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Gen. Robt. E. Lee, 1886.

After the Civil War, Robert E. Lee Couldn't Run for President, but Trump Can?

Despite Trump’s efforts to overturn the election, a Colorado state judge stretches the word “officer,” permitting him to remain on the state’s ballot.
Trump holding a document, against the backdrop of text defining espionage.

The Espionage Act is Bad for America—Even When it’s Used on Trump

A relic of WWI that helped destroy the anti-war left, it remains a threat to news outlets, political organizers, and challengers of the surveillance state.
M. Roland Nachman Jr., William P. Rogers and Herbert Wechsler, the lawyers in "New York Times v. Sullivan."

Keeping Speech Robust and Free

Dominion Voting Systems lawsuit against Fox News' coverage of claims that the company had rigged the 2020 election may soon become an artifact of a vanished era.
John Hart Ely.

The Liberal Giant Who Doomed Roe

His works underpins the Dobbs decision. His legacy matters enormously to what's next for constitutional law.
Senator Joseph McCarthy (left) during the Army-McCarthy hearings, with Pvt. G. David Schine (center) and Roy Cohn (right), June 7, 1954, in Washington, DC.

McCarthyite Laws Targeting Leftists Are Still on the Books Across the Country

Communists were excluded from an Oklahoma Pride festival recently, a reminder of how easily the Red Scare’s mechanisms for state repression can be revived.
U.S. Supreme Court building, left, and Kurt Vonnegut, right.

The Largely Forgotten Book Ban Case That Went Up to the Supreme Court

Library book bans are fueling national fights and a new Florida lawsuit. But only one case has come before the Supreme Court: Island Trees v. Pico.
Four men gather around a horse drawn cart carrying newspapers from Philadelphia, New York and Maryland.

There’s Already a Solution to the Crisis of Local News. Just Ask This Founding Father.

As modern lawmakers consider various means of public assistance for local news, they can learn from the founders’ approach to supporting journals and gazettes.
Signs on the campus of New College of Florida in Sarasota last month.
partner

Florida is Trying to Roll Back a Century of Gains for Academic Freedom

The state wants to severely limit what professors can say in the classroom.
Billy Graham leading a prayer at the Republican National Convention, Miami, Florida, August 1968; Richard Nixon is at right.

Victimhood and Vengeance

The contemporary rise of Christian nationalism in the US is a reactionary response to the country’s liberalization over the past half-century.
A father and son stand in front of an illustration of a circular target, while the son holds a small gun.

American as Apple Pie

How marketing made guns a fundamental element of contemporary boyhood.
Evangelical lobbyist Peggy Nienaber (R) claims she prayed with Supreme Court justices as her organization was writing amicus briefs on cases like Dobbs.

Can SCOTUS Majority Learn the Lessons of Early America Before it's Too Late?

Breaking down the myths of originalism and America's founding.
Statue of Jefferson in front of white columns of building facade

The Decline of Church-State Separation

The author of new book explains the fraught and turbulent relationship between religion and government in the U.S.
The illustration “Vaccinating the Poor,” by Solomon Eytinge Jr

The Surprisingly Strong Supreme Court Precedent Supporting Vaccine Mandates

In 1905, the high court made a fateful ruling with eerie parallels to today: One person’s liberty can’t trump everyone else’s.
Photo of an interracial couple

On California’s Eugenicist Past

Jane Dailey considers the power of the law to reinforce racism.
Two men stand in a church doorway.

The Revival of Church Sanctuary

How a long-abandoned practice became a way for undocumented immigrants to seek protection.
“The Unrestricted Dumping-Ground” by Louis Dalrymple, published in Judge, Vol. 44-45 (1903).

A History of Ideological Exclusion and Deportation in the United States

On the passage and enforcement of laws to exclude or deport immigrants for their beliefs, and the people who challenged those laws.

Our First Authoritarian Crackdown

A new book persuasively argues that the Federalists’ attempt to squash opposition and the free flow of ideas was even more nefarious than we thought.

The Racist History of Curfews in America

The restrictions imposed during recent racial justice protests have their roots in efforts to “contain” Black Americans. 

How the Republican Party Took Over the Supreme Court

The 50-year effort to advance a conservative legal agenda.
partner

A Founder of American Religious Nationalism

On Rousas Rushdoony's political thought and lasting influence on the Christian right.
Statue of Thomas Jefferson and an American flag.
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Jefferson's Other Legacy: Religious Liberty

Religious bigotry is only less pressing today than racial bigotry because of progress Jefferson helped bring about.

Republicans and Democrats Are Describing Two Different Constitutions

Conservatives and liberals both cite the nation’s charter, but they’re not talking about the same parts of it.

A Brief History of Porn on the Internet

Pornographers were in many ways the innovators who fueled the rise of the internet as we know it.
Drawing of "Uncle Sam," a common national personification of the U.S., crouched over a church. He appears to be listening to what is going on inside.

Under God

Our secular government is all tangled up with God. How did we get here?

A Century of American Protest

A side-by-side look at some of the political protests that have shaped American politics over the past hundred years.

The Original Constitution of the United States: Religion, Race, and Gender

The Constitution of 2018 is not the Constitution written by the Framers in 1787, and no one should wish otherwise.

Artificial Persons

The long road to "Citizens United."

Roger Goodell’s Father Had a Political Backbone—Why Doesn’t Roger?

The NFL commissioner is bending to pressure from a reactionary Republican president—something his father refused to do.
Daniel Ellsberg

Daniel Ellsberg Is Still Thinking About the Papers He Didn’t Get to Leak

The man who leaked the Pentagon Papers is back with a new book, The Doomsday Machine.
Seal of the County of Lehigh, Pennsylvania

Lehigh County, Pa., Fights the Courts to Keep the Cross in Its Seal

The case hinges on whether its display is to honor local history or Christianity.

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