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First Amendment; Freedom of Speech; Free speech; Constitutional Law; John Roberts; Roberts Court; Free Expression; Freedom of Expression; First Freedom; Supreme Court jurisprudence; Constitution; Constitutional Principles
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Full-Text Articles in Law
Introductory Remarks: The Roberts Court And The First Amendment: An Introduction, Geoffrey R. Stone
Introductory Remarks: The Roberts Court And The First Amendment: An Introduction, Geoffrey R. Stone
Brooklyn Law Review
On April 9, 2021, Geoffrey R. Stone delivered the following introductory remarks at The Roberts Court and Free Speech Symposium at Brooklyn Law School. An adaptation of Geoffrey R. Stone, Free Speech in the Twenty-First Century: Ten Lessons from the Twentieth Century Lead Article (2008), Dean Stone detailed the history of the pre-Roberts Court First Amendment jurisprudence and laid the foundation for the symposium’s scholarly discourse.
The Roberts Court—Its First Amendment Free Expression Jurisprudence: 2005–2021, Ronald K.L. Collins, David L. Hudson Jr.
The Roberts Court—Its First Amendment Free Expression Jurisprudence: 2005–2021, Ronald K.L. Collins, David L. Hudson Jr.
Brooklyn Law Review
The decisional law of the First Amendment is an area of law formulated, for the most part, by the high court of the land. At the same time, the study of free speech is equally a study in political philosophy and law. Supreme Court justices have left their mark on the First Amendment free speech doctrine and have made names for themselves in the process. This study explores the impact of Chief Justice John Roberts and the Roberts Court on the free speech doctrine. By examining the case law in this area and the justices and lawyers who craft it, …
The Anti-Free Speech Movement, Robert Corn-Revere
The Anti-Free Speech Movement, Robert Corn-Revere
Brooklyn Law Review
What does it mean for the Supreme Court, under Chief Justice John Roberts, to be “good” when it comes to the First Amendment? First Amendment lawyer Robert Corn-Revere tackles this question, by looking at the history of censorship in the United States. Through a historical lens, Mr. Corn-Revere examines the arguments for regulating “bad” speech in order to promote “good” speech, and analogizes this approach to the work of early American censors like Anthony Comstock. This article examines how the history of censorship has shaped First Amendment law, and ultimately through his analysis, Mr. Corn-Revere identifies several examples of what …
Free Speech Still Matters, Joel M. Gora
Free Speech Still Matters, Joel M. Gora
Brooklyn Law Review
In its first ten years, the Roberts Court proved to be the most speech protective Court in a generation, if not in our history; however, in the intervening five years, the Court has faced intense pressures, ranging from heightened criticism of its First Amendment jurisprudence to seismic changes in the makeup of the Court to very real proposals for court “packing.” Despite these powerful forces, the Roberts Court has surprisingly stayed true to its commitment to—and guardianship of—the First Amendment. Nevertheless, in the face of modern political correctness and cancel culture, free speech has rarely been in a more precarious …
The Law Of License Plates And Other Inevitabilities Of Free Speech Context Sensitivity, William D. Araiza
The Law Of License Plates And Other Inevitabilities Of Free Speech Context Sensitivity, William D. Araiza
Brooklyn Law Review
This article, written for a symposium on Ronald Collins’s and Professor David Hudson’s catalogue of the Roberts Court’s First Amendment free speech jurisprudence, reconsiders the longstanding tension between rigid free speech rules and more contextual standards. It examines that debate by considering a set of relatively recent free speech cases in which the Court ostensibly adopted rigid rules, but in doing so arguably cloaked its reliance on more contextual factors by manipulating those rules. In cases dealing with national security and judicial electoral speech, the Court manipulated the strict scrutiny the Court insists applies to nearly every content-based speech restriction …
Transcript: The Roberts Court And Free Speech Symposium, Michael T. Cahill, Joel M. Gora, Geoffrey R. Stone, Ronald K.L. Collins, David L. Hudson Jr., Floyd Abrams, Ellis Cose, Robert Corn-Revere, Genevieve Lakier, William D. Araiza, Helen Norton, Nadine Strossen, Erwin Chemerinsky
Transcript: The Roberts Court And Free Speech Symposium, Michael T. Cahill, Joel M. Gora, Geoffrey R. Stone, Ronald K.L. Collins, David L. Hudson Jr., Floyd Abrams, Ellis Cose, Robert Corn-Revere, Genevieve Lakier, William D. Araiza, Helen Norton, Nadine Strossen, Erwin Chemerinsky
Brooklyn Law Review
On April 9, 2021, the Brooklyn Law Review gathered a panel of First Amendment scholars for a symposium on the Roberts Court's free speech jurisprudence. This transcript captures the panelists' diverse perspectives on the free speech themes highlighted by the Roberts Court's free speech jurisprudence.
Foreword: The Free Speech Record Of The Roberts Court, William D. Araiza
Foreword: The Free Speech Record Of The Roberts Court, William D. Araiza
Brooklyn Law Review
On April 9, 2021, scholars gathered at Brooklyn Law School to consider the free speech themes highlighted by a catalogue of the Roberts Court’s free speech jurisprudence. The speakers provided incisive and timely insight on these themes—insight that is reflected in the catalogue and accompanying papers published in this symposium issue of the Brooklyn Law Review. This introduction provides an overview of this symposium issue and the questions presented by each article and essay.