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FAN 147 (First Amendment News) Was Justice Scalia a First Amendment...
His originalism was selective . . . and essentially absent in his First Amendment free speech jurisprudence . . . . Like a great majority of originalists, although he recognized the problems with...
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Symposium on Carol Sanger’s “About Abortion”: Introduction & Commentaries
What follows is an online symposium concerning Professor Carol Sanger’s latest book, About Abortion: Terminating Pregnancy in Twenty-First-Century America (Harvard University Press 2017) (table of...
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FAN 147.1 (First Amendment News) Music is their medium; the name is their...
Text of the First Amendment above door in Flying Dog Brewery The beer was flowing / the crowd was roaring/ the free-speech lawyers were showing / as the First Amendment Society (Erin Weston, Executive...
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FAN 148 (First Amendment News) Coming this fall: NYU Law to host conference...
Judge Learned Hand (credit: NY Rev. of Books) Las Vegas Metropolitan Police Department’s (“Defendant” or “LVMPD”) violations of Plaintiff’s First Amendment right to freedom of expression, as well as...
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FAN 149 (First Amendment News) On hate speech: Will Howard Dean publicly...
Suggestion: Howard Dean should debate Eugene Volokh at the Newseum, or at the National Constitutional Center, and/or on air — say, on CNN’s The Lead with Jake Tapper or Fox’s Tucker Carlson Tonight or...
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Looking back on Bridges v. California (1941) — Some random thoughts inspired...
The Bridges opinion was “a judicial Declaration of Independence for the First Amendment, freeing it from English law.” — Benno C. Schmidt Harry Bridges One sign of a good book is its ability to engage...
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FAN 150 (First Amendment News) Trend Ends: ACLU’s 2017 Action Plan Stands “Up...
Throughout our history, the ACLU has stood up for freedom of speech and the right to dissent. From providing know-your-rights materials, to sending trained legal officers to protests, to bringing...
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FAN 151 (First Amendment News) Morgan Weiland Meet Ira Glasser — The First...
[F]or those who believe that the Speech Clause has meaning beyond its strategic use, the application of the speech right must have limits. In other words, the outward creep of the speech doctrine’s...
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FAN 152 (First Amendment News) Gilbert Roe — Free Speech Lawyer is Subject of...
Breaking News from the New York Times: “. . . Mr. Comey had been in the Oval Office that day with other senior national security officials for a terrorism threat briefing. When the meeting ended, Mr....
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FAN 153 (First Amendment News) POLICYed & Richard Epstein Bring Free-Speech...
If you watch music videos or wild-animal adventures on YouTube, you may come upon a public-service announcement by, yes, Professor Richard Epstein. Well, sort of — he’s the brain power behind an...
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FAN 154 (First Amendment News) Oregon ACLU: Attempt to Quash Alt-Right...
If the government has concrete evidence of an imminent threat they can and should address it, without restricting 1A rights of all. — Oregon ACLU Our hearts are broken, but government censorship is...
View ArticleStanley v. Illinois and Rapist-“Fathers”
I am delighted to return to Concurring Opinions as a guest contributor. Many thanks to Solangel for her kind invitation. My posts this week are about the continuing influence of Stanley v. Illinois,...
View ArticleStanley v. Illinois, Race and Gender
In yesterday’s post, I introduced the 45 year old case of Stanley v. Illinois, described what we know about the Stanley family, and introduced the idea that legal parenthood should be recognized only...
View ArticleStanley v. Illinois: Terminating A Rapist’s Paternal “Rights” in Maryland
In my first two posts on the mixed legacy of Stanley v. Illinois, I discussed my preferred relationship approach, some background about the family, why I think some justices may have seen the case as...
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FAN 155 (First Amendment News) “The Past, Present and Future of Free Speech”—...
Professor Joel Gora When it comes to First Amendment symposia, Brooklyn Law School seems to be the go-to-venue, at least judging from the latest issue of the Law School’s Jounral of Law and Policy. The...
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FAN 156 (First Amendment News) Special Post: The Espionage Act at the 100...
There are citizens of the United States . . . born under other flags but welcomed under our generous naturalization laws to the full freedom and opportunity of America, who have poured the poison of...
View ArticleFAN 157 (First Amendment News) Today: Senate Judiciary Committee to hold...
“After a string of high-profile and sometimes violent instances of censorship this past school year, free speech on campus has become a pressing concern for many Americans,” said FIRE Legislative and...
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FAN 157.1 (First Amendment News) Music to their ears — The Slants win in...
Music is the best way we know how to drive social change: it overcomes social barriers in a way that mob-mentality and fear-based political rhetoric never can — Simon Tam The Slants (credit: Anthony...
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FAN 158 (First Amendment News) 2016-2017 Term Ends: Three First Amendment...
Today, after consideration in many conferences, the Court agreed to hear Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission. The issue in the case is whether applying Colorado’s public...
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FAN 160 (First Amendment News) Latest First Amendment Salon: A Dialogue...
Note: Summer schedule until September 6th when I will return to a regular Wednesday weekly schedule. Professors Geof Stone & Vince Blasi This book was in some ways an accident. One day in occurred...
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