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The Volokh Conspiracy

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The Volokh Conspiracy ( / ˈ v ɑː l ə k / VOL -ik ) is a legal blog co-founded in 2002 by law professor Eugene Volokh , covering legal and political issues from an ideological orientation it describes as "generally libertarian , conservative , centrist , or some mixture of these." It is one of the most widely read and cited legal blogs in the United States. The blog is written by legal scholars and provides discussion on complex court decisions .

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88-405: In January 2014, The Volokh Conspiracy migrated to The Washington Post , with Volokh retaining full editorial control over its content. After June 2014, the blog was behind a paywall . In 2017, the blog moved to Reason . Volokh cited his principal reason for the move was to “be freely available to the broadest range of readers” and to have more editorial independence . The Volokh Conspiracy

176-612: A columnist. In 2018, Khashoggi was murdered by Saudi agents in Istanbul . In October 2023, the Post announced it would cut 240 jobs across the organization by offering voluntary separation packages to employees. In a staff-wide email announcing the job cuts, interim CEO Patty Stonesifer wrote, "Our prior projections for traffic, subscriptions and advertising growth for the past two years — and into 2024 — have been overly optimistic". The Post has lost around 500,000 subscribers since

264-496: A former Democratic congressman from Ohio. To promote the newspaper, the new owners requested the leader of the United States Marine Band , John Philip Sousa , to compose a march for the newspaper's essay contest awards ceremony. Sousa composed " The Washington Post ". It became the standard music to accompany the two-step, a late 19th-century dance craze, and remains one of Sousa's best-known works. In 1893,

352-519: A front-page story which advertised the location at which white servicemen were planning to meet to carry out attacks on black Washingtonians. In 1929, financier Eugene Meyer , who had run the War Finance Corp. since World War I , secretly made an offer of $ 5 million for the Post, but he was rebuffed by Ned McLean. On June 1, 1933, Meyer bought the paper at a bankruptcy auction for $ 825,000 three weeks after stepping down as Chairman of

440-497: A major role in the resignation of President Richard Nixon , won the newspaper a Pulitzer Prize in 1973. In 1972, the "Book World" section was introduced with Pulitzer Prize-winning critic William McPherson as its first editor. It featured Pulitzer Prize-winning critics such as Jonathan Yardley and Michael Dirda , the latter of whom established his career as a critic at the Post . In 2009, after 37 years, with great reader outcries and protest, The Washington Post Book World as

528-429: A pseudonym. His wife Agnes Ernst Meyer was a journalist from the other end of the spectrum politically. The Post ran many of her pieces including tributes to her personal friends John Dewey and Saul Alinsky . In 1946, Meyer was appointed head of World Bank , and he named his son-in-law Phil Graham to succeed him as Post publisher. The post-war years saw the developing friendship of Phil and Kay Graham with

616-455: A self-similar "crystalline" or fractal structure. Balkin employed deconstruction and related literary theories to argue that legal thought was structured in terms of "nested oppositions"—opposed ideas or concepts that turn into each other over time or otherwise depend on each other in novel and unexpected ways. Although he draws on literary theory in his work on legal rhetoric, Balkin and his frequent co-author Sanford Levinson contend law

704-453: A series of individual stories..." He has been described as a "hands-off owner", holding teleconference calls with executive editor Martin Baron every two weeks. Bezos appointed Fred Ryan (founder and CEO of Politico ) to serve as publisher and chief executive officer. This signaled Bezos' intent to shift the Post to a more digital focus with a national and global readership. In 2015,

792-540: A standalone insert was discontinued, the last issue being Sunday, February 15, 2009, along with a general reorganization of the paper, such as placing the Sunday editorials on the back page of the main front section rather than the "Outlook" section and distributing some other locally oriented "op-ed" letters and commentaries in other sections. However, book reviews are still published in the Outlook section on Sundays and in

880-572: A story about his past ties to a phone hacking scandal, have further shaken the newsroom's morale. Lewis continues to grapple with declining revenue and audience on the business front, seeking strategies to regain subscribers lost since the Trump era. Later that month, the paper ran a story allegedly exposing a connection between incoming editor Robert Winnett and John Ford, a man who "admitted to an extensive career using deception and illegal means to obtain confidential information." Winnett withdrew from

968-479: A successful constitution is whether it can successfully manage and resolve political crises within its boundaries. Balkin argues that America's constitutional system evolves through the interplay between three cycles : the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional rot and constitutional renewal. Balkin explains that America's politics seems especially fraught because America

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1056-416: A trustworthy fashion toward their end-users. They must respect end-user privacy and may not manipulate end-users. Those who develop and employ robots, artificial intelligence agents, and algorithms may also be information fiduciaries toward their customers and end-users. In addition, firms may not engage in "algorithmic nuisance": using people's digital identities to discriminate and manipulate them and shifting

1144-400: Is a period in which people reasonably believe that constitutional institutions are about to fail or have failed. Because a key purpose of constitutions is to make politics possible, constitutions fail when people no longer try to struggle for power within the terms of the constitution. This may result in political paralysis, or in civil war, insurrections, secession, or attempted coups. Although

1232-486: Is an American daily newspaper published in Washington, D.C. , the national capital. It is the most widely circulated newspaper in the Washington metropolitan area and has a national audience. As of 2023, the Post  has 135,980 print subscribers and 2.5 million digital subscribers, both of which are the third-largest among U.S. newspapers after The New York Times and The Wall Street Journal . The Post

1320-754: Is an American legal scholar. He is the Knight Professor of Constitutional Law and the First Amendment at Yale Law School . Balkin is the founder and director of the Yale Information Society Project (ISP), a research center whose mission is "to study the implications of the Internet, telecommunications, and the new information technologies for law and society." He also directs the Knight Law and Media Program and

1408-459: Is best analogized not to literature but to the performing arts such as music and drama. Balkin and Levinson argue that constitutional revolutions in judicial doctrine occur through a process called partisan entrenchment . The party that controls the White House can stock the federal courts with new judges and Justices who have views on key constitutional issues roughly similar to those of

1496-440: Is both originalist and living constitutionalist . He argues that there is no contradiction between these approaches, properly understood. Interpreters must follow the original meaning of the constitutional text but not its original expected application; hence much constitutional interpretation actually involves constitutional construction and state building by all three branches of government. Balkin's "framework originalism" views

1584-479: Is nearing the end of the Republican Party's long political dominance, is at the height of a long cycle of political polarization, and is suffering from an advanced case of constitutional rot. Balkin argues that America is in a Second Gilded Age, and predicts that it is slowly moving toward a second Progressive Era. Balkin's work on the First Amendment argues that the purpose of the free speech principle

1672-399: Is no longer necessary. In practice, much privacy protection came from the fact that people forgot what had happened. But in the digital age, nothing is ever forgotten, so appropriate discarding of the results of government surveillance must be mandated. As the surveillance state grows, Balkin argues, new civil liberties protections are necessary, just as they were necessary with the growth of

1760-769: Is not whether we will have a surveillance state in the years to come, but what sort of surveillance state we will have." Balkin distinguishes between two models: an authoritarian information state and a democratic information state. Authoritarian information states are information misers and information gluttons: they collect as much information as possible and they resist sharing it or making their own operations public. Democratic information states are information gourmets and information philanthropists: they collect only what they need, they produce information for and share information with their citizens and they make their own operations democratically accountable. Democratic information states also destroy government collected information when it

1848-507: Is regarded as one of the leading daily American newspapers along with The New York Times , the Los Angeles Times , and The Wall Street Journal . The Post has distinguished itself through its political reporting on the workings of the White House, Congress, and other aspects of the U.S. government. It is considered a newspaper of record in the U.S. The Washington Post does not print an edition for distribution away from

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1936-524: Is said to be a regular reader of the blog. Fact-checkers like PolitiFact and FactCheck.org have repeatedly cited The Volokh Conspiracy for legal analysis. Over twenty law professors from across the country contribute to The Volokh Conspiracy. Notable contributors, past and present, include: Articles are often posted by guest law professors who are not among the listed Conspirators. The Washington Post The Washington Post , locally known as The Post and, informally, WaPo or WP ,

2024-436: Is to promote what he calls a democratic culture. The idea of democratic culture is broader than a concern with democratic deliberation or democratic self-government, and emphasizes individual freedom, cultural participation and mutual influence. A democratic culture is one in which ordinary individuals can participate in the forms of culture that in turn help shape and constitute them as persons. Balkin argues that free speech on

2112-779: The East Coast . In 2009, the newspaper ceased publication of its National Weekly Edition due to shrinking circulation. The majority of its newsprint readership is in Washington, D.C., and its suburbs in Maryland and Northern Virginia. The newspaper's 21 current foreign bureaus are in Baghdad , Beijing , Beirut , Berlin , Brussels , Cairo , Dakar , Hong Kong , Islamabad , Istanbul , Jerusalem , London , Mexico City , Moscow , Nairobi , New Delhi , Rio de Janeiro , Rome , Seoul , Tokyo , and Toronto . In November 2009,

2200-758: The Pentagon Papers helped spur opposition to the Vietnam War . Reporters Bob Woodward and Carl Bernstein led the investigation into the break-in at the Democratic National Committee , which developed into the Watergate scandal and the 1974 resignation of President Richard Nixon . In October 2013, the Graham family sold the newspaper to Nash Holdings , a holding company owned by Jeff Bezos , for $ 250 million. As of 2024,

2288-575: The Post for two years before selling it in 1905 to John Roll McLean , owner of the Cincinnati Enquirer . During the Wilson presidency, the Post was credited with the "most famous newspaper typo " in D.C. history according to Reason magazine; the Post intended to report that President Wilson had been "entertaining" his future-wife Mrs. Galt, but instead wrote that he had been "entering" Mrs. Galt. When McLean died in 1916, he put

2376-524: The Post moved from the building it owned at 1150 15th Street to a leased space three blocks away at One Franklin Square on K Street . Since 2014 the Post has launched an online personal finance section, a blog, and a podcast with a retro theme. The Post won the 2020 Webby People's Voice Award for News & Politics in the Social and Web categories. In 2017, the newspaper hired Jamal Khashoggi as

2464-549: The Post with two remaining local competitors, the Washington Star ( Evening Star ) and The Washington Daily News . In 1972, the two competitors merged, forming the Washington Star-News. Following Graham's death in 1963, control of The Washington Post Company passed to his wife, Katharine Graham (1917–2001), who was also Eugene Meyer's daughter. Few women had run prominent national newspapers in

2552-613: The Post 's average printed weekday circulation is 139,232, making it the third largest newspaper in the country by circulation. For many decades, the Post had its main office at 1150 15th Street NW. This real estate remained with Graham Holdings when the newspaper was sold to Jeff Bezos' Nash Holdings in 2013. Graham Holdings sold 1150 15th Street, along with 1515 L Street, 1523 L Street, and land beneath 1100 15th Street, for $ 159 million in November 2013. The Post continued to lease space at 1150 L Street NW. In May 2014, The Post leased

2640-791: The University of Cambridge . He clerked for Judge Carolyn Dineen King of the Fifth Circuit Court of Appeals. From 1982 to 1984 he was a litigation associate at the New York law firm of Cravath, Swaine & Moore . He taught at the University of Missouri at Kansas City from 1984 to 1988 and at the University of Texas from 1988 to 1994. He joined the Yale faculty in 1994. He has also taught at Harvard University , New York University , Tel Aviv University , and Queen Mary College at

2728-620: The University of London . He was elected a Fellow of the American Academy of Arts and Sciences in 2005, and a Member of the American Law Institute in 2020. Balkin's 1998 book, Cultural Software: A Theory of Ideology , argued that ideology could be explained in terms of memes and processes of cultural evolution. He argued that ideology is an effect of the "cultural software" or tools of understanding that become part of human beings and that are produced through

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2816-717: The ACA . According to legal scholar Dick Howard , The Volokh Conspiracy "provided a forum for conservative legal scholars to develop arguments against the individual mandate , helping to break down the perception of expert consensus on the constitutional issues in play." Additionally, authors of the blog were influential behind the National Federation of Independent Businesses v. Sebelius case where they were invited to submit an amicus brief which would be later referenced by Justice Antonin Scalia at oral argument. The blog

2904-699: The Abrams Institute for Free Expression at Yale Law School. Balkin publishes a legal blog , Balkinization , and is also a correspondent for The Atlantic . He is a scholar of Constitutional and First Amendment law. In addition to his work as a legal scholar, he has also written a book on memes and cultural evolution and has translated and written a commentary on the ancient Chinese Book of Changes, or I Ching . Born in Kansas City , Missouri , Balkin received his A.B. and J.D. degrees from Harvard University and his Ph.D. in philosophy from

2992-484: The Constitution as an initial framework for governance that sets politics in motion and makes politics possible; it must be filled out over time through constitutional construction and state building. This process of building out the Constitution is living constitutionalism. Balkin uses the term "constitutional rot" to describe the process by which democracies become less responsive to public will and less devoted to

3080-508: The Constitution prevents them from acting or because they believe that the Constitution does not provide for a certain event so that paralysis occurs and disaster strikes. In a Type Three crisis, people disagree so strongly about what the constitution means that they turn to civil war, secession, or insurrection. Balkin and Levinson believe real constitutional crises are rare in American history, although political crises are frequent. A test of

3168-518: The Federal Reserve . He had bid anonymously, and was prepared to go up to $ 2 million, far higher than the other bidders. These included William Randolph Hearst , who had long hoped to shut down the ailing Post to benefit his own Washington newspaper presence. The Post 's health and reputation were restored under Meyer's ownership. In 1946, he was succeeded as publisher by his son-in-law, Philip Graham . Meyer eventually gained

3256-436: The Internet is characterized by two features: "routing around" media gatekeepers, and "glomming on"—non-exclusive appropriation of cultural content that is melded with other sources to create new forms of culture. These distinctive features of Internet speech, he argues, are actually features of speech in general and thus lead to a focus on democratic participation in culture. Balkin argues that protection of freedom of speech in

3344-706: The Kennedys, the Bradlees and the rest of the " Georgetown Set", including many Harvard University alumni that would color the Post's political orientation. Kay Graham's most memorable Georgetown soirée guest list included British diplomat and communist spy Donald Maclean . The Post is credited with coining the term " McCarthyism " in a 1950 editorial cartoon by Herbert Block . Depicting buckets of tar, it made fun of Sen. Joseph McCarthy 's "tarring" tactics, i.e., smear campaigns and character assassination against those targeted by his accusations. Sen. McCarthy

3432-662: The President. This shifts the median Justice on the Supreme Court and changes the complexion of the lower federal courts, which, in turn, eventually affects constitutional doctrine. If enough new judges are appointed in a relatively short period of time, changes will occur more quickly, producing a constitutional revolution. For example, a constitutional revolution occurred following the New Deal because Franklin Roosevelt

3520-598: The Style section the rest of the week, as well as online. In 1975, the pressmen's union went on strike . The Post hired replacement workers to replace the pressmen's union, and other unions returned to work in February 1976. Donald E. Graham , Katharine's son, succeeded her as a publisher in 1979. In 1995, the domain name washingtonpost.com was purchased. That same year, a failed effort to create an online news repository called Digital Ink launched. The following year it

3608-494: The United States. In her autobiography, Katharine Graham described her own anxiety and lack of confidence when she stepped into a leadership role. She served as publisher from 1969 to 1979. Graham took The Washington Post Company public on June 15, 1971, in the midst of the Pentagon Papers controversy. A total of 1,294,000 shares were offered to the public at $ 26 per share. By the end of Graham's tenure as CEO in 1991,

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3696-565: The Vietnam War in 1971 when it published the Pentagon Papers . In the mid-1970s, some conservatives referred to the Post as " Pravda on the Potomac " because of its perceived left-wing bias in both reporting and editorials. Since then, the appellation has been used by both liberal and conservative critics of the newspaper. In the PBS documentary Buying the War , journalist Bill Moyers said in

3784-528: The War. In 1902, Berryman published another famous cartoon in the Post – Drawing the Line in Mississippi . This cartoon depicts President Theodore Roosevelt showing compassion for a small bear cub and inspired New York store owner Morris Michtom to create the teddy bear. Wilkins acquired Hatton's share of the newspaper in 1894 at Hatton's death. After Wilkins' death in 1903, his sons John and Robert ran

3872-474: The acquisition. The combined newspaper was published from the Globe Building as The Washington Post and Union beginning on April 15, 1878, with a circulation of 13,000. The Post and Union name was used about two weeks until April 29, 1878, returning to the original masthead the following day. In 1889, Hutchins sold the newspaper to Frank Hatton , a former Postmaster General, and Beriah Wilkins ,

3960-558: The administrative state after the New Deal and the National Security State after World War II. The executive branch must be redesigned with internal checks and balances to police itself, to report on its activities, and to prevent abuse. Finally, technology must be used to record what officials do and look for signs of government misconduct: "The best way to control the watchers is to watch them as well." Balkin coined

4048-477: The appointment of two white men to top editorial positions have sparked internal discontent, particularly given the lack of consideration for the Post's senior female editors. Additionally, Lewis' proposed division for social media and service journalism has met with resistance from staff. Recent reports alleging Lewis' attempts to influence editorial decisions, including pressuring NPR 's media correspondent to drop

4136-557: The challenge to the Affordable Care Act." The Volokh Conspiracy is one of the most widely read and cited legal blogs in the United States. It receives over 30,000 daily views. The blog's readership consists of scholars and policymakers across the ideological spectrum . The Volokh Conspiracy blog appeared in ABA Journal ' s "Blawg 100 Hall of Fame". Yale constitutional law professor Jack Balkin , founder of

4224-540: The challenges and provides the text of the actual blogs that helped influence legal battles against the ACA. In the foreword of the book, former Solicitor General Paul Clement , the lead attorney who contested the ACA, compared The Volokh Conspiracy to the Federalist Papers and wrote: "[I]f ever a legal blog and a constitutional moment were meant for each other, it was the Volokh Conspiracy and

4312-543: The costs of algorithmic decision making onto the general public. Balkin argues that the obligations of information fiduciaries and the duty not to be algorithmic nuisances are part of new laws of robotics . Unlike Asimov's famous three laws of robotics , these laws are directed not to robots but to the people and organizations who design, own, and operate them. Balkin argues that robotic and artificial intelligence technologies mediate relationships of power between different groups of people; therefore law must focus on regulating

4400-543: The digital age will increasingly rely less on judge-made doctrines of the First Amendment and more on legislation, administrative regulation, and technological design. He argues that we have moved beyond the traditional dyadic model of free expression in which nation states regulated the speech of their citizens. Instead, digital speech involves a pluralist model . In the pluralist model, territorial governments continue to regulate speech directly. But they also attempt to coerce or co-opt owners of digital infrastructure to regulate

4488-400: The end of 2020 and was set to lose $ 100 million in 2023, according to The New York Times . The layoffs prompted Dan Froomkin of Presswatchers to suggest that the decline in readership could be reversed by focusing on the rise of authoritarianism (in a fashion similar to the role the Post played during the Watergate scandal ) instead of staying strictly neutral, which Froomkin says places

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4576-426: The entire company revenue stream. Executive editor Ben Bradlee put the newspaper's reputation and resources behind reporters Bob Woodward and Carl Bernstein , who, in a long series of articles, chipped away at the story behind the 1972 burglary of Democratic National Committee offices in the Watergate complex in Washington. The Post 's dogged coverage of the story, the outcome of which ultimately played

4664-408: The evolution and transmission of memes. At the same time, Balkin argued that all ideological and moral analysis presupposes a transcendent ideal of truth and "a transcendent value of justice." Like T. K. Seung , he suggests that a transcendent idea of justice—although incapable of perfect realization and inevitably "indeterminate"—underlies political discourse and political persuasion. Balkin coined

4752-563: The framers of the U.S. Constitution believed that all republics would decay over time, and they designed the Constitution so that it could ride out periods of constitutional rot in the hopes of a later renewal of republican institutions. Many of the Constitution's features, including staggered terms for the President, House, and Senate, separation of powers, federalism, and an independent judiciary, are forms of "republican insurance" designed to achieve this goal. Balkin distinguishes constitutional rot from constitutional crisis. Constitutional crisis

4840-896: The impact of blogs on American politics, liberal bloggers link to The Washington Post and The New York Times more often than other major newspapers; however, conservative bloggers also link predominantly to liberal newspapers. Since 2011, the Post has been running a column called "The Fact Checker" that the Post describes as a "truth squad". The Fact Checker received a $ 250,000 grant from Google News Initiative /YouTube to expand production of video fact checks . In mid-September 2016, Matthew Ingram of Forbes joined Glenn Greenwald of The Intercept , and Trevor Timm of The Guardian in criticizing The Washington Post for "demanding that [former National Security Agency contractor Edward] Snowden ... stand trial on espionage charges". Jack Balkin Jack M. Balkin (born August 13, 1956)

4928-588: The last laugh over Hearst, who had owned the old Washington Times and the Herald before their 1939 merger that formed the Times-Herald . This was in turn bought by and merged into the Post in 1954. The combined paper was officially named The Washington Post and Times-Herald until 1973, although the Times-Herald portion of the nameplate became less and less prominent over time. The merger left

5016-548: The liberal legal blog Balkinization , stated that The Volokh Conspiracy "discusses law and public policy at a very sophisticated level...It’s an example of how blogging transcends existing categories and expectations." Legal scholar Cass Sunstein wrote that the blog often provides "illuminating criticism" of the Supreme Court and found it filled with "civility, intelligence, and overall high quality," despite occasional group polarization . Lawyer Tom Goldstein , who co-founded SCOTUSblog , asserts that The Volokh Conspiracy "remains

5104-526: The new President Lyndon B. Johnson , "I don't have much influence with the Post because I frankly don't read it. I view it like the Daily Worker ." Ben Bradlee became the editor-in-chief in 1968, and Kay Graham officially became the publisher in 1969, paving the way for the aggressive reporting of the Pentagon Papers and Watergate scandals . The Post strengthened public opposition to

5192-494: The newspaper announced the closure of three U.S. regional bureaus in Chicago , Los Angeles and New York City , as part of an increased focus on Washington, D.C. –based political stories and local news. The newspaper has local bureaus in Maryland (Annapolis, Montgomery County, Prince George's County, and Southern Maryland) and Virginia (Alexandria, Fairfax, Loudoun County, Richmond, and Prince William County). As of March 2023,

5280-648: The newspaper had won the Pulitzer Prize 76 times for its work, the second-most of any publication after The New York Times . It is considered a newspaper of record in the U.S. Post journalists have received 18 Nieman Fellowships and 368 White House News Photographers Association awards. The paper is well known for its political reporting and is one of the few remaining American newspapers to operate foreign bureaus , with international breaking news hubs in London and Seoul . The Washington Post

5368-458: The newspaper in a trust, having little faith that his playboy son Edward "Ned" McLean could manage it as part of his inheritance. Ned went to court and broke the trust, but, under his management, the newspaper slumped toward ruin. He bled the paper for his lavish lifestyle and used it to promote political agendas. During the Red Summer of 1919 the Post supported the white mobs and even ran

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5456-555: The newspaper moved to a building at 14th and E streets NW, where it would remain until 1950. This building combined all functions of the newspaper into one headquarters – newsroom, advertising, typesetting, and printing – that ran 24 hours per day. In 1898, during the Spanish–American War , the Post printed Clifford K. Berryman 's classic illustration Remember the Maine , which became the battle-cry for American sailors during

5544-402: The newspaper's coverage during the run-up to the 2008 presidential election , former Post ombudsman Deborah Howell wrote: "The opinion pages have strong conservative voices; the editorial board includes centrists and conservatives; and there were editorials critical of Obama. Yet opinion was still weighted toward Obama." According to a 2009 Oxford University Press book by Richard Davis on

5632-433: The organization would embrace artificial intelligence to improve the paper's financial situation, telling staff it would seek "AI everywhere in our newsroom." In June 2024, Axios reported the Post faced significant internal turmoil and financial challenges. The new CEO, Lewis, has already generated controversy with his leadership style and proposed restructuring plans. The abrupt departure of executive editor Buzbee and

5720-420: The paper into an undistinguished secondary role in competition with other contemporary media. As part of the shift in tone, in 2023 the paper closed down the "KidsPost" column for children, the "Skywatch" astronomy column, and the "John Kelly's Washington" column about local history and sights, which had been running under different bylines since 1947. In May 2024, CEO and publisher William Lewis announced that

5808-465: The position shortly thereafter. In 1933, financier Eugene Meyer bought the bankrupt Post , and assured the public that neither he nor the newspaper would be beholden to any political party. But as a leading Republican who had been appointed Chairman of the Federal Reserve by Herbert Hoover in 1930, his opposition to Roosevelt 's New Deal colored the paper's editorials and news coverage, including editorializing news stories written by Meyer under

5896-400: The public good over time. Constitutional rot grows because of (1) increasing inequalities of income and wealth; (2) increasing political polarization and tribalism; (3) loss of trust between members of different parties and between the public and established institutions; and (4) policy disasters that show that government officials are not competent and/or cannot be trusted. Balkin argues that

5984-661: The single best place to go for interesting, thought-provoking, high-level thinking on the law." Adam Liptak , Supreme Court correspondent for the New York Times , wrote that the Volokh Conspiracy "is the most influential law blog with a point of view." Andy Guess of Inside Higher Ed wrote that the blog "probably has more influence in the field – and more direct impact – than most law reviews." Law professor and blogger Glenn Reynolds lists The Volokh Conspiracy as his favorite legal blog. Justice Elena Kagan

6072-521: The site himself and invited his brother, Sasha, then a graduate student, to join him. The blog was initially called The Volokh Brothers and then changed to The Volokh Conspiracy, in reference to Hillary Clinton 's claim of a " vast right-wing conspiracy ." Volokh recruited other contributors through a "closely guarded selection process." The blog is written by legal scholars and provides discussion on complex court decisions . The Volokh Conspiracy, among other blogs, played an important role in influencing

6160-514: The speech of others. This is "new school" speech regulation. Digital infrastructure owners, and especially social media companies, now act as private governors of speech communities, creating and enforcing various rules and norms of the communities they govern. Finally, end users, civil society organizations, hackers, and other private actors repeatedly put pressure on digital infrastructure companies to regulate speech in certain ways and not to regulate it in others. This triangular tug of war—rather than

6248-417: The stock was worth $ 888 per share, not counting the effect of an intermediate 4:1 stock split. Graham also oversaw the Post company's diversification purchase of the for-profit education and training company Kaplan, Inc. for $ 40 million in 1984. Twenty years later, Kaplan had surpassed the Post newspaper as the company's leading contributor to income, and by 2010 Kaplan accounted for more than 60% of

6336-523: The term ideological drift to describe a phenomenon by which ideas and concepts change their political valence as they are introduced into new social and political contexts over time. Along with Duncan Kennedy , Balkin developed the field of legal semiotics . Legal semiotics shows how legal arguments feature recurrent tropes or topoi that respond to each other and whose opposition is reproduced at higher and lower levels of doctrinal detail as legal doctrines evolve. Hence Balkin claimed that legal argument has

6424-527: The term "information fiduciary" to describe the legal and ethical obligations of digital businesses and social media companies. He argues that people must trust and depend on certain digital businesses and social media companies, and are especially vulnerable to them. Therefore, the digital age has produced a new kind of fiduciary obligation analogous to those the law imposes on money managers and on professionals like doctors, lawyers, and accountants. Balkin argues that digital information fiduciaries must act in

6512-505: The traditional dyadic model of states regulating the speech of private parties—characterizes the practical ability to speak in the algorithmic society. In a 2006 essay with Levinson, and a 2008 article, Balkin discusses the emergence of a "National Surveillance State" that uses the collection, collation and analysis of information to govern. The National Surveillance State is a natural byproduct of technological development and demands for government services. Balkin argues that "[t]he question

6600-450: The two concepts of crisis and rot are distinct, Balkin argues that an advanced case of constitutional rot can generate a constitutional crisis. Balkin and Levinson offer a typology of constitutional crises . In Type One crises, political actors publicly announce that they will no longer abide by the constitution and disobey direct judicial orders. In Type Two crises, fidelity to the constitution leads to disaster, because people think that

6688-507: The view of Americans against the Patient Protection and Affordable Care Act (ACA). Many of The Volokh Conspiracy's postings were picked up by journalists and integrated into traditional media outlets . Subsequently, The Volokh Conspiracy impacted the questioning and opinions of judges and Supreme Court justices. Law professor Andrew Koppelman wrote that the blog was the "most important incubator" for constitutional challenges to

6776-572: The war, while contrary information got lost". On March 23, 2007, Chris Matthews said on his television program, " The Washington Post is not the liberal newspaper it was [...] I have been reading it for years and it is a neocon newspaper". It has regularly published a mixture of op-ed columnists, with some of them left-leaning (including E. J. Dionne , Dana Milbank , Greg Sargent, and Eugene Robinson ), and some of them right-leaning (including George Will , Marc Thiessen , Michael Gerson and Charles Krauthammer ). Responding to criticism of

6864-621: The west tower of One Franklin Square , a high-rise building at 1301 K Street NW in Washington, D.C. Mary Jordan was the founding editor, head of content, and moderator for Washington Post Live , The Post's editorial events business, which organizes political debates, conferences and news events for the media company, including "The 40th Anniversary of Watergate" in June 2012 that featured key Watergate figures including former White House counsel John Dean , Washington Post editor Ben Bradlee , and reporters Bob Woodward and Carl Bernstein , which

6952-547: The year prior to the Iraq War there were 27 editorials supporting the Bush administration 's desire to invade Iraq. National security correspondent Walter Pincus reported that he had been ordered to cease his reports that were critical of the administration. According to author and journalist Greg Mitchell : "By the Post 's own admission, in the months before the war, it ran more than 140 stories on its front page promoting

7040-582: Was able to appoint eight new Supreme Court Justices between 1937 and 1941. Balkin and Levinson's theory contrasts with Bruce Ackerman's theory of constitutional moments, which argues that constitutional revolutions occur because of self-conscious acts of democratic mobilization that establish new standards of political legitimacy. Balkin and Levinson view partisan entrenchment as roughly but imperfectly democratic; it guarantees neither legitimate nor correct constitutional interpretation. Balkin's constitutional theory, developed in his 2011 book, Living Originalism ,

7128-961: Was attempting to do for the Senate what the House Un-American Activities Committee had been doing for years—investigating Soviet espionage in America . The HUAC made Richard Nixon nationally known for his role in the Hiss / Chambers case that exposed communist spying in the State Department . The committee had evolved from the McCormack - Dickstein Committee of the 1930s. Phil Graham's friendship with John F. Kennedy remained strong until their deaths in 1963. FBI Director J. Edgar Hoover reportedly told

7216-407: Was founded in 1877 by Stilson Hutchins (1838–1912); in 1880, it added a Sunday edition, becoming the city's first newspaper to publish seven days a week. In April 1878, about four months into publication, The Washington Post purchased The Washington Union , a competing newspaper which was founded by John Lynch in late 1877. The Union had only been in operation about six months at the time of

7304-430: Was founded in 1877. In its early years, it went through several owners and struggled both financially and editorially. In 1933, financier Eugene Meyer purchased it out of bankruptcy in 1933 and revived its health and reputation; this work was continued by his successors Katharine and Phil Graham , Meyer's daughter and son-in-law, respectively, who bought out several rival publications. The Post 's 1971 printing of

7392-465: Was founded in April 2002 by Eugene Volokh, a First Amendment expert and Soviet Jewish refugee . After being offered a guest-blogging gig on InstaPundit , Volokh decided to start his own blog in order to quickly disseminate his views in real time to a popular audience. Volokh, who graduated UCLA at the age of 15 with a degree in computer science and had been professor at UCLA law since the age of 24, built

7480-525: Was held at the Watergate hotel. Regular hosts include Frances Stead Sellers . Lois Romano was formerly the editor of Washington Post Live . The Post has its own exclusive Zip Code , 20071. Arc XP is a department of The Washington Post , which provides a publishing system and software for news organizations such as the Chicago Tribune and the Los Angeles Times . The newspaper

7568-400: Was renamed Graham Holdings shortly after the sale. Nash Holdings, which includes the Post , is operated separately from technology company Amazon , which Bezos founded and where he is as of 2022 executive chairman and the largest single shareholder, with 12.7% of voting rights. Bezos said he has a vision that recreates "the 'daily ritual' of reading the Post as a bundle, not merely

7656-410: Was shut down and the first website was launched in June 1996. In August 2013, Jeff Bezos purchased The Washington Post and other local publications, websites, and real estate for US$ 250   million , transferring ownership to Nash Holdings LLC, Bezos's private investment company. The paper's former parent company, which retained some other assets such as Kaplan and a group of TV stations,

7744-458: Was the originator of the " broccoli horrible " argument against the ACA. Some contributors of the blog—including Randy Barnett , Jonathan Adler , David Bernstein , Orin Kerr , David Kopel , and Ilya Somin —wrote about their experiences challenging the ACA in a book titled A Conspiracy Against Obamacare: The Volokh Conspiracy and the Affordable Care Act (2014). The book details the precursor to

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