The First Amendment protects speech from the street corner to the ballot box. With a pervasive fear of governmental suppression and a commitment to strong public discourse, courts have forged the modern First Amendment into a democratic shield.
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.
Beginning in the 1980s, leading figures in the law of public health began to argue that protecting individual and human rights would promote public health, not interfere with it. Today, however, threats to this new synthesis view abound, and for good reason.
At a time when state police power has imposed unprecedented limitations on individuals’ ability to provide for themselves in dignity, Lochner should be brought out of lockdown.
