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A drawing of protestors wrestling a tax collector to the ground.

A Prudent First Amendment

Often, the proper scope of the First Amendment can be determined only by considering both text and context.
by David Lewis Schaefer via Law & Liberty on November 7, 2024
Black students from Alabama State College stage a mass rally on the steps of the Alabama State Capitol in 1960.
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What’s Behind the Fight Over Whether Nonprofits Can Be Forced to Disclose Donors’ Names

A reminder of how tricky it is to balance protecting transparency and freedom of association.
by Helen J. Knowles-Gardner via Made By History on January 16, 2024
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When Art Fuels Anger, Who Should Prevail?

Controversial artworks are flashpoints when artistic freedom and religious sensitivities collide.
via Retro Report on November 9, 2023
Eugene V. Debs, in prison clothes, flanked by Socialist party leaders.

Free Speech Wasn't So Free 103 Years Ago

When 'seditious' and 'unpatriotic' speech was criminalized in the U.S.
by Eric Robinson via The Conversation on May 13, 2021

When Speech Meets Hate

A legal expert offers a First Amendment analysis of the summer’s violent rallies.
by Frederick Schauer via Virginia Magazine on November 21, 2017
Berkeley students and protesters gather during a protest and celebration at Berkeley, California in 1969.

The Left’s Reversal on Free Speech

Historically, liberals defended the First Amendment and our free speech rights. Now, too many on the left seek to undermine constitutional protections.
by Patrick M. Garry via Law & Liberty on November 18, 2024

The Case Against New York Times v. Sullivan

The malice test is the result of judicial activism and should be rejected by a Court that understands its task as the discovery, not the invention of law.
by Carson Holloway via Law & Liberty on November 1, 2024
Abstract art piece showing various different people speaking.

The Campus Controversy Complex

Campus speech debates reveal a history of distorted narratives, balancing free speech, moral standards, and generational conflicts in U.S. universities.
by Adrian Daub via The Pennsylvania Gazette on October 24, 2024
Chief Justice John Roberts.

The Supreme Court Has Murdered the Constitution

America’s founding document is now an all-but-meaningless scrap of paper. Happy Fourth!
by Ryan Cooper via The American Prospect on July 4, 2024
1957 U.S. Supreme Court Justices
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Super Chief

Reconsidering Earl Warren's place in U.S. history.
by Michael Bobelian via HNN on May 14, 2024
Pro-Palestinian campus protest.
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Why Colleges Don’t Know What to Do About Campus Protests

Despite frequent litigation, U.S. courts have created a blurry line that puts administrators in an impossible situation.
by Jack Hodgson via Made By History on April 29, 2024
Law and Political Economy Project logo

What Centuries of Common Law Can Teach Us About Regulating Social Media

Today, tech platforms, including social media, are the new common carriers.
by Ganesh Sitaraman, Morgan Ricks via LPE Project on February 26, 2024
Parental advisory sticker warning of explicit content.
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Who Gets to Regulate #*%&? Free Speech in Popular Culture

When speech offends, who decides where boundaries should be drawn?
via Retro Report on January 18, 2024
"The American River Ganges," a 1871 political cartoon by Thomas Nast from Harper's Weekly, depicting Catholic priests as foreign crocodiles preying on US children, illustrating the fear behind the proposed Blaine Amendment.

After the Blaine Era

The landscape for educational freedom is finally freed of 19th century prejudices, but other federal constitutional questions remain.
by Bruno V. Manno via Law & Liberty on December 4, 2023
Jonathan Engel
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As SCOTUS Examines School Prayer, Families Behind a Landmark Ruling Speak Out

The Supreme Court opened the door to challenges on school prayer, 60 years after a landmark ruling in Engel v. Vitale.
via Retro Report on October 26, 2023
AI-generated illustration of a blue neural network, surrounded by code and data graphics, against dark background.

How Machines Came to Speak (and How to Shut Them Up)

On the intertwined history of free speech law and media technology.
by Alex Sayf Cummings via Society for U.S. Intellectual History on September 24, 2023
Ethel and Julius Rosenberg leaving the courthouse in a prison van, 1951.

Not How He Wanted to Be Remembered

Two decades passed before the ghosts of the Rosenbergs came back to haunt Irving Kaufman, the judge who sentenced them to death.
by Linda Greenhouse via New York Review of Books on June 1, 2023
Ernest Mandel.

Ideological Exclusion & Deportation: Political Repression through the Suppression of Free Expression

The motivations behind the Nixon administration’s decisions and use of ultimate discretion to exclude or deport were political and self-interested.
by Harvard University Press via Medium on May 12, 2023
A microphone animated as a black snake.

The Dark Side of Defamation Law

A revered Supreme Court ruling protected the robust debate vital to democracy—but made it harder to constrain misinformation. Can we do better?
by Jeannie Suk Gersen via The New Yorker on May 11, 2023
Security guards separate guests on an episode of ‘The Jerry Springer Show’ titled ‘I am pregnant by my half-brother.’

Jerry Springer and the History of That [Bleeping] Bleep Sound

As ‘The Jerry Springer Show’ climbed the ratings ladder, the censorship bleep became a star of the show.
by Matthew F. Jordan via The Conversation on May 2, 2023
Justin Jones, Justin Pearson, and Gloria Johnson locking hands.

Tennessee

The state GOP's expulsion of legislators Justin Pearson and Justin Jones echoes Georgia's refusal to seat congressman Julian Bond in 1965 for opposing the Vietnam War.
by Joyce Vance via Joycevance.substack on April 7, 2023
Protesters outside the Supreme Court on December 5, when oral arguments were heard in 303 Creative LLC v. Eleni.

The New Faith-Based Discrimination

A sharp uptick in challenges to U.S. antidiscrimination laws threatens decades of progress in extending civil rights to all.
by Louise Melling via Boston Review on December 14, 2022
Painting of a person facing another person whose head is made up of sixteen little heads. Untitled (Study) by Geoff McFetridge.

Originalism’s Charade

Two new books make a devastating case against claims that the Constitution should be interpreted on the basis of its purported “original meaning.”
by David Cole via New York Review of Books on November 3, 2022
The cover of the book "This Earthly Frame," depicting clouds swirling around the US Capitol dome.

The Struggle to Make the United States Secular

How progressives came to think that any recognition of Christianity by a public institution violates others’ rights.
by Johann N. Neem via Los Angeles Review of Books on July 15, 2022
Two people wearing sunglasses peeking over a fence

Privacy Isn't in the Constitution – But It's Everywhere in Constitutional Law

The Supreme Court has found protections for people’s privacy in several constitutional amendments – and used it as a basis for some fundamental protections.
by Scott Skinner-Thompson via The Conversation on June 15, 2022
Black and white people sitting at a lunch counter.

When Rights Went Right

Is the American conception of constitutional rights too absolute?
by David Cole via New York Review of Books on March 31, 2022
Richard Nixon giving a press briefing.
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Presidents v. Press: How the Pentagon Papers Leak Set Up First Amendment Showdowns

Efforts to clamp down on White House leaks to the press follow a pattern that was set during the Nixon era after the publication of the Pentagon Papers.
via Retro Report on February 2, 2022
U.S. Supreme Court justices.
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A Major Supreme Court First Amendment Decision Could be at Risk

Without New York Times vs. Sullivan, freedom of speech and the press could be drastically truncated.
by Samantha Barbas via Made By History on July 13, 2021
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Trump and Biden Both Want to Repeal Section 230. Would That Wreck the Internet?

Today's heated political arguments over censorship and misinformation online are rooted in a 26-word snippet of a law that created the Internet as we know it.
via Retro Report on November 30, 2020

Washington’s Legacy for American Jews: ‘To Bigotry No Sanction’

In 1790, as the First Amendment was being ratified, George Washington made a promise to American Jews.
by Jed S. Rakoff via New York Review of Books on September 23, 2019
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