First Amendment - Page 6 of 12 - Harvard Law Review

Living The Sacred: Indigenous Peoples and Religious Freedom

Vol. 134 No. 6 April 2021 Introduction In recent years, the Supreme Court has shown solicitude for religious freedom claims arising under the First Amendment and federal statutes. Cases expanding...

Kristen A. Carpenter

First Amendment Blog Essay

Unbundling the First Amendment: Lessons from an Impeachment

March 1, 2021 A broad consensus of legal analysts—joined, it seems, by most senators of both political parties—recognizes that former President Donald Trump did not have a...

Richard Primus

First Amendment Recent Case

Washington Post v. McManus

Fourth Circuit Invalidates Maryland’s Online Campaign Advertising Disclosure Law.

Vol. 134 No. 4 February 2021

First Amendment Reflection

Reflection on Our Lady of Guadalupe School v. Morrissey-Berru and the Place of Religious Education in American Society

Vol. 134 No. 1 November 2020 Religious education, formal and informal, is core to almost every faith, but in the United States, Catholic schools have had a particularly prominent role....

Constitutional Law Leading Case

United States v. Sineneng-Smith

Vol. 134 No. 1 November 2020 Among the “historic and traditional” categories of unprotected speech — “the prevention and punishment of which have never been thought to raise any Constitutional...

Constitutional Law Leading Case

Our Lady of Guadalupe School v. Morrissey-Berru

Vol. 134 No. 1 November 2020 Eight years ago, the Supreme Court held in Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC that religious institutions are immune from employment discrimination...

Constitutional Law Leading Case

Espinoza v. Montana Department of Revenue

Vol. 134 No. 1 November 2020 The Religion Clauses of the Constitution have proven difficult for the Supreme Court to untangle. Critics of the Court’s fractured Religion Clauses jurisprudence have...

Constitutional Law Leading Case

Agency for International Development v. Alliance for Open Society International, Inc.

Vol. 134 No. 1 November 2020 Whether constitutional rights apply beyond the physical borders of the United States has been a contested issue for over a century in Supreme Court...

Executive Power Recent Case

Recent Case: U.S. WeChat Users Alliance v. Trump

October 14, 2020 On August 6, 2020, the Trump Administration issued Executive Order 13943, banning the use of WeChat, a Chinese social media app, in the United...

First Amendment Response

Platforms as Trustees: Information Fiduciaries and the Value of Analogy

Responding to David E. Pozen & Lina M. Khan, A Skeptical View of Information Fiduciaries

Response to A Skeptical View of Information Fiduciaries

Vol. 133 No. 9 October 2020

Claudia E. Haupt