//  10/6/17  //  Latest Developments

It's now clear that President Trump poses unprecedented threats to freedoms of speech and press. Take Care and Protect Democracy have teamed up to host a forum in which leading scholars consider how we can use the law (and litigation) to protect against Trump's use of the "bully podium." Here are the entries in that forum.

Aiming the Bully Podium at Minority Communities

Mark Joseph Stern | 10/11/17

From the NFL to Puerto Rico to the impending ban on transgender troops, Trump uses his “free speech rights” to bully minority communities into silence.

Free Speech Solidarity

Charlotte Garden | 10/6/17

Collective action has proven an effective response to the President’s attempted interference with the employment of Jemele Hill and NFL players.

The Bully and the Press

Sonja West | 10/5/17

In response to Trump's attacks, we should embrace the unique constitutional status of journalists and mount defenses based on the First Amendment Press Clause.

Protecting Free Speech and Free Press From Motivated Malignancy

Mike Dorf | 9/28/17

Trump’s potential violations of free speech and press have much in common with his apparent violations of other constitutional limits

Constructing the Press as Enemy

RonNell Andersen Jones & Lisa Grow Sun | 9/28/17 

The Trump administration—in word and in deed—has engaged in enemy construction of the press.

Protecting Against Arbitrary Government

Sabeel Rahman | 9/27/17

Executive bullying creates a potential taint of illegitimacy, of arbitrariness, that could color the political and moral legitimacy of future governmental actions

Friends, Enemies, and Trump's First Amendment Violations

Robert Post | 9/26/17

Trump’s intemperate attacks on political speech he dislikes are inconsistent with democratic self-government.

State Action Doctrine Under An Autocrat

Leah Litman | 9/26/17

President Trump’s autocratic, anti-speech tendencies are blurring one of the key boundaries in existing First Amendment law, which draws a line between government suppression of speech and private suppression of speech.

The Bully Podium: Is the First Amendment Defenseless?

Protect Democracy | 9/19/17  

Trump has besieged freedoms of speech and press. We must prepare to fight back and defend our liberties.

 


No, Presidential Elector Litigation Will Not Lead To Chaos

9/4/19  //  Commentary

In Slate, Rick Hasen claims that litigation over the independence of presidential electors could "backfire spectacularly." I respectfully disagree.

Free Speech Warriors Or Police

8/27/19  //  Quick Reactions

It's hard to take seriously the free speech concerns of people who routinely try to censor others.

Leah Litman

Michigan Law School

Communications Infrastructure as Public Utility

8/5/19  //  In-Depth Analysis

The Second Circuit's ruling against President Trump for banning critics on Twitter invites a broader discussion about how legally to structure and regulate our increasingly digital public sphere.

K. Sabeel Rahman

Demos & Brooklyn Law School