A Free Press Requires a Strong and Independent Judiciary

10/20/17  //  In-Depth Analysis

A free press and a strong judiciary are among the best bulwarks against authoritarianism, and we need one to have the other.

Nancy Leong

Sturm College of Law

An Analysis of DOJ's Brief in Masterpiece Cakeshop

10/18/17  //  In-Depth Analysis

DOJ's effort to to transform this case into a freedom of speech decision threatens the integrity of First Amendment rights. It should be rejected.

Robert Post

Yale Law School

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

10/12/17  //  In-Depth Analysis

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

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.

Take Care

The Value of Gerrymandering

10/7/17  //  Commentary

What is the value to democracy from political gerrymandering for partisan advantage? The intuitive answer is the right one: None.

G. Michael Parsons

NYU School of Law

Forum on Defending the First Amendment from Trump

10/6/17  //  Latest Developments

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.'

Take Care

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

Versus Trump: So, Can California Really Do That?

10/5/17  //  Commentary

On this week’s episode of Versus Trump, Charlie and Jason discuss a recently-passed bill awaiting the signature of California Governor Jerry Brown that, if signed into law, would require presidential candidates to disclose five years of federal of tax returns in order to appear on the ballot in California. Jason and Charlie ask each other whether California has the constitutional power to do that, and, if so, whether it's a good idea. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

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.

Take Care

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?

Take Care

Our Imperiled Absolutist First Amendment

10/3/17  //  Commentary

Recent developments could imperil constitutional protections for expressive freedom.

Zachary Price

U.C. Hastings College of the Law

Versus Trump: [This Episode Blocked]

9/28/17  //  Commentary

On this week’s episode of Versus Trump, Easha, Jason, and Charlie dive into the merits of a lawsuit brought by Twitter users who have been blocked by @realDonaldTrump. They claim the President's blocking violates the First Amendment. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

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

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.

Take Care

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

Demos & Brooklyn Law School