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FAN 24 (First Amendment News) — Stephen Barnett: The Little-Known Man Behind...
We live by falsehoods. They feed the myths of the great figures whose words are etched in our collective memory as if they were tablets from on High. We know those words; we are moved by those words;...
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FAN 25 (First Amendment News) — High Court again asked to intervene in state...
Lanell Williams-Yulee If the State has a problem with judicial impartiality, it is largely one the State brought upon itself by continuing the practice of popularly electing judges. – Justice Sandra...
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FAN 25.1 (First Amendment News) — Mass. Gov. signs abortion buffer zone bill
The bill, titled an Act to Promote Public Safety and Protect Access to Reproductive Health Care Facilities, was signed earlier today by Massachusetts Governor Deval Patrick. Pro-choice demonstrators in...
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FAN 26 (First Amendment News) — Akhil Amar on the “First” Amendment
First: First? Less cryptically, the first and main question that I shall explore . . . is whether [the First] Amendment is genuinely first — first in fact, first in law, and first in the hearts of...
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F.F. — Make of him what you will, but . . .
Felix Frankfurter I want to recommend a relatively new article in the Journal of Supreme Court History. It is impressively researched, commendably thoughtful, and refreshingly balanced. Before doing...
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FAN 27 (First Amendment News) — Humanitarian Law Project petition before High...
Seventeen and a half years for translating a document? Granted, it’s an extremist text. – David Cole Tarek Mehanna...
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Now may be the moment . . .
Heed their rising voices. In light of recent events in Ferguson, Missouri, that admonition seems as relevant today as it was when it was when it appeared on March 29, 1960 in a New York Times political...
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FAN 28 (First Amendment News) — The Demise of Stare Decisis?
Professor Randy Kozel Start here: “Under the conventional view of constitutional adjudication, dubious precedents enjoy a presumption of validity through the doctrine of stare decisis.” Okay, so much...
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FAN 28.1 (First Amendment News) — The First Amendment in the Era of ISIS
This is beyond anything we’ve seen. – Chuck Hagel, Aug. 21, 2014 The Threat → Defense Secretary Chuck Hagel told reporters at the Pentagon: “They are an imminent...
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FAN 29 (First Amendment News) — Exceptional Freedom: How many exceptions are...
[W]e decline to carve out from the First Amendment any novel exception. – Chief Justice John Roberts (2010) When we talk about exceptions to the First Amendment’s guaranty of...
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FAN 29.1 (First Amendment News) — Florida Bar Joins Petitioner in Urging...
Barry Richard, counsel for Florida Bar As difficult as it is to obtain review in the Supreme Court, sometimes a case comes along that makes it hard for the clerks and their bosses to ignore....
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FAN 30 (First Amendment News) — New & Forthcoming Books on Free Speech &...
As the summer winds down, the cerebral season beckons us with a variety of books on free speech, with topics ranging from campaign finance to paparazzi and from free speech history to contemporary...
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Posner opinion on same-sex marriage cases — no law clerk drafts needed
Judge Richard Posner He is a rara avis – he writes his own judicial opinions (nearly 3000). Law clerks need not bother with drafts. He writes his own scholarly articles (over 300-plus of them) and...
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FAN 30.1 (First Amendment News) Six former ACLU leaders contest group’s 1st...
→ The history of campaign finance regulation demonstrates the need to erect sturdy safeguards for free speech. — ACLU amicus brief, Citizens United v. FEC, July 29, 2009 → Any rule that requires the...
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FAN 30. 3 (First Amendment News) Senate votes to begin debate on proposed...
→ This from Susan Ferrechio writing in the Washington Examiner: “The Senate voted Monday to begin debate on an amendment to the U.S. Constitution that would grant Congress and the states the power to...
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FAN 31 (First Amendment News): “Freedom from Speech”— a timely broadside
“This is a surreal time for freedom of speech.” He is a First Amendment activist / he likes his freedom robust / he refuses to leave censorial speech codes alone / and he is making a real difference...
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31.1 (First Amendment News) Proposed amendment to 1st Amendment fails — A...
We must preserve our Bill of Rights including our rights to free speech. We must not allow officials to diminish and ration that right. We must not let this proposal become the supreme law of the...
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FAN 32 (First Amendment News) PA prosecutor targets teenager in...
He brags about it, he is proud of it, he put it on his Facebook page, and now he’s going to be held accountable for it. The only reason that was done was to upset people. And if he wanted to engage...
View ArticleFAN 32.2 (First Amendment News) — Upcoming Sullivan conference at University...
New York Times v. Sullivan 50 Years Later: Celebrating a Free Speech Landmark → The University of Oregon School of Journalism and Communications is hosting a conference on the Sullivan case. The...
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FAN 33 (First Amendment News) What is a PAC? The next big issue?
This is the hottest issue in campaign finance litigation right now. – James Bopp, Jr. James Bopp What is the next big campaign finance class of cases, the ones most likely to go the Supreme Court?...
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