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. 135 No. 1 Introduction “[W]hat should replace Smith?” That was Justice Barrett’s main question in Fulton v. City of Philadelphia. She expressed serious misgivings about the governing...
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. 6 Introduction In recent years, the Supreme Court has shown solicitude for religious freedom claims arising under the First Amendment and federal statutes. Cases expanding...