On May 13, 2026, Judge Leon of the D.C. District Court temporarily enjoined on First Amendment grounds U.S. financial sanctions and travel restrictions against...
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...
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...
Vol. 139 No. 4 The kids are not okay. Evidence of decreasing school performance, increasing rates of depression and anxiety, and declining social engagement among minors has created...
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.
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.
Vol. 138 No. 5 How to regulate speech on social media platforms has been the subject of vigorous debate and recent Supreme Court opinions. In particular, government agencies...
Vol. 138 No. 2 Introduction What may and what should courts and legislatures do about private restrictions on speech? This has long been a critically significant and contested...
Vol. 138 No. 1 The Supreme Court has traditionally emphasized its duty to resolve specific “Cases” or “Controversies,” and not to declare general principles of law wholly unmoored...