Walls v. Sanders
Vol. 139 No. 8
Government speech doctrine can be a silver bullet for government defendants facing First Amendment free speech claims. If the government is speaking, its regulation...
Education
Defending Education v. Olentangy Local School District Board of Education
Vol. 139 No. 7
While it is well established that a finding of viewpoint discrimination suffices to hold government regulation of speech unconstitutional in nonschool contexts, the interaction...
Controlling Higher Education Through Accreditation
The organizations that accredit colleges and universities by definition influence much of what institutions of higher education do and how they do it. For...
Blown Chances
Vol. 139 No. 5
At some point, less than two decades after the United States Supreme Court found racial segregation in the public schools to be unconstitutional, the...
Reimagining the Schoolhouse Gate: Children’s Right to Receive Information in the Age of Curriculum Censorship
Vol. 139 No. 3
In recent years, various legislative and school board actions have sought to restrict or censor educational content related to race, gender, sexuality, and identity.1 One prominent example is Florida’s Parental Rights in Education Act2 — the “Don’t Say Gay” law — which prohibits classroom instruction on sexual orientation and gender identity in certain grades.
“Our Money or Your Life!” Higher Education and the First Amendment
Vol. 139 No. 2
The United States government now gives an extraordinary amount of money to colleges and universities. If it threatens to withhold some of that money, it might be able to achieve important and legitimate goals. It can also create serious risks to educational institutions, perhaps even existential risks, and it might be able to use its power to move institutions in its politically preferred directions.
The Structure of Religious Preference
Vol. 139 No. 1
A revolution has occurred in the law of religious freedom. At this point, the picture is reasonably clear. The Supreme Court has greatly expanded the scope of the Free Exercise Clause.
Johnson v. National Collegiate Athletic Ass’n
Third Circuit Creates Test to Assess College Athlete Employment Status Under the Fair Labor Standards Act.
Vol. 138 No. 4
Anchors Astray: Why the Service Academy Exception is Wrong
Last month, Judge Richard Bennett of the District of Maryland ruled that the U.S. Naval Academy can continue using race in its admissions decisions. ...
History Absolves the FTC: A Defense of the Rule on Non-Competes and Functional Non-Competes
The Federal Trade Commission’s (FTC’s) Non-Compete Clause Rule (the “Rule”), finalized in spring 2024, effectively bans all non-compete clauses and “functional” non-compete clauses based...