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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.
by
Helen J. Knowles-Gardner
via
Made by History
on
January 16, 2024
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When Art Fuels Anger, Who Should Prevail?
Controversial artworks are flashpoints when artistic freedom and religious sensitivities collide.
via
Retro Report
on
November 9, 2023
Free Speech Wasn't So Free 103 Years Ago
When 'seditious' and 'unpatriotic' speech was criminalized in the U.S.
by
Eric Robinson
via
The Conversation
on
May 13, 2021
When Speech Meets Hate
A legal expert offers a First Amendment analysis of the summer’s violent rallies.
by
Frederick Schauer
via
Virginia Magazine
on
November 21, 2017
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Super Chief
Reconsidering Earl Warren's place in U.S. history.
by
Michael Bobelian
via
HNN
on
May 14, 2024
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Why Colleges Don’t Know What to Do About Campus Protests
Despite frequent litigation, U.S. courts have created a blurry line that puts administrators in an impossible situation.
by
Jack Hodgson
via
Made by History
on
April 29, 2024
What Centuries of Common Law Can Teach Us About Regulating Social Media
Today, tech platforms, including social media, are the new common carriers.
by
Ganesh Sitaraman
,
Morgan Ricks
via
LPE Project
on
February 26, 2024
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Who Gets to Regulate #*%&? Free Speech in Popular Culture
When speech offends, who decides where boundaries should be drawn?
via
Retro Report
on
January 18, 2024
After the Blaine Era
The landscape for educational freedom is finally freed of 19th century prejudices, but other federal constitutional questions remain.
by
Bruno V. Manno
via
Law & Liberty
on
December 4, 2023
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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.
via
Retro Report
on
October 26, 2023
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.
by
Linda Greenhouse
via
New York Review of Books
on
June 1, 2023
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.
by
Harvard University Press
via
Medium
on
May 12, 2023
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?
by
Jeannie Suk Gersen
via
The New Yorker
on
May 11, 2023
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.
by
Matthew Jordan
via
The Conversation
on
May 2, 2023
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.
by
Joyce Vance
via
Joycevance.substack
on
April 7, 2023
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.
by
Louise Melling
via
Boston Review
on
December 14, 2022
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.”
by
David Cole
via
New York Review of Books
on
November 3, 2022
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.
by
Johann N. Neem
via
Los Angeles Review of Books
on
July 15, 2022
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.
by
Scott Skinner-Thompson
via
The Conversation
on
June 15, 2022
When Rights Went Right
Is the American conception of constitutional rights too absolute?
by
David Cole
via
New York Review of Books
on
March 31, 2022
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Associated Tags:
Establishment Clause
Free Exercise Clause