PinnedMatthew SchaferinLessons 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.10 min read·Apr 21, 2022--2--2
Matthew SchaferPornography, 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.5 min read·Mar 13, 2024--51--51
Matthew SchaferTruly, 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?7 min read·Feb 10, 2024--2--2
Matthew SchaferOffensive 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”…2 min read·Nov 20, 2023----
Matthew SchaferA 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.)8 min read·Sep 23, 2023--17--17
Matthew SchaferThe 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…8 min read·May 11, 2023--1--1
Matthew SchaferA website creator is using the Second Amendment to try and upend the FirstA website creator that doesn’t want to build websites for gay people is resorting to a Second Amendment case to win. Will the Court bite?6 min read·Oct 16, 2022--2--2
Matthew SchaferAn Open Letter to Chief Justice RobertsDear Chief Justice Roberts:3 min read·Sep 11, 2022----
Matthew SchaferinGENThe Fix Is InThe Court says formerly fundamental rights, like abortion, should be sent back to the States’ elected representatives while at the same…4 min read·Jun 24, 2022----
Matthew SchaferinGENStop the Presses: How Litigants Use the Courts to Try to Gag the PressLitigants are going to court with a once rare request: an order to stop news organizations from reporting the news6 min read·Feb 11, 2022----
