PinnedPublished inLessons from HistoryNew York Times v. Sullivan and the Forgotten Session of the US Supreme CourtA forgotten session of the US Supreme Court shows a Chief Justice at odds with conservative calls to overrule a landmark precedent.Apr 21, 20222Apr 21, 20222
Supreme HypocritesThe conservative Court abandons its much-vaunted commitment to textualism and originalism to hand Trump a win.Jul 21Jul 21
Published inLessons from HistoryAs Original As Apple Pie: The Reporter’s Privilege at America’s FoundingA new review of the historical record suggests that many at the Founding understood liberty of the press to protect printers from compelled…May 111May 111
The Books George Washington Saved from the BritishAs the British approached Philadelphia, patriots snuck books, containing an early copy of the Declaration of Independence, out of the city…May 3May 3
The Court Might Gut a Key First Amendment Doctrine. Few Even Noticed.In a little-noticed exchange, multiple Justices considered doing away with a doctrine that makes it easier to invalidate unconstitutional…Apr 20Apr 20
Pornography, Texas, and the Origin Myth of the First AmendmentContrary to popular belief, the Founders did not put the First Amendment first because it was the most important.Mar 1348Mar 1348
Truly, what are we doing here?On Thursday, the Supreme Court live-streamed oral argument audio of the Trump/Colorado ballot case. Where’s the video?Feb 102Feb 102
Offensive Speech Is Still Free Speech (That’s a Good Thing)My local newspaper told its readers a politician’s criticisms of Israel were unprotected hate speech. But it’s the freedom to express “bad”…Nov 20, 2023Nov 20, 2023
A Conservative Judge’s Ruling about Drag Shows Is a Battle Plan to Undo the First AmendmentWhat one federal judge’s war on queer college students tells us about the future of free speech. (Spoiler: it’s nothing good.)Sep 23, 202317Sep 23, 202317
The Meaning of Freedom of the Press at the FoundingCourts and scholars have long debated the meaning of the Constitution’s Press Clause. One popular theory — that it only protects access to…May 11, 20231May 11, 20231
