PinnedInLessons from HistorybyMatthew Schafer·Apr 21, 2022New 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.A response icon2A response icon2
Matthew Schafer·Jan 8Trump’s Dangerous Fiction: “Illegal” JournalismBy labeling critical coverage as “corrupt and illegal,” Trump threatens to use the justice system to settle political scores.A response icon1A response icon1
Matthew Schafer·Mar 22, 2025False 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…
InLessons from HistorybyMatthew Schafer·May 11, 2024As 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…A response icon1A response icon1
Matthew Schafer·Apr 20, 2024The 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…
Matthew Schafer·Mar 13, 2024Pornography, 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.A response icon46A response icon46
Matthew Schafer·Feb 10, 2024Truly, 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?A response icon3A response icon3
Matthew Schafer·Nov 20, 2023Offensive 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”…
Matthew Schafer·Sep 23, 2023A 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.)A response icon16A response icon16
Matthew Schafer·May 11, 2023The 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…A response icon2A response icon2
