Recent | Take Care

Complicity and Speech: The Right’s New Effort to Rewrite the First Amendment

Conservative legal activists have pushed a sweeping view of the First Amendment’s protection against compelled speech. These new complicity claims should fail.

David Gans

CAC

Versus Trump: Trump The Trustbuster (Interview with Lina Khan)

11/30/17 // In-Depth Analysis

On this week’s episode of Versus Trump, Charlie has an interview with antitrust expert Lina Khan, Director of Legal Policy of the Open Markets Institute, about the lawsuit filed by the Trump Administration to block the proposed AT&T/Time Warner merger. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Versus Trump: Updates, Y'all!

11/9/17 // Commentary

You want updates, so we've got updates! On this week’s episode of Versus Trump, Jason and Easha revisit several important cases and news items that we've previously mentioned so that you have the latest information on them. Listen now!

Jason Harrow

Gerstein Harrow LLP

Easha Anand

San Francisco

The First Amendment and Soliciting Crimes of Migration

11/2/17 // In-Depth Analysis

By Daniel I Morales: Can the federal government make it a crime to encourage or induce a noncitizen to illegally enter or reside in the United States?

Take Care

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

The Easy Take And The Right Take On The Charlottesville Lawsuit

10/16/17 // Commentary

There are two ways to look at one of the recent lawsuits against the organizers of the Charlottesville rally, the easy way and the right way.

Leah Litman

Michigan Law School

Lark Turner

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

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.

Take Care

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

Protect Democracy

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

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

Protect Democracy

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