First Amendment

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.

A Trojan Horse from the Court’s Conservatives?

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.

Time to Solve the Information Problem

Time to Solve the Information Problem

A private fairness doctrine could induce more accurate media by dismantling the political information bubble.

When Courts Play God, Whose Religion Matters?

When Courts Play God, Whose Religion Matters?

A religious freedom law invoked by conservative groups may also protect progressive causes.

How the Constitution Regulates Funding Religious Schools

How the Constitution Regulates Funding Religious Schools

A Supreme Court decision from last term allows states to subsidize student attendance at religious schools.