What's the Harm? The Future of the First Amendment
Volume
2020

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Comment
What's the Harm? The Future of the First Amendment
The Practice of Prayer at School Board Meetings: The Coercion Test as a Framework to Determine the Constitutionality of School Board Prayer
Claire Lee
B.A., Purdue University, 2018; J.D. Candidate, The University of Chicago Law School, 2021.

Many thanks to Professor Emily Buss for her thoughtful feedback throughout the Comment writing process. I would also like to thank Deklin Veenhuizen and the members of the 2019–2020 Board of The University of Chicago Legal Forum for their support and guidance.

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.

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What's the Harm? The Future of the First Amendment
The Majoritarian Press Clause
Sonja R. West
Otis Brumby Distinguished Professor of First Amendment Law, The University of Georgia School of Law.

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.

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What's the Harm? The Future of the First Amendment
Lapidation and Apology
Cass R. Sunstein
Robert Walmsley University Professor, Harvard University.

. I am grateful to Zachary Manley for valuable research assistance.

This is not a sermon, not exactly, but we begin with a passage from the Gospel according to John

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What's the Harm? The Future of the First Amendment
Discrimination, the Speech That Enables It, and the First Amendment
Helen Norton
Rothgerber Chair in Constitutional Law and Professor of Law, University of Colorado School of Law.

Thanks to Bethany Reece, Jessica Reed-Baum, Virginia Sargent, and Jonathan Smith for outstanding research, and to the University of Chicago Legal Forum for excellent editorial assistance. Thanks too for thoughtful comments from Rachel Arnow-Richman, Rebecca Aviel, Amal Bass, Alan Chen, Terry Fromson, Beto Juarez, Margot Kaminski, Margaret Kwoka, Vicki Schultz, Nantiya Ruan, Derigan Silver, Scott Skinner-Thompson, Catherine Smith, and the par-ticipants at the Colloquium on Scholarship on Employment and Labor Law at Texas A&M School of Law, the Free Expression Scholars Conference at Yale Law School, and the symposium on What’s the Harm? The Future of the First Amendment, at the University of Chicago Law School.

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.

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What's the Harm? The Future of the First Amendment
Free Speech and the "Unique Evils" of Public Accommodations Discrimination
Elizabeth Sepper
Professor of Law, University of Texas at Austin School of Law.

I’m grateful to Kathryn Garza for excellent research assistance and to the participants in the University of Chicago Law School’s Legal Forum Symposium, What’s the Harm? The Future of the First Amendment, for their comments and suggestions. I thank Nika Arzoumanian, Rebecca Boorstein, Austin Kissinger, Daniel Simon, Anna Porter, James Gao, Rebecca Roman, Claire Lee, Qi Xie, and the rest of the journal staff for their superb organizing and editorial assistance.

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.”

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What's the Harm? The Future of the First Amendment
"Segs and the City" and Cutting-Edge Aesthetic Experiences: Resolving the Circuit Split on Tour Guides' Licensing Requirements and the First Amendment
Marie J. Plecha
B.A. Dartmouth College; J.D. Candidate, The University of Chicago Law School.

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.

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What's the Harm? The Future of the First Amendment
When Speech Isn't Free: The Rising Costs of Hosting Controversial Speakers at Public Universities
Rebecca Roman
B.S. Florida State University; J.D. Candidate, The University of Chicago Law School, 2021.

Many thanks to Professor Baird and Professor Stone for their guidance, and to Zachary Spencer for all of his great ideas, including the topic of this Comment. I would also like to thank my dear friends on The University of Chicago Legal Forum for their contributions to this piece.

“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.

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What's the Harm? The Future of the First Amendment
Uncommon Law: The Past, Present and Future of Libel Law in a Time of "Fake News" and "Enemies of the American People"
Jane E. Kirtley
Silha Professor of Media Ethics and Law, and Director of the Silha Center for the Study of Me-dia Ethics and Law, Hubbard School of Journalism and Mass Communication, and affiliated faculty member, Law School, University of Minnesota.

Parts of this essay were adapted from the author’s lecture, “Uncommon Law: The Past, Present and Future of Libel in America,” delivered at the 2019 Reynolds School of Journalism First Amendment Forum at the University of Nevada in Reno, on April 23, 2019, and from her article Getting to the Truth: Fake News, Libel Laws, and “Enemies of the American People” published in Vol. 43, No. 4 of Human Rights Magazine. The author would like to thank Silha Center Research Assistants Scott Memmel, Sarah Wiley, and Jonathan Anderson for their invaluable research assistance. Uncommon Law: The Past, Present and Future of Libel in America, U. of Nev., Reno, h‌tt‌p‌s‌:‌/‌/‌e‌v‌e‌n‌t‌s‌.‌u‌n‌r‌.‌e‌d‌u‌/‌e‌v‌e‌n‌t‌/‌u‌n‌c‌ommon_law_the_past_present_and_future_of_libel_in_america#.XN8jrMhKiUk [https://perma.cc/EQ6Z-SS6D].

After many years of comparative quiet, the United States is experiencing a growth in libel suits brought by both public officials and private figures.