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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 ...
The Supreme Court said Monday that it will consider whether the First Amendment protects social media users from being blocked from commenting on the personal pages that government officials use ...
Supreme Court Justice Ketanji Brown Jackson was ridiculed on Monday after voicing her concerns that the First Amendment could limit the federal government.
But in all those scenarios, the government is doing exactly what 1st Amendment law exists to prevent: using official power to make speech less free. Gregory P. Magarian is a professor at ...
The government may encourage them to use that discretion, but when government contacts go beyond persuasion to coercion, the government’s actions violate the First Amendment.
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 ...
The essence of a First Amendment retaliation claim is that although the government may deny someone a valuable benefit for any number of reasons, “there are some reasons upon which the ...
The government does not trust its citizens, and the citizens, in turn, learn not to trust their government. An executive order goes only so far in repairing trust.
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 ...
The Supreme Court said Monday that it will consider whether the First Amendment protects social media users from being blocked from commenting on the personal pages that government officials use ...
The Supreme Court said Monday that it will consider whether the First Amendment protects social media users from being blocked from commenting on the personal pages that government officials use ...