CompassCare v. Hochul
Vol. 138 No. 8
The fundamental right to expressive association first emerged in NAACP v. Alabama ex rel. Patterson, a case that shielded a civil rights organization from...
First Amendment
Constructing Constitutional Rights
Response to Determining Rights
Vol. 138 No. 7
In his important article, Determining Rights, Professor Jud Campbell correctly observes that “[t]wo central problems in rights jurisprudence are figuring out who should make” “specifications” about what a right “demands in particular situations” and “how to make them.”
Beyond Section 230: Principles for AI Governance
Chapter Five
Vol. 138 No. 6
People for the Ethical Treatment of Animals v. Tabak
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...
H.B. 3, 2024 Leg., Reg. Sess. (Fla. 2024)
Florida Passes Law Unconstitutionally Restricting Minors' Access to Content on Social Media.
Vol. 138 No. 4
Originalism’s Age of Ironies
Vol. 138 No. 1
Guns, abortion, religious establishments, presidential power: While today’s Supreme Court identifies as originalist, it has settled constitutional questions on these and many other issues...
Lochner.com?
Comment on Moody v. NetChoice, Murthy v. Missouri, and Lindke v. Freed
Vol. 138 No. 1
Vidal v. Elster
Vol. 138 No. 1
“History and tradition” has become a dominant mode of constitutional interpretation at the Supreme Court in recent Terms. But, while the Court’s conservative Justices...
Sixth Circuit Upholds Overbroad Speech Policies in Parents Defending Education v. Olentangy Local School District Board of Education
The Supreme Court clarified how to analyze First Amendment facial challenges to state laws last Term in NetChoice v. Moody. Facial challenges are typically...
Courts Should Hold Social Media Accountable — But Not By Ignoring Federal Law
The recent Third Circuit case where the court withheld immunity for TikTok after a child died attempting a “Blackout Challenge” suggested on her “For...