Counterman v. Colorado
Vol. 137 No. 1
The chilling effect doctrine is “a major substantive component of first amendment adjudication,” but courts’ understanding of chilling effects is limited and narrow. In...
First Amendment
Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith
Vol. 137 No. 1
Art is imitation (at least according to Plato and Justice Kagan). Last Term, in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith,...
Mazo v. New Jersey Secretary of State
Third Circuit Holds that New Jersey's "Consent Requirement" for Ballot Slogans is Content Neutral.
Vol. 136 No. 8
Radwan v. Manuel
Second Circuit Expands Title IX Disparate Treatment Analysis.
Vol. 136 No. 8
The Amendment the Court Forgot in Twitter v. Taamneh
There was something conspicuously absent from the courtroom when the Supreme Court heard arguments in Twitter v. Taamneh last week. For decades now, the...
Price v. Garland
D.C. Circuit Holds that Filming in Public Forums Is Subject to Lower Level of First Amendment Protection Than Expressive Activities.
Vol. 136 No. 4
Pandora’s Box of Religious Exemptions
Vol. 136 No. 4
Introduction In 2021, the Satanic Temple filed suit in federal court challenging Texas’s abortion bans on grounds of religious liberty. Thanks to the Supreme...
Egbert v. Boule
Vol. 136 No. 1
Fifty-one years ago, in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Supreme Court announced a cause of action for...
Shurtleff v. City of Boston
Vol. 136 No. 1
In heraldry, descriptions of flags are to be “most concise, . . . always minutely exact, definite, and explicit.” The same cannot be said for the Free Speech...
FEC v. Ted Cruz for Senate
Vol. 136 No. 1
Candidates for federal office may loan an unlimited amount of their own money to their campaign committees. However, under section 304 of the Bipartisan...