Demonstrator with sign that reads "Journalism is not a crime"
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When the War on the Press Turns Violent, Democracy Itself is at Risk

The bloody history of attacks on American journalists.
Chelsea Manning photo
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How The Espionage Act Became a Tool of Repression

This isn’t all history, of course. The Espionage Act is still on the books: Chelsea Manning was charged under it in 2011.

America's Obsession With Rooting out Communism Is Making a Comeback

California lawmakers debate barring Communist party members from government jobs.
An American flag flying in front of a large Christian cross.

The Religious-Liberty Attack on Transgender Rights

Conservative Christians are out to restore their historical legal privileges.

The Strange Career of Free Exercise

How efforts to bolster religious liberty set off a chain of unintended consequences.

Prior Convictions

Did the Founders want us to be faithful to their faith?
Stanford Law School.

Why the Right’s Mythical Version of the Past Dominates When It Comes to Legal “History”

They’re invested in legal education, creating an originalist industrial complex with outsize influence.
Angela Davis

The AAUP and the Angela Davis Case

Revisiting the AAUP's 1971 UCLA investigation.
Demonstrators protest outside the U.S. Supreme Court in Washington, March 26, 2024.

The Truth About the Comstock Act

The anti-obscenity law is unenforceable and probably unconstitutional. Conservatives still want to use it to ban medication abortions.
Gen. Robt. E. Lee, 1886.

After the Civil War, Robert E. Lee Couldn't Run for President, but Trump Can?

Despite Trump’s efforts to overturn the election, a Colorado state judge stretches the word “officer,” permitting him to remain on the state’s ballot.
Trump holding a document, against the backdrop of text defining espionage.

The Espionage Act is Bad for America—Even When it’s Used on Trump

A relic of WWI that helped destroy the anti-war left, it remains a threat to news outlets, political organizers, and challengers of the surveillance state.
M. Roland Nachman Jr., William P. Rogers and Herbert Wechsler, the lawyers in "New York Times v. Sullivan."

Keeping Speech Robust and Free

Dominion Voting Systems lawsuit against Fox News' coverage of claims that the company had rigged the 2020 election may soon become an artifact of a vanished era.
John Hart Ely.

The Liberal Giant Who Doomed Roe

His works underpins the Dobbs decision. His legacy matters enormously to what's next for constitutional law.
Senator Joseph McCarthy (left) during the Army-McCarthy hearings, with Pvt. G. David Schine (center) and Roy Cohn (right), June 7, 1954, in Washington, DC.

McCarthyite Laws Targeting Leftists Are Still on the Books Across the Country

Communists were excluded from an Oklahoma Pride festival recently, a reminder of how easily the Red Scare’s mechanisms for state repression can be revived.
U.S. Supreme Court building, left, and Kurt Vonnegut, right.

The Largely Forgotten Book Ban Case That Went Up to the Supreme Court

Library book bans are fueling national fights and a new Florida lawsuit. But only one case has come before the Supreme Court: Island Trees v. Pico.
Four men gather around a horse drawn cart carrying newspapers from Philadelphia, New York and Maryland.

There’s Already a Solution to the Crisis of Local News. Just Ask This Founding Father.

As modern lawmakers consider various means of public assistance for local news, they can learn from the founders’ approach to supporting journals and gazettes.
Signs on the campus of New College of Florida in Sarasota last month.
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Florida is Trying to Roll Back a Century of Gains for Academic Freedom

The state wants to severely limit what professors can say in the classroom.
Billy Graham leading a prayer at the Republican National Convention, Miami, Florida, August 1968; Richard Nixon is at right.

Victimhood and Vengeance

The contemporary rise of Christian nationalism in the US is a reactionary response to the country’s liberalization over the past half-century.
A father and son stand in front of an illustration of a circular target, while the son holds a small gun.
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American as Apple Pie

How marketing made guns a fundamental element of contemporary boyhood.
Evangelical lobbyist Peggy Nienaber (R) claims she prayed with Supreme Court justices as her organization was writing amicus briefs on cases like Dobbs.

Can SCOTUS Majority Learn the Lessons of Early America Before it's Too Late?

Breaking down the myths of originalism and America's founding.