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Constitutional Law

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Northwestern University Law Review

2018

First Amendment; lawyering; speech in courtrooms

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The Public Defender's Pin: Untangling Free Speech Regulation In The Courtroom, Michael Kagan Mar 2018

The Public Defender's Pin: Untangling Free Speech Regulation In The Courtroom, Michael Kagan

Northwestern University Law Review

Recent disputes in Ohio and Nevada about whether lawyers should be allowed to wear “Black Lives Matter” pins in open court expose a fault line in First Amendment law. Lower courts have generally been unsympathetic to lawyers who display political symbols in court. But it would go too far suggest that free speech has no relevance in courtrooms. This Essay argues for a way to strike a balance.