Black students from Alabama State College stage a mass rally on the steps of the Alabama State Capitol in 1960.
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What’s Behind the Fight Over Whether Nonprofits Can Be Forced to Disclose Donors’ Names

A reminder of how tricky it is to balance protecting transparency and freedom of association.
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When Art Fuels Anger, Who Should Prevail?

Controversial artworks are flashpoints when artistic freedom and religious sensitivities collide.
Eugene V. Debs, in prison clothes, flanked by Socialist party leaders.

Free Speech Wasn't So Free 103 Years Ago

When 'seditious' and 'unpatriotic' speech was criminalized in the U.S.

When Speech Meets Hate

A legal expert offers a First Amendment analysis of the summer’s violent rallies.
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What Centuries of Common Law Can Teach Us About Regulating Social Media

Today, tech platforms, including social media, are the new common carriers.
Parental advisory sticker warning of explicit content.
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Who Gets to Regulate #*%&? Free Speech in Popular Culture

When speech offends, who decides where boundaries should be drawn?
"The American River Ganges," a 1871 political cartoon by Thomas Nast from Harper's Weekly, depicting Catholic priests as foreign crocodiles preying on US children, illustrating the fear behind the proposed Blaine Amendment.

After the Blaine Era

The landscape for educational freedom is finally freed of 19th century prejudices, but other federal constitutional questions remain.
Jonathan Engel
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As SCOTUS Examines School Prayer, Families Behind a Landmark Ruling Speak Out

The Supreme Court opened the door to challenges on school prayer, 60 years after a landmark ruling in Engel v. Vitale.
Ethel and Julius Rosenberg leaving the courthouse in a prison van, 1951.

Not How He Wanted to Be Remembered

Two decades passed before the ghosts of the Rosenbergs came back to haunt Irving Kaufman, the judge who sentenced them to death.
Ernest Mandel.

Ideological Exclusion & Deportation: Political Repression through the Suppression of Free Expression

The motivations behind the Nixon administration’s decisions and use of ultimate discretion to exclude or deport were political and self-interested.
A microphone animated as a black snake.

The Dark Side of Defamation Law

A revered Supreme Court ruling protected the robust debate vital to democracy—but made it harder to constrain misinformation. Can we do better?
Security guards separate guests on an episode of ‘The Jerry Springer Show’ titled ‘I am pregnant by my half-brother.’

Jerry Springer and the History of That [Bleeping] Bleep Sound

As ‘The Jerry Springer Show’ climbed the ratings ladder, the censorship bleep became a star of the show.
Justin Jones, Justin Pearson, and Gloria Johnson locking hands.

Tennessee

The state GOP's expulsion of legislators Justin Pearson and Justin Jones echoes Georgia's refusal to seat congressman Julian Bond in 1965 for opposing the Vietnam War.
Protesters outside the Supreme Court on December 5, when oral arguments were heard in 303 Creative LLC v. Eleni.

The New Faith-Based Discrimination

A sharp uptick in challenges to U.S. antidiscrimination laws threatens decades of progress in extending civil rights to all.
Painting of a person facing another person whose head is made up of sixteen little heads. Untitled (Study) by Geoff McFetridge.

Originalism’s Charade

Two new books make a devastating case against claims that the Constitution should be interpreted on the basis of its purported “original meaning.”
The cover of the book "This Earthly Frame," depicting clouds swirling around the US Capitol dome.

The Struggle to Make the United States Secular

How progressives came to think that any recognition of Christianity by a public institution violates others’ rights.
Two people wearing sunglasses peeking over a fence

Privacy Isn't in the Constitution – But It's Everywhere in Constitutional Law

The Supreme Court has found protections for people’s privacy in several constitutional amendments – and used it as a basis for some fundamental protections.
Black and white people sitting at a lunch counter.

When Rights Went Right

Is the American conception of constitutional rights too absolute?
Richard Nixon giving a press briefing.
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Presidents v. Press: How the Pentagon Papers Leak Set Up First Amendment Showdowns

Efforts to clamp down on White House leaks to the press follow a pattern that was set during the Nixon era after the publication of the Pentagon Papers.
U.S. Supreme Court justices.
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A Major Supreme Court First Amendment Decision Could be at Risk

Without New York Times vs. Sullivan, freedom of speech and the press could be drastically truncated.