Vol. 135 No. 2 Until well into the twentieth century, American law recognized blasphemy as proscribable speech. The blackletter rule was clear. Constitutional liberty entailed a right to...
Vol. 135 No. 1 When neither the original public meaning nor existing legal precedent can answer a legal question, the judiciary must rely on more creative modes of...
Vol. 134 No. 7 The First Amendment dominates debate about freedom of speech in the United States. Yet it is not the only legal instrument that protects expressive...
Vol. 134 No. 1 Among the “historic and traditional” categories of unprotected speech — “the prevention and punishment of which have never been thought to raise any Constitutional...
Vol. 133 No. 7 Introduction: “One Damned Case After Another” Following the revelations of foreign interference in the 2016 presidential election, several states passed election laws obliging internet...