Print Archive
This article focuses on two procedural mechanisms for strengthening the First Amendment within the criminal legal system: robust grand jury/indictment and unanimity requirements. These requirements help vindicate the First Amendment by testing the facts of a case against the constitutionalized elements of the offense.
This Article explores the current wave of First Amendment challenges to the exclusive representation system and other aspects of public sector labor relations, arguing that these systems are constitutional as a matter of both law and of logic.
When federal officials told Ravidath Ragbir that they were deporting him because of his immigration activism, no one could stop them. This unreviewability was by design — a feature, rather than a bug, of our immigration laws.
The debate begins with a basic question: should platforms be responsible for user-generated content? If so, under what circumstances? What exactly would such responsibility look like?
Prayer in the public sphere has been part of American daily life since the founding. Historically, both legislative sessions and school days began with Bible readings or prayers to solemnize the day.
In early 2018, stories began circulating that something troubling was happening at the United States––Mexico border. The reports claimed that the United States government was separating migrant families and then holding children (as well as adults) by the thou-sands in crowded, possibly inhumane environments.
This is not a sermon, not exactly, but we begin with a passage from the Gospel according to John
Imagine that you’re interviewing for your dream job, only to be asked by the hiring committee whether you’re pregnant. Or HIV-positive. Or Muslim. Does the First Amendment protect your interviewers’ inquiries from government regulation? This Article explores that question.
For over a hundred years, the U.S. Supreme Court—and an array of state supreme courts—consistently rejected arguments that businesses open to the public have a constitutional right to provide less than the full and equal services required by antidiscrimination laws. The Supreme Court made clear that public accommodations law “does not, on its face, target speech or discriminate on the basis of its content.”
Tourism represents an important contributor to state and local economies. Accordingly, some U.S. cities have sought to regulate operations of the industry, including the activities of official tour guides.
“Free” speech seems like a misnomer when looking at the price public universities have to pay to protect students’ First Amendment rights. Accommodating controversial speakers on campus requires universities to balance budget constraints with free speech.
After many years of comparative quiet, the United States is experiencing a growth in libel suits brought by both public officials and private figures.