Free speech jurisprudence is complicated, and rarely are there easy answers in this space. But social media platforms such as Facebook and Twitter present especially difficult challenges. They have unquestionably cemented themselves as the primary modes of communication in the modern era; they have become
Beginning in October 2017, in order to receive aid to rebuild after Hurricane Harvey, residents of Dickinson, Texas were required to verify that they would not boycott Israel. The city of Dickinson’s application form for hurricane repair funding included the following clause:
“By executing this Agreement below,
The Supreme Court is about to hear an anti-choice challenge to a California law regulating sham “crisis pregnancy centers,” clinics that pose as women’s health centers to prevent people from seeking abortions. But maybe anti-choice challengers should be careful what they wish for: if they win, the decision could prompt challenges to abortion laws around the country to laws that restrict abortion access and force abortion provider to mislead their patients.
On December 4, 2014, two photographers found themselves in the custody of the New York Police Department. Both were arrested while documenting a protest in Times Square over the decision not to indict the police officer responsible for Eric Garner’s death.
After more than 1,100 law professors sent an open letter opposing the nomination of Senator Jeff Sessions for Attorney General, many received something wholly unexpected in return: open records requests for their university-account emails containing the words “Sessions,” “Jeff Sessions,” or “Attorney General.” These requests
An idyllic hilltop retreat, where I spent four years of my life, has turned, it seems, into a national battleground. A controversial speaker, a campus protest, an injured professor, and conservatives and liberals alike have rushed to denounce a Middlebury College event as the latest
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,
A Coherent Middle Ground in the Apple-FBI All Writs Act Dispute?
LawFare tackles the Apple-FBI controversy and tries to spell out “a moderate position on the scope of the All Writs Act” in light of the dueling orders from Judge Pym (CDCA) and Judge Orenstein (EDNY).
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
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