Protecting Acosta Means Protecting Press Rights, Not Just Procedure

11/16/18  //  Quick Reactions

By Victoria Baranetsky: If we wish to protect democracy, it would be helpful for judges to more clearly articulate protections under the Press Clause

Take Care

History Shows that Trump’s Excuses Should Not Fly in the CNN/Acosta Lawsuit

11/15/18  //  Commentary

By Jonathan Backer: President Trump is not the first American politician to retaliate against a journalist or media outlet for coverage that he does not consider favorable

Take Care

Why the Constitution Bars Trump from Retaliating Against Jim Acosta

11/13/18  //  Commentary

By Bruce D. Brown and Joshua A. Geltzer: The United States has a long and proud history of journalists asking the President pointed questions without fear or favor

Take Care

Symmetric Constitutionalism for a Polarized Era

10/30/18  //  Commentary

Judges should strive toward constitutional understandings that protect the interests of people on different sides of the ideological spectrum

Zachary Price

U.C. Hastings College of the Law

Twitter and the Political Community

10/26/18  //  In-Depth Analysis

By communicating mainly through Twitter, Trump has asserted the power to define his own political community—and to exclude people from it.

Kate Shaw

Cardozo Law

Versus Trump: Can Courts Tell Trump To Stop Violating The First Amendment?

10/25/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie talk about a new lawsuit by a group of journalists (filed by the legal group Protect Democracy) that hopes to stop President Trump from threatening adverse government action against those who criticize him. Plus, a Wilbur Ross update and a constitutional trivia question. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Versus Trump: Trump Wins One Versus Stormy

10/18/18  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason and Charlie talk about the recent decision that dismissed Stormy Daniels' defamation lawsuit against the President. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Versus Trump: The Power's Out. Literally.

9/13/18  //  Commentary

On this week's episode of Versus Trump, Jason gives a quick update on a case we're watching and then signs off, because, well, in the middle of recording this week's episode, Charlie's power went out. But we'll be back next week with a full show.

Jason Harrow

Equal Citizens

Charlie Gerstein

Civil Rights Corps

Versus Trump: A Two-Level Versus Trump Case

8/30/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie talk about a case that fits our podcast on two levels: it's a lawsuit against the Trump Administration about grand jury secrecy, and any decision could impact the Mueller investigation, which is the biggest Versus Trump case of them all. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Inside the Doomed Union Refund Lawsuits, Part II

7/24/18  //  Uncategorized

Shortly after I posted my initial take on the headline-grabbing set of class action lawsuits seeking millions of dollars in refunds from public sector unions after Janus, two interesting things happened.

Aaron Tang

UC Davis School of Law

The Doomed—And Dangerous—Demand for Refunds from Public Sector Unions

7/19/18  //  Commentary

Sending unions into bankruptcy because they mistakenly trusted the Supreme Court when it stood by Abood in 2012 (and declined to overrule it again in 2014) would be more than a blow to middle class workers; it would be a serious danger to the rule of law.

Aaron Tang

UC Davis School of Law

Compulsion and Complicity

7/12/18  //  In-Depth Analysis

By Catherine Fisk: The conservative majority's deregulatory use of the First Amendment will weaken it as a safeguard against tyranny

Take Care

Elusive Silver Linings & The Deregulatory First Amendment

7/9/18  //  Commentary

Sometimes the oncoming storm is easier to spot than the silver linings.

The Recyclable Sentences of the Deregulatory First Amendment

7/5/18  //  In-Depth Analysis

There are a few recyclable sentences lurking in lower-profile cases that may offer the best guidance to where the Court is heading next

Nikolas Bowie

Harvard Law School

The Deregulatory First Amendment Strikes Back

7/3/18  //  Commentary

The first in a series of posts on the uses and abuses of the First Amendment as a deregulatory tool

Charlotte Garden

Seattle University School of Law