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“Ulysses” on Trial

It was a setup: a stratagem worthy of wily Ulysses himself.

The Radical Roots of Free Speech

Conservatives like to claim that leftists are opponents of free speech. But that’s nonsense.

The Forgotten Story of the Julian Assange of the 1970s

Decades before WikiLeaks, Philip Agee’s magazine blew the cover of more than 2,000 CIA officers.

The Bosses' Constitution

How and why the First Amendment became a weapon for the right.

For 60 Years, This Powerful Conservative Group Has Worked to Crush Labor

Now the Janus decision has helped push the National Right to Work Committee and its sister organizations closer to that goal.

Janus v. Democracy

The Janus decision is a significant setback for democracy. What should public-sector workers do now?

The Last of the Small-Town Lawyers

Justice Anthony Kennedy’s retirement marks the end of an era on the Supreme Court—and a turn toward hard-edged partisanship.
Multiple pieces of faces from different faces that come together to form one face

The 200-Year Legal Struggle That Led to Citizens United

How businesses campaigned to win constitutional rights and expand their political reach.
Huey Long

How ‘the Kingfish’ Turned Corporations into People

Seventy-five years before Citizens United, the Supreme Court ruled that newspapers were entitled to First Amendment protections.
Protestor outside the Supreme Court, with a Bible and a sign denouncing bigotry.
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Discriminating in the Name of Religion? Segregationists and Slaveholders Did It, Too.

If religious freedom trumps equality under the law, it provides a “cover” that actually encourages discrimination.

Violence and Free Speech

Does our approach to the First Amendment need to change in the wake of this summer's violence in Charlottesville?
John Adams
partner

Why Trump’s Assault on NBC and “Fake News” Threatens Freedom of the Press

Restricting the press backfires politically.
Braille Playboy

For Years, There Was Playboy for Blind People. A Republican Congressman Tried to Kill It

The government shouldn’t subsidize porn, he argued.
White nationalist demonstrators use shields as they guard the entrance to Lee Park in Charlottesville, Va. on Aug 12, 2017.

The ACLU's Free Speech Stance Should Be About Social Justice, Not 'Timeless' Principles

When the organization first defended Nazis, it did so for practical reasons.
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When ‘Free Speech’ Becomes a Political Weapon

What we can learn from liberal anti-communists.

Conservatives Say Campus Speech Is Under Threat. That’s Been True for Most of History.

There’s never been a golden age of free speech at American universities.
Demonstrator with sign that reads "Journalism is not a crime"
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When the War on the Press Turns Violent, Democracy Itself is at Risk

The bloody history of attacks on American journalists.
Chelsea Manning photo

How The Espionage Act Became a Tool of Repression

This isn’t all history, of course. The Espionage Act is still on the books: Chelsea Manning was charged under it in 2011.

America's Obsession With Rooting out Communism Is Making a Comeback

California lawmakers debate barring Communist party members from government jobs.
An American flag flying in front of a large Christian cross.

The Religious-Liberty Attack on Transgender Rights

Conservative Christians are out to restore their historical legal privileges.

The Strange Career of Free Exercise

How efforts to bolster religious liberty set off a chain of unintended consequences.

Prior Convictions

Did the Founders want us to be faithful to their faith?
Red elephant and blue donkey on the scales of justice.

The Origin of Campaign Finance Reform Troubles

While the Citizens United case created major shifts in campaign contributions and spending, an earlier decision played a bigger role in campaign finance laws.
"We the People" collage.

Is It Time to Torch the Constitution?

Some scholars say that it’s to blame for our political dysfunction—and that we need to start over.
Kamala Harris stands in front of a crowd of voters holidng "Freedom" signs.

Kamala Harris’s “Freedom” Campaign

Democrats’ years-long efforts to reclaim the word are cresting in this year’s Presidential race.
Two students holding peace armbands.
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Civics Skills: How the Supreme Court's Tinker Ruling Affects Students

An anti-Vietnam protest that resulted in the Supreme Court confirming that students are persons under the constitution.
Donald Trump speaking into microphone and pointing his finger.

‘I’d Rather Have 10 Ken Starrs Than One Donald Trump’

A new book explores the history of presidents who abused their constitutional power and the citizen movements that stopped them.
Stanford Law School.

Why the Right’s Mythical Version of the Past Dominates When It Comes to Legal “History”

They’re invested in legal education, creating an originalist industrial complex with outsize influence.
Angela Davis

The AAUP and the Angela Davis Case

Revisiting the AAUP's 1971 UCLA investigation.
Demonstrators protest outside the U.S. Supreme Court in Washington, March 26, 2024.

The Truth About the Comstock Act

The anti-obscenity law is unenforceable and probably unconstitutional. Conservatives still want to use it to ban medication abortions.

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