case For Presumptive First Amendment Protection Of Pornography
A free speech guarantee applied with an originalist lens requires a robust, evidence-based procedures that modern porn prohibitionists cannot satisfy. → Read More
Tucker Carlson Draws A Line
In the last year, the pundit has embraced victimhood populism, claimed the problem within the United States is market capitalism, and now advocates that we should take Russia’s side when it comes to Ukraine. → Read More
Nationalism Seeks To Eradicate The Light Of Reason And The Love Of Liberty
No evidence, or economic motive, justifies restricting immigration to the United States. → Read More
A Religious Bigot In Power Plays The Victim
In a speech where he demonized all those who do not subscribe to his religious 'moral' teachings as the direct cause of all the country’s problems, William Barr also claimed to be the victim. → Read More
How Is This President Not A Socialist?
Having contempt for property rights, imposing the highest tax increase in the post-World War II era, and prioritizing government handouts is a-okay in MAGA world -- and the reason why is as gross as you might imagine. → Read More
Automation, UBI, And The Future Of Human Labor
A brief exchange between candidates Sen. Elizabeth Warren and Andrew Yang regarding the threat automation poses to future human employment deserves more of our attention. → Read More
Originalism Currently Lacks Intellectual Integrity
At its moment of triumph, the judicial philosophy of Constitutional originalism has already become what it claims to oppose. → Read More
Sentencing Reform Serves The Interests Of Victims And Safer Societies
Instead of invoking subjective, unequally applied concepts of 'mercy' within our harsh system of criminal sentencing, victims and society would be better served by simple pragmatism. → Read More
Anti-Establishment Liberty Is Not A Discrimination Against Religion
The issue in Espinoza v. Montana Department of Revenue is being distorted by atextual and ahistorical nondiscrimination principles. → Read More
How The Drug War Corrupts Our Institutions
The evidence has been compelling for decades that the policy of drug prohibition corrupts our institutions into creating more harm rather than mitigating it. → Read More
The Loss Of Civility
It is no coincidence that the same figures who seek to enact gratuitously cruel policies or deny fundamental liberties are always the ones opining about a loss of 'civility.' → Read More
The Principles Of Poverty
The extent to which poverty relates to women possessing control over their own procreation decisions should embolden the removal of institutional barriers to birth control; instead, the exact opposite has occurred. → Read More
Gross Hypocrisy Is No Longer A Political Sin, And Other Reflections On A Year Gone By
It’s Tyler Broker’s one-year anniversary here at Above The Law, so he felt compelled to take some perspective. → Read More
The Religious Right Is Leading Us Off Valuable First Amendment Rails
Some litigants are allowed to play by different rules when it comes to the First Amendment. → Read More
The American Left Has An Important Choice To Make
The president and his cult of followers have embraced white nationalism and excused racist tropes being directed at liberal members of Congress. Will that fact and such attacks prevent legitimate criticism of anti-Semitic statements and associations where they exist on the left? → Read More
Hysteria Does Not Generate Good Policy
The suggestion that we should make domestic terrorism a federal crime is not only unnecessary but given the abuses of the past and present, it represents a significant danger to civil liberties. → Read More