When Can a Business Refuse to Sell?
Scholar argues that 303 Creative only grants businesses a limited First Amendment right not to provide service.
Election Security and Misinformation Regulation
Scholars discuss legal solutions and limits for targeting election misinformation.
The Boundaries of Internet Speech
Scholars debate current challenges in regulating offensive and harmful speech on the internet.
Between a Regulatory Rock and a Constitutional Hard Place
A conflict between historic alcohol regulations and new constitutional doctrines threatens small breweries.
Does the First Amendment Protect AI Generated Speech?
Regulating artificial intelligence disinformation could test the First Amendment’s limits.
The Battle Over Student Rights and Race
Scholar suggests that public school students have a right to receive critical race theory education.
303 Creative and Constitutional Law by Stipulation
The Supreme Court undercut antidiscrimination law in a case where the key issues were stipulated by the parties, leaving lower courts little guidance in how to apply its ruling.
The Supreme Court’s 2022-2023 Regulatory Term
Legal scholars discuss the Court’s most significant regulatory decisions of the last term.
Does the Constitution Protect the Right to Discriminate?
Civil rights attorney argues that recent Supreme Court religious liberty cases jeopardize antidiscrimination laws.
Freedom From Compelled Pregnancy and Childbirth
Scholar argues that the First Amendment guarantees the right to abortion.
Compelled Climate Speech
The SEC’s proposed rule on climate disclosures could run afoul of the First Amendment.
A Trojan Horse from the Court’s Conservatives?
Far from being narrow, the U.S. Supreme Court’s latest LGBTQ+ decision may threaten government’s overall regulatory authority.