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

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

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

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

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

Civil Rights Corps

Jason Harrow

Equal Citizens

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

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.

State Action Doctrine Under An Autocrat

9/26/17  //  Commentary

President Trump’s autocratic, anti-speech tendencies are blurring one of the key boundaries in existing First Amendment law, which draws a line between government suppression of speech and private suppression of speech.

Leah Litman

Michigan Law School

Trump on Compelled Speech: Unconstitutional for Bakers; Fine for NFL Players

9/25/17  //  Commentary

Can Trump's Justice Department's position on Masterpiece Cakeshop be reconciled with his own views about professional athletes?

Michael C. Dorf

Cornell Law School