How Nervous Should You Be About Election Day?

11/2/20  //  Commentary

I'm pretty nervous. But there’s also no reason to think that the rule of law has been entirely eroded in America in 2020. So far, the center has held.

Versus Trump: On Flynn, Bolton, and Mary Trump

7/5/20  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss the D.C. Circuit's extraordinary intervention in the Michael Flynn case, and then move on to two lawsuits seeking to block publication of books: John Bolton's and Mary Trump's. Listen now!

Charlie Gerstein

Civil Rights Corps

The Unconstitutionality of Government Propaganda

4/27/20  //  Commentary

Certain kinds of government propaganda violate the Free Speech Clause. President Trump has crossed that line.

Versus Trump: Trump vs. The Mainstream Media

4/2/20  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss cases by the Trump campaign against the New York Times, CNN, and the Washington Post accusing each of these media organizations with defamation (sometimes also called libel). They have a bit of a laugh in explaining why the suits are frivolous, discuss whether the complaints are sanctionable, and debate whether the cases will have a major intimidating effect. Listen now!

Charlie Gerstein

Civil Rights Corps

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

Versus Trump: The Past And Future Of Gerrymandering

7/18/19  //  Commentary

This week on Versus Trump, Jason and Easha are joined by guest host Melissa Murray of NYU Law and the new Strict Scrutiny podcast. They discuss the recent Supreme Court decision on gerrymandering (Rucho v. Common Cause), what's next in the fight, and where you can find Melissa's wonderful new podcast. Listen now!

Easha Anand

San Francisco

The President Cannot Constitutionally Block His Critics on Twitter

7/12/19  //  Commentary

The decision is a victory for free speech, an important signal to government officials in the social media era, and a refreshing holding that the President is not above constitutional constraint

Amanda Shanor

The Wharton School

The Two Sides of Donald Trump in The @RealDonaldTrump Litigation

3/25/19  //  Commentary

The government’s brief is at war with itself with respect to the state action and government speech doctrines in the @realdonaldtrump litigation.

Kyle Skinner

Harvard Law School

Leah Litman

Michigan Law School

Laws Aimed at Silencing Political Boycotts of Israel Are Categorically Different Than Public Accommodations Laws

2/21/19  //  Commentary

Some argue that both anti-BDS and public accommodations laws protect against discrimination, and so the First Amendment should treat them the same. But the laws are nothing alike.

Amanda Shanor

The Wharton School

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