I have a new draft up on SSRN, called The First Amendment Right to Affirmative Action.I'd appreciate constructive comments from anyone who's interested! Here's the abstract: In the wake of ...

Supreme Court Justice Ketanji Brown Jackson was ridiculed on Monday after voicing her concerns that the First Amendment could limit the federal government.

On the first day of his second term, President Donald Trump signed an executive order aimed at "restoring freedom of speech." But judging from his administration's policies and his actions as a ...

It said that a government official’s personal social media page could be considered a public forum – and covered by the First Amendment’s prohibitions against certain state action ...

Alas, the First Amendment's guarantee of freedom of the press is an empty promise if there is no independent press to exercise that freedom. The masthead of The Washington Post's webpage still ...

Trump’s orders targeting law firms transparently disregard the rule against blocking dissenters, and openly seek to impede channels of political challenge and change.