Constitutional Law
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Ambiguous rulings about holiday displays leave local governments on uncertain ground
Supreme Court decisions on this question focus extensively on decoration specifics and are difficult to understand and apply.
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In Washington, religious groups fight for their conscience
In recent years, the Supreme Court has repeatedly and clearly ruled that the law must accommodate religious beliefs and expression. Still, some states continue trying to ignore or subvert the clear constitutional protections for religious freedom.
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The impact of Sandra Day O’Connor
Sandra Day O’Connor’s service on and away from the court left long-standing impacts on education, religious freedom and family issues.
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Amicus briefs: What they are and how they impact court cases
As part of the legal process, the amicus brief plays a pivotal role in ensuring adequate attention is brought to every facet of the case.
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Anti-Israel protests, children’s access to obscenity show difficulties of finding clear free speech limits
Supreme Court’s protective rulings on free speech have not resolved every area of controversy, as ongoing issues illustrate.
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America’s experiment with free speech
America’s First Amendment right to free speech is part of the nation’s way of life, but it does come with some boundaries.
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The history behind ‘shouting fire in a crowded theater’ and other free speech phrases
During the 20th century, after some conflicting court opinions, a phrase used by Justice Oliver Wendell Holmes was modified to create the expansive protections of speech we know today.
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Why ‘Chevron deference’ raises serious concerns about the separation of powers
If one person or a group of people can independently exercise all government powers, power is concentrated and unchecked.
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The evolution of free speech in America
Free speech issues have evolved since the court’s early cases, but how the courts evaluate First Amendment conflicts has not.
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The first stirrings of freedom of speech: The Founders knew all about controversial opinions
The debate over the 1798 Alien and Sedition Acts helped establish the popularity of freedom of speech.