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
False Dichotomies and the Original Understanding of Press FreedomLate last year, I presented an American Bar Association webinar about the Supreme Court’s recent suggestion that, perhaps, we should look…Mar 22Mar 22
Supreme HypocritesThe conservative Court abandons its much-vaunted commitment to textualism and originalism to hand Trump a win.Jul 2, 20241Jul 2, 20241
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 11, 20241May 11, 20241
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 3, 2024May 3, 2024
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 20, 2024Apr 20, 2024
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 13, 202448Mar 13, 202448
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 10, 20243Feb 10, 20243
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, 202316Sep 23, 202316
