Campbell v. Reisch
Eighth Circuit Finds State Representative Not a State Actor When Blocking Constituents on Twitter
Vol. 135 No. 6
First Amendment
Animal Legal Defense Fund v. Reynolds
Eighth Circuit Upholds Law Criminalizing Access to Agricultural Production Facilities Under False Pretenses
Vol. 135 No. 4
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...
The Principle and Politics of Liberty of Conscience
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...
Otto v. City of Boca Raton
Eleventh Circuit Invalidates Minor Conversion Therapy Bans.
Vol. 134 No. 8
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. Varner
Fifth Circuit Holds that Courts Cannot Compel Use of Preferred Pronouns.
Vol. 134 No. 6