Recent News
It’s hard to appreciate what you have when it’s all you’ve ever known. If you’re reading this, you’ve lived a whole life in a world with the First Amendment. We quibble about its application in specific cases, many of them very important. But even where government gets it wrong the courts have been consistent in […]
The government is always looking for an excuse to curtail users’ free speech online. Echoing growing concerns about the government’s role in policing social media, the Supreme Court waded into the debate by issuing decisions on seven First Amendment cases during the recently ended term. The Bully Pulpit The high-profile cases involved government actors using […]
I had a different plan for this week’s newsletter. With all the Supreme Court decisions out of the way and me out on vacation in Ireland, colleagues were going to write about the major developments for online speech from the most recent term. (Not to worry, though, you’ll still get that soon.) But then, on […]
When it comes to celebrating the day that our Founding Fathers declared independence from Great Britain in 1776, our nation’s second president, John Adams, told his wife Abigail: It ought to be commemorated, as the Day of Deliverance by solemn Acts of Devotion to God Almighty. It ought to be solemnized with Pomp and Parade, […]
It’s official: A small, family-owned fishing business from New Jersey scored a significant victory against the federal government in the Supreme Court case of Loper Bright v. Raimondo. The Supreme Court decision also overrules Chevron deference – and, in doing so, delivers a critical win for the constitutional checks and balances that our nation’s Founders […]
It’s summer! If you’re like me that means vacations, kids home from school, and general business that somehow surprises me every year. So I’ll keep this newsletter relatively short and focus on some recent anniversaries and developments in civil liberties. Commemorating the battle that liberated Europe We recently passed the anniversaries of two key events […]
There’s a lot to love about America. Even if the list was only college football and barbecue – that’s a pretty solid list. But fortunately, it’s longer than that. We’re also stewards of an experiment in constitutional self-governance for which many of our fellow Americans have sacrificed everything. I recently volunteered to chaperone my child’s […]
UPDATE: On 5/30/2024, in a win for the First Amendment, the Supreme Court unanimously decided in NRA v. Vullo that government officials cannot pressure or otherwise coerce organizations to terminate certain business relationships when doing so infringes the First Amendment rights of the third party. This Supreme Court term has been full of high-profile cases. […]
Think back to the start of the week. Have you sent a message to your kid’s teacher on a school app? Did you recently set a reminder for yourself using your phone’s digital assistant? Or maybe you found a new show to watch after a streaming platform recommended it for you. Maybe, like me, you […]
