I am excited to announce that I have accepted an offer from The Journal of Law & Politics to publish my new article, Equalizing the Political Rights of Renters and Homeowners. In it, I propose model legislation, the “Renters Bill of Political Rights,” to protect renters’ rights to engage in political activities and prevent political retaliation from landlords. Publication is expected in December or January. My current draft is linked below, and I welcome feedback!

Current draft on SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3246723

ABSTRACT

The promise of democracy has not been kept to renters. The First Amendment protects renters and homeowners alike from governmental speech suppression, but neither landlord-tenant law nor civil rights law secures renters’ political rights from landlord interference. Landlords wield enormous power to censor what renters say, limit who they say it with, and even control what they hear—and renters rarely have legal recourse when landlords choose to exercise this power.

This articles analyzes the diminished political rights of renters and proposes new legislation to put renters and homeowners on equal ground. Rather than importing wholesale from First Amendment doctrine or elevating “political ideology” to a protected status, legislatures should enact a Renters Bill of Political Rights that protects renters—and those who wish to speak to renters—from landlord retaliation for their political activities. This approach is the most compatible with existing landlord-tenant law and avoids being underinclusive and overinclusive in the rights it protects. Above all, it enables renters to participate in American democracy without fear that they will lose their home.

Update: The final version has been published! It’s available to download for free on SSRN here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3246723

Mitch McConnell on Kavanaugh: “I think everyone understands there is a presumption of innocence. We should go into these hearings with a presumption of innocence.”

No. The Senate confirmation process isn’t “due process” for judicial nominees. It’s our due process. It’s there to protect us, the American public, from unqualified nominees. There’s a reason why it takes a majority vote to confirm a nominee. If there is a presumption, it’s that the nominee is unqualified until they convince a majority of the Senate otherwise.