Vol. 139 No. 8 In recent years, states have enacted wide-ranging requirements for technologies like social media and generative artificial intelligence. These regulations are, like all government action,...
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. 5 Religious freedom claimants have achieved tremendous success before the Supreme Court in recent years. Yet free exercise jurisprudence has bounced between skepticism and embrace...
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...
President Trump is once again threatening to cut federal funding for “sanctuary jurisdictions” that fail to cooperate with his Administration’s forceful immigration policies. The...
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.
Vol. 139 No. 1 The Supreme Court has consistently confirmed that nonobscene sexually explicit content is First Amendment–protected expression. It has treated this sexually explicit content the same...
Vol. 139 No. 1 Since it burst into American public consciousness in 2018, TikTok has amassed roughly 170 million monthly U.S. users and more than one billion worldwide...
Vol. 138 No. 8 “God hates you wicked baby killing whores,” “cocksucker,” “fucking cunt,” and “shut your fucking mouth, you bitch” are statements that start fights. In 1791,...
