Insights & News

Jared J. Roberts In defamation cases involving public figures, one phrase looms larger than any other: actual malice. It’s the legal standard that often decides whether a plaintiff can win a libel case. Under the rule set by New York Times Co. v. Sullivan (1964), a public figure has to show that the defendant made a false statement knowing it was false or with reckless disregard for the truth. In other words, the question isn’t just was it wrong? — it’s did they know or seriously doubt it was wrong? While this is a high bar, over the years, courts […]

By: Shawn M. Flynn and Jared J. Roberts  In a recent October 2022 Washington Times article, Binnall Law Group correctly predicted that federal courts would halt the Biden Student Loan Forgiveness plan. Specifically, the article argued that courts should be skeptical of the plan because it is a major question, requiring the approval of Congress rather than authorization solely by the Secretary of Education. The Major Questions Doctrine, developed over the last several decades by the Supreme Court, requires that Congress approve of agency actions of vast political or economic significance. The article argued that the student loan forgiveness plan implicates […]

By: Jared Roberts For too long, the left has felt emboldened to tell lies about America First Republicans. Emboldened by the lack of consequences they have suffered for such lies, emboldened by the power these lies have had in upending the lives of their political adversaries, these lies have grown commonplace. Examples include lies such as calling someone a white supremacist, a Nazi, a domestic terrorist, and more. It’s time the courts do something about that. Everyone knows how reckless left-wing media has been in their storytelling about high-profile America First Republicans, but the problem runs much deeper. There are […]

By: Ben North          This year’s Falsely Accused Day, September 9, came only days before the public comment period is set to close – today – for the Biden Administration’s Proposed Title IX Regulations. On Falsely Accused Day, we remember that the capacity for dishonesty is part of the human condition and why it is important to trust the evidence in any dispute between two people. Whenever systems are arranged so that parties to a dispute have no power to advocate for themselves, the risk and incentive for false accusations increase. Unfortunately, that is exactly the kind […]