Meriwether v. Hartop
Sixth Circuit Holds Public University Professor Plausibly Alleged Free Speech Right Not to Use Trans Student's Pronouns
Vol. 135 No. 7
First Amendment: Speech
Campbell v. Reisch
Eighth Circuit Finds State Representative Not a State Actor When Blocking Constituents on Twitter
Vol. 135 No. 6
Blasphemy and the Original Meaning of the First Amendment
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...
Mahanoy Area School District v. B. L.
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...
United States v. Miselis
Fourth Circuit Finds the Anti-Riot Act Partially Unconstitutional.
Vol. 134 No. 7
Wilson v. Houston Community College System
Fifth Circuit Creates Circuit Split by Finding a Legislature’s Censure Can Violate the First Amendment.
Vol. 134 No. 7
The Non–First Amendment Law of Freedom of Speech
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...
United States v. Sineneng-Smith
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...
NLRB v. International Ass’n of Bridge, Structural, Ornamental, & Reinforcing Iron Workers, Local 229
Ninth Circuit Holds that First Amendment Does Not Protect Encouraging Secondary Boycotts.
Vol. 133 No. 8
Two Models of the Right to Not Speak
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...