First Amendment

Freedom of Expression or Freedom to Discriminate?

Freedom of Expression or Freedom to Discriminate?

Scholar argues that the right of expressive association could compromise antidiscrimination laws.

When Can a Business Refuse to Sell?

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

Election Security and Misinformation Regulation

Scholars discuss legal solutions and limits for targeting election misinformation.

The Boundaries of Internet Speech

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

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?

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

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

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

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?

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

Freedom From Compelled Pregnancy and Childbirth

Scholar argues that the First Amendment guarantees the right to abortion.

Compelled Climate Speech

Compelled Climate Speech

The SEC’s proposed rule on climate disclosures could run afoul of the First Amendment.