First Amendment & Media

Columns, Op-eds, Podcasts


Covering the Screen in Blood. Movie mogul Harvey Weinstein attempts to square his anti-gun convictions with his bloody, gun-riddled movies. America's 1st Freedom. April 2014.


KGNU Morning Magazine. Kopel debates former Colorado legislator Ken Gordon about Amendment 65, which will be on Colorado's November ballot. The Amendment would order Colorado's elected officials to drastically limit spending on political speech. Kopel takes the pro-First Amendment side of the issue. Sept. 19, 2012. 53 minutes.

Uncovering anti-Israel Propaganda with Philippe Karsenty. French media critic and elected official Philippe Karsenty joins Dave Kopel to discuss how one of the biggest anti-semitic hoaxes of all time was uncovered. In 2004, Mr. Karsenty set in motion a nearly decade long legal battle to blow the cover off a French TV station's deliberate hoax involving footage of a dying boy named Muhammad al-Durrah. The footage was shown on national TV and helped perpetuate anti-Jewish and anti-American terrorism for years to come. Aug. 16, 2012. 31 minutes.

Media coverage of the Aurora murders. Kevin Dale (Denver Post) on  CPT12 "Devil's Advocate" show. July 27, 2012.

Don't turn Aurora killer into celebrity. USA Today. July 19, 2012. Excerpt read by Neil Conan on National Public Radio, July 23, 2012. Analysis in Come non parlare di una strage, Il Post (Italy). July 22, 2012.

Kopel and Piers Morgan agree: Thursday would have been the better day for a gun control debate. CNN. July 19, 2012. Transcript. Coverage by Newsbusters, and by Irish Times.  CNN Reliable Sources. Howard Kurtz bemoans "a troubling thing that television does," namely the rush to "turn such an atrocity into ideological fodder while the victims are still being treated." As an example, plays Morgan/Kopel interchange, with Morgan insisting a gun control debate must take place on the night of the crime. July 22, 2012. Transcript. Video.

Kopel joins academics and religious leaders in joint letter against Obama administration's unconstitutional mandate for abortion pills. Feb. 27, 2012.


Brown v. EMA casts doubt on the “weapons effect” justification for gun control. June 27, 2011.

Dog Wars and the First Amendment. April 26, 2011.


It's Howdy Bloomy Time. Biased media coverage of a report about Mexican guns from Michael Bloomberg's gun control lobby. America's 1st Freedom. Dec. 2010.

Glenn Beck factual error. On local voting by non-citizens. October 26, 2010.

Rosary ban likely illegal, say Volokh and Kopel. October 26, 2010.

Media drove the Maes bike story, but parked for Hickenlooper. Media ignore mayor's desire to "wean" Coloradoans off automobiles., Oct. 25, 2010. corrects report on Betsy Markey’s health-care vote., Oct. 18, 2010.

Which pollsters are most accurate? When reporting on polls, media should consider 538's data about pollster accuracy., Oct. 6, 2010.

I did NOT disrespect Jay-Z. September 18, 2010.

Trimming Citizens. Efforts to restrict the free speech rights which had been protected in the Citizens United case. America's 1st Freedom, June 2010.

Big First Amendment win in United States v. Stevens. April 20, 2010.

Speech Freed! The Supreme Court's decision in Citizens United restores the free speech of civil rights groups, such as the NRA. America's 1st Freedom. April 2010.

Self-hating Wolverine. Hugh Hewitt. March 30, 2010


Does CHL Ban in Churches Violate the First Amendment? The Volokh Conspiracy. Sept. 29, 2009.

Independence Institute cert. petition in campaign finance case. September 22, 2009.

New Challenge to McCain-Feingold. Kopel explains the Citizens United case, and the Supreme Court's oral argument. Sept. 15, 2009. 11:16.

Two Gentlemen of Verona, at the Colorado Shakespeare Festival. The Volokh Conspiracy. July 20, 2009.

Did Heller matter? The New York Timess ays it did not, but Kopel details the Times' numerous omissions. Dave Kopel's Second Amendment Podcast. April 3, 2009. MP3.

Gun Rights and the Constitution: Was Heller Insignificant? An examination of last week's New York Times article, which overlooked most of the Second Amendment victories which have flowed from Heller. The New Ledger. March 26, 2009.

We'll lose more than a paper. Farewell to the Rocky Mountain News. Final edition of the Rocky Mountain News. Feb. 27, 2009.

Journalistic Stages of Grief. Brief essay in the Columbia Journalism Reviewon the closing of the Rocky. Feb. 27, 2009.

La Voz best of the bunch. Examination of seven Spanish language newspapers published in the Denver are. Rocky Mountain News/Denver Post. Feb. 21, 2009.

Dying newspapers, vanishing coverage. Rocky Mountain News/Denver Post. Feb. 7, 2009.

Rocky, Post go all out for inaugural. Rocky Mountain News/Denver Post. Jan. 24, 2009.

ProPublica's shaky facts. Article on hydraulic fracturing in natural gas extraction is full of errors. RockyMountain News/Denver Post. Jan. 10, 2009. Follow-up: My response to ProPublica's defense of its article.


Opinion Pays its Own Way. Economic changes at newspaper may lead to more "news" articles which are really opinion pieces that are provided for free to the newspaper. The non-profit organization ProPublica is showing how to do this. Rocky Mountain News/Denver Post. Dec. 27, 2008.

blog: Boys go to ESPN to get more stupider. 12/22/08.

Web, not bias, offing papers. Craigslist and declining literacy are why newspapers are in mortal peril. Ideological bias is a real problem, but not main threat to survival. Rocky Mountain News/Denver Post. Dec. 13, 2008.

The media-violence link. New Dutch study suggests newspapers, TV wise to show discretion. Rocky Mountain News/Denver Post. Nov. 29, 2008.

Evaluating Rocky, Post pre-election polling. The papers were right on the President and Senate race, but wrong on almost all the ballot issues. Rocky Mountain News/Denver Post. Nov. 15, 2008.

Election chaos online. The Denver Post's online ballot tool is imperfect, but much than that of the News. Rocky Mountain News/Denver Post. Nov. 1, 2008.

Columnist has his own paranoid style. Rocky Mountain Newscolumnist (and University of Colorado law professor) Paul Campos used the famous essay, "The Paranoid Style in American Politics", by historian Richard Hofstadter as the template for a column criticizing Republicans. Kopel's column suggests that--at least based on the evidence within Campos's column--"the paranoid style" was more accurate as a description of Campos's own approach.Rocky Mountain News/Denver Post. Oct. 18, 2008.

CAIR's complaints about DVD hollow. Fringe group not worth notice media gives it. Rocky Mountain News/Denver Post. Oct. 4, 2008. The media should not have wasted space covering the Council on American-Islamic Relations' bogus complaints about the movieObsession, which warns of the dangers of radical violent Islamists.

Post's bloggers beat Rocky's tweeters. Twitter's limitations a detriment to reporting. Also, theNewsTruth Patrol gets mixed up by the Bush doctrine, and RockyTalk Live overstates Palin's popularity. Rocky Mountain News/Denver Post. Sept. 20, 2008.

Media's hypocritical fixation on Palin a boon to McCain. Culture wars now a factor in campaign. Rocky Mountain News/Denver Post. Sept. 6, 2008.

Was MLK a Republican or not? Rocky Mountain News. Aug. 29, 2008. Also, the specialized press at the Democratic National Convention, and under-coverage of Obama's ground game advantage.

Text and Twitter your way to victory. Rocky Mountain News. Aug. 28, 2008. Obama's brilliant use of social networking.

Full Picture of Obama Emerging. Rocky Mountain News. Aug. 27, 2008. What the media hasn't told you about the socialist, racialist, Barack Obama Sr. Plus bogus claim from Time that older Jewish voters who don't back Obama must be racist.

Interfaith Speakers Raise Questions. Rocky Mountain News. Aug. 26, 2008. Sister Helen Prejean and the head of the Islamic Society of North America.

Al-Jazeera analysis of Biden severely flawed. Rocky Mountain News. Aug. 25, 2008. Also covers "rum, Romanism, and rebellion."

In its obsession with Polis, Times misses other news. Newspaper blinded by gay candidate's success. Rocky Mountain News. August 23, 2008.

Political websites for the insatiable. A survey of some of Colorado's best political websites. Rocky Mountain News/Denver Post. August 9, 2008.

Papers mishandle Bruce allegations. Now, they should name his accuser. Also McCain's dog-whistle in TV ad appeals to anti-Tancredo voters.  July 26, 2008.

McCain protester coverage limited. Obama campaign's restrictions overlooked. Rocky Mountain News/Denver Post.July 12, 2008.

Dailies' Haditha coverage admirable. More even-handed than national media. Rocky Mountain News/Denver Post.June 28, 2008.

Privacy concerns at Post. New database listing state employees names and salaries is a bad idea. Rocky Mountain News/Denver Post. June 14, 2008.

Dailies shrug off Libertarian confab. The American Spectator and The Colorado Independent provided the best coverage of the Libertarian Party presidential nominating convention in Denver. Rocky Mountain News/Denver Post. May 31, 2008.

At 'Westword,' the sh-- must go on. Substance too often makes way for scurrility. Plus, pets and the housing "crisis," credulous coverage over possible Denver-Tokyo non-stop flights. Rocky Mountain News/Denver Post. May 17, 2008.

Barr, Limbaugh go too far. Radio hosts talk of riots in Denver. Rocky Mountain News/Denver Post. May 3, 2008.

Regrettably, Rhodes returns to radio. Progressive shock jock less than thoughtful. Rocky Mountain News/Denver Post. April 19, 2008.

McCain preachers merit scrutiny, too. Rocky Mountain News/Denver Post. April 5, 2008.

Do Rocky, Post give Dems a break? Analysis of two recent scandals says they do. Rocky Mountain News/Denver Post, Mar. 22, 2008.

Too often a crutch. Studies important enough to mention in a story should be cited. Rocky Mountain News/Denver Post, Mar. 8, 2008. Analysis of Katy Human's flawed Denver Postarticle about what "studies have shown" about subsidized health insurance for children. And more general problems about use of "studies have shown" without citation to the studies.

Relying too heavily on press releases. Rocky failed to get the other side of issue. Rocky Mountain News/Denver Post, Feb. 23, 2008. Miscoverage of the effect of man-made chemicals on human and animal reproduction. Also, another falsehood from Maureen Dowd, and Gannett's effort to take over the Colorado State University newspaper.

Polls have their place. Though sometimes off-base, they add spice to the political season. Rocky Mountain News/Denver Post, Feb. 9, 2008. off to a promising start. Web site promotes understanding of both sides. Rocky Mountain News/Denver Post, Jan. 26, 2008.

Politics from the Stump to the Web. A few tips for navigating the '08 campaign. Rocky Mountain News/Denver Post, Jan. 12, 2008.


Let news figures comment further. Google News leads the way for local media. Rocky Mountain News/Denver Post, Dec. 29, 2007.

Reducing the risk of copycat killers. How papers can avoid glorifying perpetrators. Rocky Mountain News/Denver Post, Dec. 15, 2007.

Columnist's howl replaces reason. Virulent attack on Tancredo by Paul Campos unsupported. Rocky Mountain News/Denver Post, Dec. 1, 2007. Note: this article briefly and favorably mentions a column about the Annapolis Conference; the author of that column was David Ignatius, not David Sirota.

Do endorsements by papers matter? Rocky Mountain News/Denver Post, Nov. 17, 2007.

Paltry Denver Access? For some Rockies fans, that's what PDA stood for during World Series. Rocky Mountain News/Denver Post, Nov. 3, 2007. Also, increased CO2 emissions from inefficient E-85 fuel.

Photo illustrating story clouds issue. Brown cloud not the result of CO2 emissions. Rocky Mountain News/Denver Post, Oct. 20, 2007. Plus more global warming coverage, the Coors-Miller merger, the Udall-Schaffer race, and public opinion on the death penalty.

Stories about slain 'shield' lacking. Media miscoverage of Rachel Corrie and her terrorist-assisting International Solidarity Movement. Rocky Mountain News/Denver Post, Oct. 6, 2007.

It's how you use the space you have. Longer stories offer better chance for depth. Plus, corporate welfare for movie companies, coverage of ex-gays, and the Duke rape hoax. Rocky Mountain News/Denver Post, Sept. 22, 2007.

New Post Web site uses Internet well. Weblogs best part of Rocky Mountain News/Denver Post, Sept. 8, 2007.

Surveillance tactic. Radio host Dan Caplis's plan to videotape patrons of a swingers club is a terrible idea. Rocky Mountain News/Denver Post, Aug. 25, 2007.

A plus and a minus in the Post. Two stories about consequences of immigration reform hit and miss. Also, Kopel laments the continued shrinking of printed newspapers. Rocky Mountain News/Denver Post, Aug. 11, 2007.

Case against flying not so airtight. Debunks the claim that long-haul air travel produces more CO2 than driving the same distance in a SUV. The column also criticizes newspapers which published pre-publication reviews of the new Harry Potter book. Rocky Mountain News/Denver Post, July 28, 2007. keeps tabs on Fox News. Similar watchdogs good idea for other networks. Rocky Mountain News/Denver Post, July 14, 2007. Plus, Colorado's most influential political blogs, and the Post's non-correction of a ridiculous statement wrongly attributed to Colin Powell.

Media reaching out. And here are a few tips for how you can take advantage of the trend. Rocky Mountain News/Denver Post, June 30, 2007.

A-Rod's indiscretion has no place on front page. Denver dailies wisely shun lurid tale. Plus: media ignores success of new Colorado anti-illegal immigration law; theatre critics underplays spy threat during the 1950s; new Issue Paper on O'Reilly, Caplis & Silverman falsehoods about Boulder High. Rocky Mountain News/Denver Post, June 16, 2007.

Talk-show hosts amok. If most parents aren't upset, why do Caplis, Silverman carry on so? Rocky Mountain News/Denver Post, June 2, 2007. Falsehoods and misinformation in the campaign against Boulder High School by Bill O'Reilly and the Caplis & Silverman Show.

On the hustings. The good and the bad of Rocky's, Post's campaign trail coverage. Rocky Mountain News/Denver Post, May 19, 2007. Plus the lie that Timothy McVeigh was a Christian.

Why Reveal Who's Concealed? What possible motive could some arrogant anti-gun newspapers have for publishing the names of Right-to-Carry permit holders? America's 1st Freedom, May 2007. by Paul Gallant, with David B. Kopel and Joanne D. Eisen.

Echoes of abortion fraud. Were 1967's legislators, like 2007's Rocky, duped by false figure? Rocky Mountain News/Denver Post, May 5, 2007.

Airing, publishing killer's photos, rants reckless. Publicity a fresh inducement to mass murderers. Rocky Mountain News/Denver Post, April 21, 2007.

Hits and misses for dailies as Tancredo enters race. Announcement coverage merely adequate. Also Diana Carman's bigotry about talk radio fans; misleading summary of academic research on taxi deregulation; false legitimacy for "female circumcision". Rocky Mountain News/Denver Post, April 7, 2007.

Internet humming with Nacchio trial coverage. Blogs, Web sites rife with insight, info. Rocky Mountain News/Denver Post, Mar. 24, 2007.

Coulter and Campos: Two sides of the same coin. One's right, one's left, but both often too shrill. Rocky Mountain News/Denver Post, Mar. 10, 2007.

A service to homebuyers. Though flawed, Post's cautionary tale valuable. Rocky Mountain News/Denver Post, Feb. 24, 2007.

Climate report too quickly embraced by journalists: Post columnist, others strangely unskeptical. Rocky Mountain News/Denver Post, Feb. 10, 2007. criticizes the press for its overly credulous reporting of the latest output from the UN's Intergovernmental Panel on Climate Change. The column also looks at media coverage of a bill to mandate HPV vaccines for 6th grade girls; the factoid that only 2% of rape accusations are false; and the lingering influence of Michael Bellesiles on "The Mini Page."

Big changes mean a smaller Rocky. City-side columnists see a major shift in location. Rocky Mountain News/Denver Post, Jan. 27, 2007. Plus columnist Bill Johnson's libel of the Swift executives, and the unnoticed evidence that the legislature's crackdown on illegal aliens is causing them to leave Colorado.

Daily stubbornly refuses correction. Review of Owens governorship included mischaracterization of ex-Rep. Schaffer. Rocky Mountain News/Denver Post, Jan. 13, 2007. Plus a survey of some of Colorado's best weblogs.


Tech glitches mar electronic editions. Online replicas of print News and Post prove difficult to read and navigate. Rocky Mountain News/Denver Post,Dec. 30, 2006.

The 'other' Tancredo ignored. From local media, you'd never know he's a big Taiwan backer. Rocky Mountain News/Denver Post,Dec. 16, 2006.

Columnist is out of his depth. Campos forgets rules of civil discourse in effort about war. Rocky Mountain News/Denver Post,Dec. 2, 2006. Also: the hypocrisy and deceptive omissions of Colorado Media Matters.

Media crossed line in Haggard 'outing'. Radio, dailies, TV yielded to their basest instincts in abetting attack on privacy. Rocky Mountain News/Denver Post,Nov. 18, 2006.

News out of joint on marijuana. Slang misuse, failure to check assertions hurts its coverage. Rocky Mountain News/Denver Post, Nov. 4, 2006.

Fair, balanced? Not our dailies. Think tank study finds News, Post toe the establishment line. Rocky Mountain News/Denver Post, Oct. 21, 2006.

Only press itself can stop copycats. Killers, suicides thrive on publicity given those who perpetrated earlier crimes. Rocky Mountain News/Denver Post,Oct. 7, 2006.

Ballot Builder has a ways to go.'s service a nice try, but no cigar. Plus, coverage of Rosie O'Donnell's hate speech. Rocky Mountain News/Denver Post,Sept. 23, 2006.

CU prof ethical in dealings with law. JonBenet Ramsey case maven was right to help police apprehend suspect Karr. Rocky Mountain News/Denver Post,Sept. 9, 2006.

Owens the master in JonBenet case. Governor has artfully manipulated media with his pronouncements about slaying. Rocky Mountain News/Denver Post,August 26, 2006.

Were front-page photos staged? Images from Qana raise issue of whether media were manipulated. Rocky Mountain News/Denver Post,August 12, 2006.

Beauprez's gun policy mangled. Plus, stem cells, Microsoft suit against software pirates, bait-and-switch ads. Rocky Mountain News/Denver Post,July 29, 2006.

Deficient stories hinder debate. Incomplete reports don't help our grasp of immigration issue. Rocky Mountain News/Denver Post, July 15, 2006.

Epic battle for press freedom. In 1905, News owner took on a compromised supreme court. Rocky Mountain News/Denver Post, July 1, 2006.

Failing to get the poop on Ensz. Post, News come up short on dog-feces-in-mail-slot story. Rocky Mountain News/Denver Post, June 17, 2006. Plus, Paul Campos misreads InstaPundit, Diane Carman falls for General Motors trolley car hoax, and The Nationwrongly charges the Colorado Rockies baseball team with racism.

Climate alarmism a perennial. Study: Journalists have often blown hot and cold on issue. Rocky Mountain News/Denver Post, June 3, 2006. Plus, local media ignore Owens' call for illegal alien amnesty.

Churchill report finds News on top. Web site had more extensive coverage - and quicker - than its rival at the Post. Also, media bashing of Colorado Springs and its elected officials and congressional candidates because of their un-p.c. stands on some social issues. Plus chess and poker coverage. Rocky Mountain News/Denver Post, May 20, 2006.

Dailies fall flat in full rally coverage. Essential aspects of story go unreported, hard questions unasked by News, Post. Rocky Mountain News/Denver Post, May 6, 2006.

Dailies are reliably pro-illegals. Critics little cited; columnists of one mind about the issue. Rocky Mountain News/Denver Post,April 22, 2006.

Tattered Cover again Shows Grit. Plus, polling on illegal immigration; Palestinian Authority financial crisis. Rocky Mountain News/Denver Post, April 8, 2006.

So much left out of Saddam stories. Documents, videos potentially explosive, but News, Post coverage only minimal. Plus, the lies of Mahmoud Abbas and Scott Ritter.Rocky Mountain News/Denver Post,March 25, 2006.

Imam's critic shortchanged. Coverage of Sheikh Ekrima Sabri gave his record a pass. Rocky Mountain News/Denver Post, March 11, 2006.

Alternative Media. Kopel MP3 podcast. March 8, 2006.

Media skip other side of Sharpton. 'Hate-crime perpetrator' given a pass by Denver dailies et al. in CU appearance. Rocky Mountain News/Denver Post, Feb. 25, 2006.

Cartoon quarrel deadly serious. Free world must decide - will it submit to de facto sharialaw or assert its rights. Rocky Mountain News/Denver Post, Feb. 11, 2006.

Did blogosphere influence vote? Corruption inquiry covered only on Web might have tipped Canadian election. Rocky Mountain News/Denver Post, Jan. 28, 2006. Plus New York Timesdeception on Niger uranium, and media refusal to cover local abortion rally.

Criticism of bias study is silly. Source of funding-right or left-needn't negate evidence. Rocky Mountain News/Denver Post, Jan. 14, 2006.


New study detects media's liberal tilt. Professors find most media 'significantly to the left of the average U.S. voter'. Rocky Mountain News/Denver Post, Dec. 31, 2005.

Report cards preview shaky. Without evidence, Post leaps to conclusion of unreliability. Rocky Mountain News/Denver Post, Dec. 17, 2005.

News restrained to a fault over CU. 'Nationally advertised disaster' of rabble at game scarcely noticed by Denver daily. Rocky Mountain News/Denver Post, Dec. 3, 2005.

Book on CU scandals imperfect. Slim citations, faulty reporting mar worthwhile "Buffaloed". Rocky Mountain News/Denver Post, Nov. 19, 2005.

Post reverts to its one-time hysterics. Extremist rhetoric, deceptive reporting (by News, too) colored coverage of Ref C. Rocky Mountain News/Denver Post, Nov. 5, 2005.

Cheater prospers, after all. Contrast coverage of Briscoe, Romo: the wrong message. Rocky Mountain News/Denver Post, Oct. 22, 2005.

Case of the phantom protester. News columnist Bill Johnson and the anti-abortion picketer. Rocky Mountain News/Denver Post, Oct. 8, 2005.

U.S. Web firms aid in repression. Yahoo!, Google, Microsoft complicit in China's stranglehold on information. Rocky Mountain News/Denver Post, Sept. 24, 2005.

New Orleans city officials off hook. 'Stunningly incompetent' Mayor Nagin given a pass by Denver's News, Post. Rocky Mountain News/Denver Post, Sept. 10, 2005. Also: cartoonists push junk science; paper promote illegal Internet gambling; Newsomits key fact in Gaza story.

Sheehan's radical views little noted. Despite heavy coverage, nation's press strangely reluctant to report all she says. Rocky Mountain News/Denver Post, August 27, 2005.

New Web site math challenged. Odds are that Colorado Pols won't be taken very seriously. Rocky Mountain News/Denver Post, Aug. 13, 2005.

Media-blasting book vanishes. Publisher drops exposé of CU coverage after lawyer's letter. Rocky Mountain News/Denver Post, July 30, 2005. Plus scientific research on human embryos, and the famine in Niger.

Withholding news has merit. Rocky Mountain News/Denver Post, July 16, 2005. When the media should put more important interests ahead of the right to publish certain facts.

The trouble with columnists. Local opinion brokers struggle with facts, reality in their work. Rocky Mountain News/Denver Post, July 2, 2005.

Tragedy in Africa gets scant notice. Denver dailies, like others around U.S., find little room to cover continent's woes. Rocky Mountain News/Denver Post, June 18, 2005. Ethiopian genocide against the Anuak. Zimbabwe genocide by starvation. Congo civil war and genocide. Sudanese genocide.

Hyperbole Taints Gitmo Coverage. Comparing death-free Guantanamo to murderous gulags grossly misleading. Rocky Mountain News/Denver Post, June 4, 2005. Plus slanted coverage of gay rights, and media blindness about the Iran nuclear weapons program.

Newsweek's bad streak hits home. First the Quran debacle, then magazine's dubious elevation of a local high school. Rocky Mountain News/Denver Post, May 21, 2005. Plus an error-ridden article about the 1992 Amendment 2 anti-gay rights ballot initiative. Israel's 57th year of independence is covered solely with a biased A.P. story whitewashing the 1948 Arab war against Israel.

Confusion over Charter Schools. Rocky Mountain News/Denver Post, May 7, 2005. Post story slanted against charter schools. Plus Guiliana Sgrena and Wayne Laugesen. And an explanation of "write-thrus."

Shameless dailies run deceptive ad. 'Bait-and-switch' in wake of pope's death misleads readers, exploits the faithful. Rocky Mountain News/Denver Post, April 23, 2005. Plus: undercoverage of Benedict XVI's intellectual record. Over-coverage of failed anti-American demonstration in Baghdad.

Papal coverage here magnificent. But Catholics don't get a 'free ride' as veto of controversial bill runs afoul of Post. Rocky Mountain News/Denver Post, April 9, 2005.

On Balance, Post has Less. Recount of columnists tips the content scale to News. Rocky Mountain News/Denver Post, Mar. 26, 2005. Plus the FBI "terrorist" list and gun sale checks, and a misleading photo of the olden days at the Rocky Mountain News.

CU's academic culture ignored. Post columnist nearly alone in probing 'dysfunctional' milieu. Rocky Mountain News/Denver Post, Mar. 12, 2005. Plus the academic freedom cases of Phil Mitchell at CU, and George Forsyth at CSU. And the unfair treatment of Liquor Mart, and the Baby 81 hoax.

Post less gullible in Baby 81 hoax. It carried only 2 stories to the News' 9; AP reports rife with unsupported 'facts'. Rocky Mountain News/Denver Post, Feb. 26, 2005. Plus media non-coverage of U.N. sex abuse, and coverage of the Saudi high school in Virginia that produced the man accused to trying to assassinate President Bush.

Media Uneven in Churchill Rumpus. Westword first, but News, KHOW best as blogs, other news outlets play catchup. Rocky Mountain News/Denver Post, Feb. 12, 2005.

Bill Moyers and the Politics of Delusion, 1/31/05.

Optimism in Iraq sniffed at here. Mostly positive pre-election poll of Iraqi voters given short shrift in Denver. Rocky Mountain News/Denver Post, Jan. 29, 2005.

Post misses boat on Hefley move. Even News barely notes role of rules in congressman's loss of ethics panel chair. Rocky Mountain News/Denver Post, Jan. 15, 2005. Plus fraud in the real estate section, and coverage of Sri Lanka.

Gadfly's Web site rough, effective. Zinna's Jeffco Exposed needs work, but attempted trick shows some are rattled. Rocky Mountain News/Denver Post, Jan. 1, 2005.


Global Warming Debate Heats Up. There's more - and less - to the story than most media would have us believe. Rocky Mountain News/Denver Post, Dec. 18, 2004.

Junk Science: Take it with a grain of salt., Dec. 6, 2004. The greatest junk science stories of the year.

Dutch descend into barbarism. Denver dailies soft-pedal the killings of newborns under Groningen Protocol. Rocky Mountain News/Denver Post, Dec. 4, 2004. Plus analysis of coverage of the democracy movement in the Ukraine, the UN scandals, and the Alabama state constitutional referendum.

Arafat coverage. Stories in wake of Palestinian leader's death misleading and morally bankrupt. Rocky Mountain News/Denver Post, Nov. 20, 2004.

Political ignorance plays no favorites. Study says many voters 'know-nothings'; 2004 election winners, losers recapped.  Rocky Mountain News/Denver Post, Nov. 6, 2004.

Archbishop takes his media lumps. Leader of Denver's Catholic community a lightning rod for nation's pundits. Rocky Mountain News/Denver Post, Oct. 23, 2004.

CBS peddling bogus draft fears. Local papers do better job of finding truth behind Dem-inspired red herring. Rocky Mountain News/Denver Post, Oct. 9, 2004.

Citizen journalists bring CBS to heel. Balance of 'information power' shifting after bloggers pounce on memo fiasco. Rocky Mountain News/Denver Post, Sept. 25, 2004.

Dailies Overlook Military Advances. Revolutionary developments in strategy, tactics given scant attention in Denver. Rocky Mountain News/Denver Post, Sept. 11, 2004.

Vets' end run irks traditional media. Bush-loathing press frustrated at inability to squelch Swift Vets' anti-Kerry efforts. Rocky Mountain News/Denver Post, August 28, 2004.

Kerry's Cambodia Troubles Ignored. Denver dailies assail candidate's foes but cold-shoulder the issues they raise. Rocky Mountain News/Denver Post, August 14, 2004.

Dailies best when covering Denver. News, Post just can't beat the Internet for national and international reporting. Rocky Mountain News/Denver Post, July 31, 2004.

Press loath to tell rest of Wilson story. When diplomat's report is disputed, headlines vanish. Rocky Mountain News/Denver Post, July 17, 2004. Also, review of a terrible book review of What's the Matter with Kansas?

Dailies' strengths, weaknesses ID'd. Newsbest for full picture on Iraq, but for crucial legal issues, Post is tops. Rocky Mountain News/Denver Post, July 3, 2004.

Media's Reagan tune has changed. Glowing coverage of ex-president's death in sharp contrast with earlier treatment. Rocky Mountain News/Denver Post, June 19, 2004. Coverage of anti-military protests and other foreign policy issues, from June 1982.

Press accentuates negatives of Iraq. Media's obsessive lingering on problems neglects the many positives of situation. Rocky Mountain News/Denver Post, June 5, 2004. Plus NPR bias, Israel coverage.

A Dementor Short. Mugglewear Casual mars Harry hat trick. Reason Online. June 4, 2004. Review of Harry Potter and the Prisoner of Azkabanmovie.

The Influence of Michael Moore. "On Point," hosted by Tom Ashbrook, WBUR radio Boston (nationally syndicated). Kopel and Jim Hightower discuss Michael Moore, beginning at 17:30 into the show. Archived for Real Player.

Air America: the good and the bad. 'O'Franken Factor' rivals best right-wing programs, but 'Rhodes Show' is awful.  Rocky Mountain News/Denver Post, May 22, 2004.

Possibly big U.N. scandal slighted. Newsbetter at covering investigation into potential oil-for-food program corruption. Rocky Mountain News/Denver Post, May 8, 2004.

Exaggeration-itis afflicting papers. Economic, political characterizations fall victim to lack of perspective at News, Post. Rocky Mountain News/Denver Post, April 24, 2004. Record gas prices, "ultraconservatives," and "the extreme right."

Ordinary journalistic standards still prove elusive in CU story. Rocky Mountain News/Denver Post, April 10, 2004.

It's not what's on TV, it's TV itself. Too much television time creates children uninterested in self-restraint or empathy. Rocky Mountain News/Denver Post. March 27, 2004.

Media goes all fuzzy on protest. Lack of specifics, perspective on figures used by Auraria students hurts coverage. Rocky Mountain News/Denver Post, March 13, 2004. Plus Nelson Rockefeller's divorce, dubious statistics about "hate crimes" against homosexuals, and attacks on George Bush's campaign advertisements.

Press ambushes CU football coach. Denver media unapologetically subject Barnett to raw character assassination. Rocky Mountain News/Denver Post, Feb. 28, 2004.

KOA's Dan Caplis a radio treasure. Lawyer/talk-show host is go-to guy for invaluable insights on Colorado stories. Rocky Mountain News/Denver Post, Feb. 14, 2004. Plus the "imminent" canard about Iraq. Americans with Disabilities Act coverage.

Post gets medical pot story right. Dispute over Hayden man's possession of marijuana is not yet in federal court. Rocky Mountain News/Denver Post. Jan. 31, 2004.

Facts don't muddy columnist's views. Sports writer apparently untroubled by historical accuracy, nonexistent sources. Rocky Mountain News/Denver Post. Jan. 17, 2004. On Denver Post sports columnist Mark Kiszla. Plus Washington Post coverage of the FBI's warning about suspicious people with almanacs.

Newsom Wins One. A First and Second victory.National Review Online. Jan. 8, 2004. Fourth Circuit rules that school cannot prohibit student from wearing NRA Shooting Sports Camp t-shirt.

Blogs unearth dubious sources. Theories finger military for earthquake, illness, but who's behind these stories?Rocky Mountain News/Denver Post. Jan. 3, 2004. The junk scientist behind the hysteria over depleted uranium and other falsehoods about the U.S. military. 


News columnist scores a coup. Report on Baghdad anti-terrorism rally one more Iraq item ignored by others. Rocky Mountain News/Denver Post. Dec. 20, 2003. Plus coverage of the trendy restaurant named for the genocidal tyrant "Mao," bogus statistics about the homeless, and the new government in Switzerland.

Sloppy advocacy journalism ID'd. Thinly veiled support for identity-theft legislation takes form of story at Post. Rocky Mountain News/Denver Post. Dec. 6, 2003. Plus, the disgraceful Associated Press story whitewashing Paul Robeson's love of Stalin and hatred of America. And a column by Bill Johnson giving a very incomplete account of a young man's suicide.

It's not hard to spot the fallacies In columns and news stories. City's dailies promulgate 'facts' that are anything but. Rocky Mountain News/Denver Post. Nov. 22, 2003. False claims that most of the people counted as "homeless" are all living on the street; that the partial-birth abortion ban lacks an exception for maternal life; and that most victims of war are women and children. Plus the amazing errors of Supreme Court history in a recent column by Steven and Cokie Roberts.

Implication goes too far in column. Strong suggestion that woman underwent partial-birth abortion likely misled readers. Rocky Mountain News/Denver Post. Nov. 8, 2003. Also, Ann Telnaes' anti-Christian hate cartoon, and asbestos litigation reform.

Déjà vu in a liberated Iraq. Winning the war is half the battle; what's harder is winning hearts. Rocky Mountain News/Denver Post. Oct. 25, 2003.

All sides support jury rights idea. Dailies say 'conservative groups' behind concept, but ranks of supporters diverse. Rocky Mountain News/Denver Post. Oct. 11, 2003. Plus defamation by the Anti-Defamation League, and the Denver Post's fabrication of an "appearance of impropriety" about Governor Owens' chief of staff.

Ultimately, Fox is not the problem. European dismay with trends in U.S. misdirected at television news network. Rocky Mountain News/Denver Post. Sept. 27, 2003.

Columnists jump on Owens' woes. Marital troubles of governor, wife become grist for two commentators. Also looks at Cruz Bustamante's connection to MEChA. Rocky Mountain News/Denver Post, Sept. 13 , 2003.

West Nile fails to stir DDT debate. Mosquito-borne illness kills Coloradans but merits of banned pesticide ignored. Rocky Mountain News/Denver Post, Aug. 30 , 2003.

Readers fishing for perspective. Post wire story left out important facts about low cancer risk of farm salmon. Rocky Mountain News/Denver Post, Aug. 16 , 2003

Other nations censor speech critical of homosexuality as "hate speech," 8/5/03.

Religious matters get PC treatment. Dailies go with the flow, but each knows which side its bread is buttered on. Rocky Mountain News/Denver Post, Aug. 2 , 2003. The media's fawning treatment of three nuns in the Plowshares movement who were recently sentenced to federal prison for vandalizing a defense facility. The column also looks at coverage of the Catholic sex abuse scandals, and at coverage of St. Juan Diego, the Mexican Indian who saw the Virgin of Guadeloupe in 1531.

Hunting/fishing coverage on rise. Denver dailies in dead heat; Boulder's Camera excels at other outdoor sports. Plus the identity of advice columnists, and chess coverage. Rocky Mountain News/Denver Post, July 19, 2003.

Distortions mar Bighorn stories. Culturally biased coverage of the new Indian monument at Little Bighorn. Plus factoids about war deaths, and bogus claim that Colorado death penalty is racist. Rocky Mountain News/Denver Post, July 5, 2003.

Two points about WMDs neglected . Did Clinton and those who authorized Resolution 1441 lie about Saddam, too? Rocky Mountain News/Denver Post, June 21, 2003. Plus a look at Swiss and French newspapers.

Gray Gun Stories. The New York Times' dishonest and mean-spirited coverage of the gun issue. National Review Online. June 9, 2003. With Paul Blackman.

New standards for accuracy should be set up immediately. Rocky Mountain News/Denver Post, June 9, 2003. New York Times resignations, Maureen Dowd's lie, Microsoft market share, trans fats.

Dowd's elision elicits derision. When she twisted quote by president, New York Times columnist went too far. Rocky Mountain News/Denver Post, May 24, 2003. Plus the lack of diversity at the New York Times, second-hand smoke, and "lynching" in South Carolina.

Anti-Israel bias by Chris Hedges of the N.Y. Times. 5/23/03.

Crown jewels: UK newspapers. Aside from a few unworthies, Great Britain's dailies offer some fine reading. Rocky Mountain News/Denver Post, May 10, 2003.

News tars Hootie with Klan brush. Controversial golfing figure is unfairly associated with racist organization. Rocky Mountain News/Denver Post, April 26, 2003. Also looks at media's popularity during Watergate and the Pentagon Papers, plus more on "war activists" and the Denver Mayoral race.

blog: "Heywood Jablome" hoax, 4/22/03.

'Peace activist' or 'war activist'? Media should take greater care in their labeling of participants in conflicts. Rocky Mountain News/Denver Post, April 12, 2003. Also examines the Pearl Jam controversy, and the racist attack on Don Mares.

Bowling Truths. Michael Moore’s mocking. National Review Online. Apr. 4, 2003. Deconstructing the dishonest documentary.

In Gulf War II, old giants are passé. In early days of Iraqi war, Denver's 7 was the clear leader in news coverage. Rocky Mountain News/Denver Post, Mar. 29, 2003. Plus Rachel Corrie, Supreme Court gay rights case, hockey playoffs, and censorship of sports stars.

Devil's in details about uninsured. Biased coverage by newspapers often revealed in facts that went unreported.  Rocky Mountain News/Denver Post, Mar. 15, 2003. Deconstructing the "41 million uninsured Americans" factoid. Plus immigrants and Medicaid, abortion protests as "racketeering," and misuse of "alleged."

Tancredo ill used by News reporter. Congressman has a bad idea, but writer shouldn't let personal bias color his story. Rocky Mountain News/Denver Post, Mar. 1, 2003. Fencing the Mexican border. Iraqi stock market. Jihad demonstrators. NPR station can't handle diversity. Affordable housing. Russian nuclear facility.

Relying on dailies not enough today. Internet supplements papers whose space constraints limit global coverage. Rocky Mountain News/Denver Post, Feb. 16, 2003. Arab celebrations of Columbia tragedy. Franco-German support for Saddam WMD program. Gay rights polling. More on the Communists behind many anti-war protests.

Media trip up in protest coverage. Rocky Mountain News/Denver Post, Feb. 2, 2003. Media ignore the Communists organizing anti-war protests. Phony media claims that Bush is promoting a special SUV tax break.

Other side of the equation missing. Some recent science-related stories have fallen short when it comes to balance. Rocky Mountain News/Denver Post, January 19, 2003. Discusses global warming, polar glaciers, Clean Water Act, Bush tax cuts, sex abuse of nuns.

Media were real Christmas Grinch. Gloomy headlines told inaccurate story about the reality of holiday retail sales. Also, discusses anti-gun sneers by sportswriters, and sportswriters who don't understand odds calculation. Rocky Mountain News/Denver Post, Jan. 5, 2003.


Readers take Ken, Cal to woodshed. Postregulars Hamblin, Thomas garner most votes in 'Can the Columnist' contest. Rocky Mountain News/Denver Post, Dec. 22, 2002.

Reader challenge: Can the columnist. Too liberal? Too right-wing? Or just bad? Which opinion writers would you dump? Rocky Mountain News/Denver Post, Dec. 8, 2002. Column also reviews The News about the News: American Journalism in Peril, by Leonard Downie and Robert Kaiser.

Papers could drop Dowd with ease. She and fellow N.Y. Times columnist Nicholas Kristof are second-raters of late. Rocky Mountain News/Denver Post, Nov. 24, 2002. Column also reviews Todd Gitlin's book Media Unlimited: How the Torrent of Images and Sounds Overwhelms Our Lives.

Political pollsters among big losers. Opinion trackers for News, Post seemed to be off target more than usual this year. Rocky Mountain News/Denver Post, Nov. 10, 2002.

Fox 31 misleads on 'sniper' rifles. Despite news segment's claims, it takes more than mouse click to obtain firearms. Rocky Mountain News/Denver Post, October 27, 2002.

Shot Through the Heart. Anti-hunting propaganda on Showtime. Review of "Bang Bang, You're Dead." National Review Online. Oct. 16, 2002. With James Swan.

'Raines of Error' blights NY Times. News, Post only make matters worse by unquestioningly reprinting its stories. Rocky Mountain News/Denver Post, October 13, 2002.

Dailies' stories on Tancredo slanted. Denver Post, particularly, indulged in 'bad journalism in service of liberalism'. Rocky Mountain News/Denver Post, Sept. 29, 2002.

Islamic extremists in U.S. overlooked. Domestic Muslims who sympathize with al-Qaida, other terror groups little noticed. Rocky Mountain News/Denver Post, Sept. 15, 2002.

Dailies ignoring Zimbabwe crisis. Rocky Mountain News/Denver Post, Sept. 1, 2002. Mugabe prepares for genocide.

Complex issues, one-sided stories. Media excel at presenting one side of a debate. Rocky Mountain News/Denver Post, August 18, 2002. Campaign finance "reform," bilingual teachers, African debt, vaccinations.

Reading on reading between the lines. A few books that can help one become a more discerning consumer of the news. Rocky Mountain News/Denver Post, Aug. 4, 2002.

Suicide Statistics. Rocky Mountain News/Denver Post, July 28, 2002.

Smoking hottest hot-button issue. Rocky Mountain News/Denver Post, July 14, 2002.

Media too often politicize courts. Sometimes cases are actually decided on merits, without any political overtones. Rocky Mountain News/Denver Post, July 7, 2002.

Paper blowing scientific smoke. Post's coverage of possible smoking ban in Fort Collins comes up short on 'facts'. Rocky Mountain News/Denver Post, June 30, 2002.

Elliptic articles leave us in dark. Incomplete stories obscure more than they reveal, doing disservice to readers seeking bigger picture. Earl Hilliard's primary; the terrorist attack on an Israeli kindergarten; global warming and the EPA's illegal use of junk science. Rocky Mountain News/Denver Post, June 16, 2002.

Meth lab video fearmongering. TV program pits neighbors against each other in government's crackdown on illicit drug factories. Rocky Mountain News/Denver Post, June 2, 2002.

AP twists truth about Fortuyn: Wire service's characterization of slain politician completely at odds with his actual stated positions. Rocky Mountain News/Denver Post, May 19, 2002.

Post, News flay reputations of 2. Character assassinations of right-wing politicians span globe, cross bounds of ethical journalism. Rocky Mountain News/Denver Post, May 5, 2002. Analysis of coverage of Pim Fortuyn and Tom Tancredo. Independent Gay Forum analysis of this article.

Two hysterical drinking stories. Wire reports about college students and alcohol mixed ridiculous assumptions, sloppy journalism.Rocky Mountain News/Denver Post, Apr. 21, 2002.

Mideast stories lack critical info. Too many witnesses and 'experts' go unidentified in Times and AP stories carried by Post and News. Rocky Mountain News/Denver Post, Apr. 7, 2002.

Post treatment of study shoddy: Daily apes public health department's viewpoint without giving report a thorough examination. Rocky Mountain News/Denver Post, March 24, 2002.

Pearl's history barely reported. News, Post give little notice to crucial importance of slain Journal reporter's religious background. Rocky Mountain News/Denver Post, Mar. 10, 2002.

Post columnist incites outrage. Woody Paige's anti-Mormon diatribe incenses thousands of readers and ends in profuse apologies. Rocky Mountain News/Denver Post, Feb. 24, 2002.

Farmers' plight given its due. Oregon conflict among 2001's wrongly neglected stories, site says, but Denver dailies did cover it. Rocky Mountain News/Denver Post, Feb. 10, 2002.

Dailies shoot from hip, miss. Mischaracterizations of D.C. gun-control group bespeak sloppy reporting, editing at newspapers. Rocky Mountain News/Denver Post, Jan. 27, 2002.

Speak No Evil. The European Union revives the offense of Seditious Libel. Chronicles. Feb. 2002. With Paul Gallant & Joanne Eisen.

Abuse of Power. Jailing journalists, and the Vanessa Leggett case. National Review Online. Jan. 22, 2002. With Paul Blackman.

Broncos items lay papers bare. Recent coverage of Denver's most popular pro sports franchise exposes strong suits, frailties. Rocky Mountain News/Denver Post, Jan. 13. 2002.

2001 and before

And now . . . the rest of the story. In omitting critical facts, media sometimes commit greater sin than outright mistakes. Rocky Mountain News/Denver Post, Dec. 30, 2001.

News' bias clear in story of teen. Paper upholds 'sanctity of the gays-as-victims script' by giving contrary evidence short shrift. Rocky Mountain News/Denver Post, Dec. 16, 2001.

Rumors: Quash one, fuel one. While debunking Harry Potter author's Satanist 'quotes,' News promotes drug's 'role' in deaths. Rocky Mountain News/Denver Post, Dec. 2, 2001.

'Israel lobby' a clear misnomer. Intimations by News international editor of an Israeli-controlled 'propaganda corps' ring false. Rocky Mountain News/Denver Post, Nov. 18, 2001.

Up with the People. Reviewing NBC’s Uprising. National Review Online, weekend edition. Nov. 10-11, 2001. With Glenn Harlan Reynolds.

Objectivity takes holiday at Post. So-called analysis package on proposed 'kid tax' slanted heavily in favor of measure's proponents. Rocky Mountain News/Denver Post, Nov. 4, 2001.

Capturing the War. Denver newspapers do their part, but it takes others and the Internet to cover wide world of terrorism. Rocky Mountain News/Denver Post, Oct. 20, 2001.

CSAP Tantrum a Baseless Snit. Rocky Mountain News/Denver Post, Oct. 7, 2001.

News changes terrorism tune. Different tone imbued paper day after fawning New York Times article on former terror bomber. Rocky Mountain News/Denver Post, Sept. 23, 2001.

Image Problems Exile "Maury." Channel 9 boss says program is 'embarrassing,' but station still carries other low-brow programs. Rocky Mountain News/Denver Post. Sept. 9, 2001.

Redefining Justice. Houston journalist Vanessa Leggett is jailed by the FBI. National Review Online. Aug. 27, 2001.

Post Puts Books on Top Shelf. Rocky Mountain News/Denver Post. Aug. 12, 2001.

Police Shootings Need More Scrutiny. Rocky Mountain News/Denver Post. July 29, 2001.

Let's Give Utah a Little Credit. Rocky Mountain News/Denver Post. July 15, 2001.

Real Censorship Story was Buried. Rocky Mountain News/Denver Post. July 1, 2001.

Papers Couldn't Catch a Code. Rocky Mountain News/Denver Post. June 17, 2001

ADL Story Play Unjustifiable. Rocky Mountain News/Denver Post. June 3, 2001.

Post Marijuana Editorial Wrong. Rocky Mountain News/Denver Post. May 20, 2001.

Post's Bias Gets a Shot in the Arm. Rocky Mountain News/Denver Post. May 6, 2001.

Orwell in Italy. National Review Online. April 25 , 2001. With Carlo Stagnaro. Old media gets government to crack down on Internet journalists.

The Strangely Passive Media. Rocky Mountain News/Denver Post. April 22, 2001.

West Wing Finance. Does West Wing count as a contribution to the Democratic Party under McCain-Feingold? The answer takes us back to Theodore Roosevelt's corrupt election campaign of 1904. National Review Online. Apr. 10, 2001.

Cesar Chavez Sans Perspective. Rocky Mountain News/Denver Post. Apr. 8, 2001.

The Campaign-Finance Struggle. The solution to the campaign finance mess is to kill corporate welfare, not to undermine the First Amendment. National Review Online. Mar. 21, 2001.

Dead Ringers. When it comes to Olympic shooting sports, TV is in blackout mode. National Review Online Weekend, Sept. 23-24, 2000.

Anti-Gunners Target Gun Ads, 1st Amendment. The Blue Press,Aug. 2000. In Italiano.

The Day They Came to Sue the Book. The courts take out a contract on free speech. Reason. Aug./Sept. 1999.

Ineffective Reform. Campaign Finance Laws Keep Missing Target. Rocky Mountain News. June 16, 1996.

Polls: Anti-gun Propaganda. Certain pollsters who support repressive gun laws claim to have found increased public support for such laws. Are such polls accurate? Or are they typical of the manipulation of data which has long been the practice of pro-control pollsters? The American Guardian.

Chapters, Monographs, and Journal Articles

The First Amendment Guide to the Second Amendment. 81 Tennessee Law Review 419 (2014).

Media Errors in Coverage of Boulder High School: Falsehoods, Distortions, and Omissions by Bill O’Reilly and “Caplis & Silverman”. June 13, 2007. [PDF]

Fifty-nine Deceits in Fahrenheit 911. July 1, 2004.

Media Bias in the Coverage of Gun Control: The Press Evaluates the Popular Culture. Book chapter by Dave Kopel evaluates media bias in the 1970s.

Sorry, Wrong Number: Why Media Polls on Gun Control are so Often Unreliable. 9 Political Communication and Persuasion69-91 (no. 2, April-June 1992). With Gary A. Mauser.

Massaging the Medium: Analyzing and Responding to Media Violence without Harming the First Amendment. 4 Kansas Journal of Law and Public Policy 17 (1995).

Round Table Discussion: Violence in the Media. David Kopel, Eleanor Acheson (Asst. U.S. Atty. Genl. for Policy Development), Charles W. Guswelle (Kansas City Star), and others. From University of Kansas Law School symposium.


Wisconsin Right to Life vs. FEC. This is case returned to the Supreme Court in 2007, with oral arguments in April. The plaintiffs hope that the case may place some First Amendment limits on McCain-Feingold's speech-suppression laws. The amicus brief in which the Independence Institute participated is here. A collection of other briefs and documents is here. It is a good test case because the advertisement in question (urging Wisconsin citizens to tell Senator Feingold stop supporting the filibusters of Bush-nominated judges) was plainly a communication about the business of Congress, rather than a thinly-disguised campaign advertisement (e.g., "Tell Senator Snort that you're upset that he was arrested for domestic violence 10 years ago.") Yet the advertisement was claimed to be illegal by the FEC because it was aired within 60 days of the general election.

Independence Institute amicus brief in the January 2005 Supreme Court case of Wisconsin Right to Life v. Federal Election Commission.

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