Recent | Take Care

Protecting Real News: The Best Solution to the Fake News Panic

Especially in light of Trump's recent remarks, we must better protect media companies from targeted, life-threatening defamation suits

Lark Turner

Aiming the Bully Podium at Minority Communities

10/11/17 // In-Depth Analysis

By Mark Joseph Stern: 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.

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EPA Defies Its Own Best Analysis of the Clean Power Plan

10/10/17 // In-Depth Analysis

Put simply, the Pruitt EPA is issuing its proposed repeal order despite its own best analysis showing that repealing the Clean Power Plan is a very, very bad idea.

Eli Savit

University of Michigan Law School

The Supreme Court, Animus, And Amicus

10/10/17 // In-Depth Analysis

Some thoughts on a brief in a case the Court had scheduled to hear today.

Leah Litman

U.C. Irvine School of Law

The Travel Ban and the Ontology of the Compelling Interest Test

10/6/17 // In-Depth Analysis

Maybe the whole compelling interest test is misguided in Establishment Clause cases.

Michael C. Dorf

Cornell Law School

Free Speech Solidarity

10/6/17 // In-Depth Analysis

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

Charlotte Garden

Seattle University School of Law

A Primer on the DACA Rescission

10/5/17 // In-Depth Analysis

Here we address confusions and misconceptions about what DACA is (or was), and what will happen next; about the effects of DHS’s “rescission, and what the legal basis might be for that rescission; about what happens during the so-called six-month “window”; about the prospects that Trump might reverse course in March; and about the current litigation challenging DHS’s rescission.

Marty Lederman

Georgetown Law

Cristina Rodríguez

Yale Law School

Adam Cox

NYU Law School

The Bully and the Press

10/5/17 // In-Depth Analysis

By Sonja West: 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.

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Protect Democracy

Justice Kennedy, The First Amendment, and Partisan Gerrymandering

10/4/17 // In-Depth Analysis

By David Gans: Will Justice Kennedy carve out a partisan redistricting exception from foundational First Amendment principles?

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Honor Killings and the Travel Bans

10/4/17 // In-Depth Analysis

Anti-Muslim animus on the face of the second travel ban requires clear proof that the third one is free of such bigotry.

Sarah Mahmood

In A Major Immigration Case, The Government Says “We’re Going Big, So Go Home”

10/2/17 // In-Depth Analysis

The government is arguing it can deprive noncitizens of their legal rights simply by making it too difficult and painful to vindicate those rights.

Leah Litman

U.C. Irvine School of Law

Britany Riley

Constructing the Press as Enemy

9/28/17 // In-Depth Analysis

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

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Protecting Free Speech and Free Press From Motivated Malignancy

9/28/17 // In-Depth Analysis

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

Michael C. Dorf

Cornell Law School

Protecting Against Arbitrary Government

9/27/17 // In-Depth Analysis

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

K. Sabeel Rahman

Brooklyn Law School

Friends, Enemies, and Trump's First Amendment Violations

9/26/17 // In-Depth Analysis

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

Robert Post

Yale Law School