by Noah Feldman The Supreme Court’s decision in 303 Creative v. Elenis, in which the court created a free-speech based exemption from the civil rights laws, is intended to give […]
Tag: first amendment
303 Creative decision opens the door to discrimination
by Elizabeth Sepper On the final day of Pride Month, the Supreme Court delivered a blow to gay rights. In 303 Creative vs. Elenis, the conservative supermajority on the court […]
Drag and First Amendment are fabulous together
by Scott A. Leadingham A deluge of headlines about state laws to restrict drag performances like drag story hours at libraries make it seem like these are recent debates. They […]
Jefferson County Commission split on obscenity ordinance
When it comes to defining “hard-core pornography,” the late U.S. Supreme Court Justice Potter Stewart provided an explanation for the ages: “I shall not today attempt to further define […]
Is panhandling protected speech or conduct that can be regulated?
Monongalia County is moving ahead with plans to restrict panhandling. The proposed ordinance would make it unlawful to ask for money or distribute materials to “the drivers of motor vehicles […]
When do paparazzi break the law?
by Rodney Smolla Prince Harry and Meghan Markle, the Duke and Duchess of Sussex, alarmed the world last week by stating that they were “involved in a near-catastrophic car chase […]
When it comes to our First Amendment rights, do we want a sword or a shield?
by Gene Policinski When it comes to your core freedoms, which would you rather wield to protect them: a sword or a shield? The 45 words of the First Amendment […]
Giving Tucker Carlson Jan. 6 video exclusive violates First Amendment
by Michael I. Meyerson When the Republican Speaker of the House Kevin McCarthy gave Fox News’ leading election denier, Tucker Carlson, exclusive access to surveillance footage from the Jan. 6, […]
Overturning press protections to avoid accountability
It may sound like common sense to say all Americans should have to meet the same standard of proof to win a defamation suit against a media outlet, but that’s […]
‘Life at conception’ bill violates Constitution
The Legislature is officially considering the most restrictive kind of abortion ban. The “Life at Conception Act of 2023,” or HB 2885, was introduced to the House this past week, […]


