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Channel: Constitutional Law – Concurring Opinions
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FAN 188 (First Amendment News)UW law profs release letter re applicable law...

The protections of the First Amendment are not limited to liberals, or conservatives, or people with good ideas.The principle at issue here is not a new one. Time and again, during the difficult days...

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FAN 189 (First Amendment News) Justice Alito’s free speech jurisprudence...

Professor Garrett Epps Justice Samuel Alito is getting ever more attention in the world of First Amendment free speech jurisprudence. Two recent pieces, one an online essay, and the other a law review...

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Abandoned? The Liberal Flight from the First Amendment

A FEW CAUTIONARY WORDS – First, and apart from a few well-intended editorial swipes here and there, the following comments are meant to be primarily descriptive. Second, nothing that follows should be...

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Ira Glasser responds — Who has the power to decide? That is the free speech...

Yesterday’s post, Abandoned? The Liberal Flight from the First Amendment, drew a variety of responses e-mailed to me.  Some thought I was unduly harsh in my opening comments re conservatives and...

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Interview with Adam Winkler re his new book WE THE CORPORATIONS

Over at SCOTUSblog I have an interview with Professor Adam Winkler re his latest book, “We the Corporations: How American Businesses Won Their Civil Rights” (Liveright, 2018, $28.95, pp. 471).

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FAN 190 (First Amendment News) Seattle U. Law School’s Homeless Rights...

Jocelyn Tillisch An important new report has just been released by Seattle University Law School’s Homeless Rights Advocacy Project. The 105-page report is titled Begging for Change: Begging...

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FAN 191 (First Amendment News) “Robotica”— First Book on Speech Rights &...

If any current scholarly work of free speech theory survives into the next century, it will undoubtedly be this book. — Martin H. Redish Abstract: As more and more communication becomes robotized...

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FAN 191.1 (First Amendment News) Abrams Institute to Host Conference on...

Commercial Speech & the First Amendment: Does the Right of Publicity Transcend Commercial Speech? From Yale Law School’s Floyd Abrams Institute for Freedom of Expression Please join us for an...

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FAN 191.2 (First Amendment News) Floyd Abrams Weighs in on Knight First...

Back in July of last year, Jameel Jaffer, Katherine Fallow, and Alex Abdo filed a complaint in the Southern District of New York in a case titled Knight First Amendment Institute v. Trump. The suit...

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FAN 192 (First Amendment News) The Trend Continues: Forthcoming Book —...

Dr. Anthony Leaker Who is Anthony Leaker? Answer: He is a Senior Lecturer in Cultural and Critical Theory at the University of Brighton. Now this cultural critic has turned his attention to free...

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FAN 192.1 (First Amendment News) Thomas & Gorsuch discuss First Amendment...

While Phillips rightly prevails on his free-exercise claim, I write separately to address his free-speech claim. The Court does not address this claim because it has some uncertainties about the...

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FAN 193 (First Amendment News) Eight Free Expression Take Away Points from...

Earlier today the Court, by a 7-2 margin, sustained the Petitioner’s Free Exercise claim in Masterpiece Cakeshop v. Colorado Civil Rights Commission. Even so, there was much in the various opinions...

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FAN 193.1 (First Amendment News) First Amendment Watch to host online...

The notion that our free speech tradition might be weaponized to advance progressive ends is fanciful. Groups like the American Civil Liberties Union [once] managed to translate [the] right of...

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FAN 194 (First Amendment News) “Cato Unbound”& Knight Institute’s “Emerging...

Over at Cato Unbound they have just posted an online exchange entitled “Free Speech in International Perspective.” The lead essay is by Jacob Mchangama and is titled “How Censorship Crosses Borders.”...

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FAN 194.2 (First Amendment News) First Amendment Watch & FAN co-host online...

Free speech cannot be progressive. At least it can’t be progressive if we are talking about free speech in the American context, with all the historical, sociological, and philosophical baggage that...

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FAN 194.4 (First Amendment News) John Paul Schnapper-Casteras Responds to...

News item: Wendy Kaminer, The ACLU Retreats From Free Expression — The organization declares that speech it doesn’t like can ‘inflict serious harms’ and ‘impede progress,’ Wall Street Journal, June 20,...

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FAN 195.5 (First Amendment News) ACLU’s David Cole responds to Wendy Kaminer

Statement of David Cole, ACLU’s National Legal Director, responding to Wall Street Journal piece by Wendy Kaminer – June 21, 2018 For nearly one hundred years, the ACLU has been at the forefront of...

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FAN 194.6 (First Amendment News) Ira Glasser & Nadine Strossen weigh in on...

The following statements were sent to FAN in response to David Cole’s reply to Wendy Kaminer’s Wall Street Journal op-ed. The first is by Ira Glasser, who served as executive director of the ACLU from...

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FAN 194.7 (First Amendment News) The public dialogue continues — More from...

The following statement was sent to FAN concerning the ongoing public disuccusion related to the recent ACLU free speech controversy. The dialogue is also ongoing over at The Volokh Conspiracy blog. *...

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FAN 194.9 (First Amendment News) Ronald Collins Responds to Seidman’s “Can...

News item: Court renders 5-4 opinion in California abortion clinic free speech case — National Institute of Family and Life Advocates v. Becerra (per Thomas, J., for the majority, Kennedy, J.,...

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