by Erwin Chemerinsky Although I often wish that Donald Trump would shut up, he has a constitutional right not to. A federal judge went too far in restricting his free expression Monday when she imposed a gag order on the former president. U.S. District Judge Tanya Chutkan, who is ...
It was just a matter of time before choice became mandatory. Last week, a federal judge denied a request by parents of students in the Washington, D.C. suburb of Montgomery County, Maryland, to be able to remove their children from classrooms when books containing LGBTQ+ characters are ...
by David Cole and Ben Wizner Does the First Amendment shield Donald Trump from prosecution for conspiracy to obstruct the 2020 election results? Trump’s lawyer has proclaimed the indictment “an attack on free speech and political advocacy.” He says Trump thought there was ...
Last week, Charleston-based U.S. District Court Judge Joseph Goodwin rightfully ruled in favor of an atheist inmate who said he had been subjected to faith-based programs in violation of his First Amendment rights. We’re surprised someone hadn’t sued sooner. Andrew Miller filed a ...
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 permanent shape to the conservative majority’s gay rights jurisprudence. What does that mean for the ...
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 ruled, 6-3, that a web design company could deny its wedding website services to same-sex couples. For the ...