Tyler Broker, Above the Law

Tyler Broker

Above the Law

United States

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Recent:
  • Unknown
Past:
  • Above the Law

Past articles by Tyler:

'Cultural' Stigmatization For Thee But Not For Me

What about campus culture makes it so unique that social shaming in this context poses such a unique threat? → Read More

What Is The Appropriate Response To Speech That Causes Harm?

My work was recently involved in a larger debate about the power, and harm, of certain words. → Read More

How Can Nonbelievers Defend Themselves Against Religious Persecution?

Religious fear and hatred of nonbelievers is real, the question is whether legal mechanisms exist that nonbelievers can utilize to defend themselves. → Read More

Prohibiting Harmless Consensual Or Self-Regarding Acts By Adults Is Bad Law And Policy

Overcriminalization results in tremendous and unnecessary human costs, so why is it so difficult to scale back the law? → Read More

Josh Blackman Gives Away The Game

To Blackman, the objectionable part about the majority opinion in Jones was the conservative justices appeared to be *gasp* apologizing for making a socially conservative ruling. → Read More

Despite The Plain Language Of Federal Law, Police Accountability Can Only Happen At The State Level

Here is the thing about conservative rhetoric of following the law as written and about not making policy: in practice conservative judges do the exact opposite. → Read More

The Legal Oppression Of Nonbelievers Will Escalate The More Religion Declines

Combine a conservative religious ideology that fears and hates nonbelievers and has taken over much of the judiciary, with an ever-increasing nonbeliever population growth, and what you get is legal oppression. → Read More

On Free Speech, The Biden Administration Already Disappoints

The Department of Justice has argued high school officials should have the power to monitor and punish off-campus student speech. → Read More

The Modern Free Exercise Doctrine Is Inconsistent And Dishonest

A conversation about the free exercise doctrine generally and discussion on an important free exercise case heard by the Supreme Court this term. → Read More

The Spectacle Of Stigma

It has become very interesting to see when kneeling at a football game is acceptable behavior. → Read More

‘Cancel Culture’ Was Always A Term Without Meaning

It is difficult, if not impossible, to find greater hypocrisy on any issue than the kind exhibited by cancel culture alarmists. → Read More

Will Biden Take The Second Step Against The War On Drugs? Can He?

President Biden has a terrible track record when it comes to the drug war, but even if he wanted to change it, can he? → Read More

Is A Legal Reckoning Coming For Alex Jones?

The Texas Supreme Court rejected Alex Jones’ request for cert to dismiss four defamation lawsuits brought by parents of Sandy Hook victims. → Read More

This Supreme Court’s Religious Liberty Approach Would Be Silly, If The Consequences Were Not So Dire

The fact is nothing about this Supreme Court’s religious liberty doctrine reflects equality or liberty for all. → Read More

School Choice Proponents Are All About Individual Preference, Except When They’re Not

When the government forces you to subsidize an organization or the beliefs of others you personally disagree with, that is the very opposite of granting you a 'choice.' → Read More

A Morally Reprehensible Act Is Made Worse By A Legally Inexcusable Arrest

The only thing worse than Joshua Garton’s fake photograph desecrating the grave of a dead police officer is the decision to arrest him for it. → Read More

Rather Than Confront Difficult Social Issues Many Take The Easy Path Of Blaming ‘Big Tech’

When Twitter blocked the current president, it was expected that his staunchest supporters would cry foul, but I was shocked to see reasonable people also express dire concern. → Read More

A High-Profile Defamation Suit With Some Teeth?

In an era where absurd defamation suits by prominent parties are common, elections company Dominion Voting Systems has made a serious defamation claim against Sidney Powell. → Read More

U.S. District Judge Dismantles Faux Victimization Of Religion

The false narrative of religious victimization appears to dominate at the Supreme Court, yet one district court judge has struck back. → Read More

Justin Amash Proposes To Eliminate Civil Asset Forfeiture

There is no justifiable reason to continue such an abused, ineffective, and (should be) unconstitutional practice. → Read More