Zach Greenberg is a Justice Robert H. Jackson Legal Fellow at the Foundation for Individual Rights in Education (FIRE), a nonpartisan, nonprofit organization dedicated to defending liberty, freedom of speech, due process, academic freedom, legal equality, and freedom of conscience on America’s college campuses.
President Trump likes to talk. Between his early morning tweets and his stream-of-consciousness press conferences, he might be the most vocal president in modern history. His words, it turns out, do matter—and not just in the bully pulpit sense. A series of judicial decisions striking down
In its efforts to combat crime committed by street gangs—a societal ill that unquestionably warrants tough measures—California has pursued a range of aggressive tactics. It is axiomatic, however, that the tough measures employed must not violate the protections enshrined in the Constitution. This is particularly
Religion is a divisive issue. Few subjects arouse more controversy than the extent to which the government should permit, or even facilitate, the free exercise of religion. Even in progressive circles, there continues to be passionate disagreement as to the role religion should play in
In recent months, nearly everyone has been talking about politics – including celebrities. When Mike Pence attended the popular musical Hamilton, the cast took the opportunity to applaud diversity and ask him to “uphold our American values.” Green Day directly blasted Donald Trump, the KKK,
If you want to confuse a roomful of law students, teach them First Amendment doctrine. Courts have struggled over the years to develop a consistent jurisprudence, instead creating “a vast Sargasso Sea of drifting and entangled values, theories, rules, exceptions, predilections.” Recent events at
It is no secret the Supreme Court of the United States is both generally hostile to class action lawsuits and gives great deference to arbitration clauses. The use of arbitration clauses is becoming so ubiquitous that the public is beginning to take notice. The New
Developments at Spring Valley High School
A federal civil rights investigation has been opened by the Department of Justice following the violent arrest of a student caught on video at Spring Valley High School in Columbia, South Carolina.
Deputy Ben Fields, the officer seen violently pulling the student
Imagine that you are walking on your way to work. As usual, you listen to your iPod as you walk. Unconsciously, you begin to sing along to your favorite song, which just so happens to be Bob Marley’s classic “I Shot the Sheriff.” By the
Last week, the Harvard Law Students for Reproductive Justice hosted a panel to discuss the law’s intersection with revenge porn. The paradigm case of revenge porn involves the public online posting of nude or sexually explicit pictures of a person, often with attached identifying information