Category Archives: First Amendment

Argument Review: NIFLA v. Becerra

Free speech and reproductive rights were at issue when the Court heard oral arguments in the highly anticipated case National Institute of Family and Life Advocates (NIFLA) v. Becerra on Tuesday, March 20. As described here, his case concerns whether the First Amendment allows the State of California, via the Reproductive FACT Act, to require … Continue reading Argument Review: NIFLA v. Becerra

Free Speech, Universities, and Campus Disruption

A guest post by Professor Sheldon Nahmod, University Distinguished Professor, IIT Chicago-Kent College of Law. Two propositions I begin with two fundamental propositions. First, political protests and a free press are the lifeblood of American democracy. Second, the primary purposes of universities are to develop critical intellectual faculties and to advance knowledge: there should be no intellectual … Continue reading Free Speech, Universities, and Campus Disruption

This Day in Supreme Court History—July 7, 1986

On this day in 1986, the U.S. Supreme Court rejected a student’s claim that school officials violated his First Amendment rights when they disciplined him for giving a speech filled with sexual innuendo before a school assembly. The student, Matthew Fraser, decided to enliven his speech in support of a candidate for the student government … Continue reading This Day in Supreme Court History—July 7, 1986

This Day in Supreme Court History—April 26, 1978

On this day in 1978, the Supreme Court decided First National Bank of Boston v. Bellotti, a seminal case involving corporate speech rights. In a 5-4 ruling, the Court struck down a Massachusetts law that prohibited corporations from spending money to influence the outcome of referenda, unless the referenda issue “materially affected” them. Justice Lewis Powell … Continue reading This Day in Supreme Court History—April 26, 1978

This Day in Supreme Court History—February 20, 2002

On this Day in 2002, the Supreme Court heard oral arguments in Zelman v. Simmons-Harris, one of the most significant Establishment Clause cases in recent years. The Court considered whether a state program that provides school vouchers to parents that can be used to pay for education at religious schools violates the First Amendment’s prohibition … Continue reading This Day in Supreme Court History—February 20, 2002

This Day In Supreme Court History—January 13, 1988

On this day in 1988, the Court decided Hazelwood School District v. Cathy Kuhlmeier, holding that students do not have a First Amendment right to publish a school newspaper free from school administrator editorial oversight. The Spectrum, the school newspaper of Hazelwood East High School in Missouri, was written and edited by students. In May … Continue reading This Day In Supreme Court History—January 13, 1988

This Day in Supreme Court History— January 6, 1964

On this day in 1964, one of the Supreme Court’s most significant First Amendment cases, New York Times v. Sullivan, was argued. The case began on March 29, 1960, when a group of civil rights activists ran a full-page fundraising advertisement in the New York Times. Martin Luther King Jr. was facing a trial in … Continue reading This Day in Supreme Court History— January 6, 1964

A Report from the American Constitution Society Annual Convention

From Guest Blogger Anna Jirschele, Chicago-Kent, Class of 2018 Lawyers, judges, and legal scholars came together in Washington, D.C., last week for the American Constitution Society’s 15th annual National Convention. Vice President Joe Biden welcomed attendees at the dinner on the opening night. One particularly interesting panel was on “Race, Speech and Inclusion on Campus.” … Continue reading A Report from the American Constitution Society Annual Convention

Religious Liberty and Resistance to Same-Sex Marriage

The next wave of litigation involving same-sex marriage is now underway.   In the wake of the Supreme Court’s ruling last June striking down same-sex marriage bans across the nation in Obergefell v. Hodges, various individuals have been claiming a constitutional right to continue resisting same-sex marriage. At the core of these cases is what Justice … Continue reading Religious Liberty and Resistance to Same-Sex Marriage

The Conservative Justices, the Constitution, and the First Amendment

This post is based on The Conservative-Libertarian Turn in First Amendment Jurisprudence, 117 W. Va. L. Rev. 231 (2014), which Professor Heyman recently presented as the Third Annual C. Edwin Baker Lecture for Liberty, Equality, and Democracy at West Virginia University College of Law. In recent years, a conservative majority of the Supreme Court has issued … Continue reading The Conservative Justices, the Constitution, and the First Amendment