Essays

Catherine J. Ross: Trump’s Latest Threat To Free Speech And The Academy

Catherine J. Ross: Trump’s Latest Threat To Free Speech And The Academy

Catherine J. Ross, professor of law at George Washington University Law School, explains the possible issues that could arise if President Trump signs an executive order requiring colleges to support free speech on their campuses in order to receive federal research funds.

“Ultimately, the central constitutional risk inherent in Trump’s proposed executive order is all too familiar: it will chill protected speech. What’s more, it will likely violate central tenets of the Speech Clause when enforced,” she writes.

March 21, 2019 Below the Fold, Essays, Speech
President Trump’s Bid To Block Defamation Lawsuit By Zervos Rejected Again

President Trump’s Bid To Block Defamation Lawsuit By Zervos Rejected Again

March 14, 2019: The Court Ruled President Trump Can Be Sued In Civil Court While Still In Office A New York appellate court has rejected President Trump’s attempt to block a defamation lawsuit brought by former Apprentice contestant Summer Zervos, ruling that suit can move forward while he is still president.  Zervos went public with her accusations of sexual assault[Read More…]

March 15, 2019 Essays, Top Stories
With the U.S. Supreme Court building in the background, Supreme Court nominee judge Brett Kavanaugh arrives prior to meeting with Senate Majority Leader Mitch McConnell on Capitol Hill in Washington, U.S., July 10, 2018. REUTERS/Joshua Roberts     TPX IMAGES OF THE DAY

Handman and Zycherman: “Fear Not: New York Times v. Sullivan Heartily Embraced by the Court’s Newest Jurist, Justice Kavanaugh”

The post is another essay in response to Justice Clarence Thomas’s concurrence from a denial of certiorari in the case of  McKee v. Cosby (2019). The previous post was by Lee Levine & Stephen Wermiel: Dubious Doubts and ‘the Central Meaning of the First Amendment’—A Preliminary Reply to Justice Thomas (March 1, 2019). By Laura Handman & Lisa Zycherman Justice Clarence Thomas recently[Read More…]

March 12, 2019 Below the Fold, Essays, Libel
U.S. Supreme Court Justice Clarence Thomas participates in taking a new family photo with his fellow justices at the Supreme Court building in Washington, D.C., U.S., June 1, 2017. REUTERS/Jonathan Ernst

Levine and Wermiel: “Dubious Doubts and ‘the Central Meaning of the First Amendment’—A Preliminary Reply to Justice Thomas”

March 1, 2019 By Lee Levine and Stephen Wermiel   There are any number of obvious responses to Justice Clarence Thomas’s misguided assertion in McKee v. Cosby (2019) that New York Times v. Sullivan (1964) ought to be overruled. They include the overwhelming academic consensus applauding the decision both at the time and thereafter; the proper role of original intent[Read More…]

March 1, 2019 Below the Fold, Essays, Libel