One of the most important relationships in constitutional law is that between two concepts at the heart of the American legal system: property and speech. Yet despite increased scholarly attention, the relationship remains largely mysterious. Does property simply enable speech acts, or can it have its own expressive content? And… Read More »
Is it constitutional for a state to issue a “Say Yes to Jesus” automobile license plate? May it refuse to issue an “Aryan Nation” license plate? May it deny a “pro-choice” license plate when it has allowed a “pro-life” one? Under current free speech jurisprudence, the answer depends on whether… Read More »
Government increasingly claims the power to control its employees’ expression to protect its own speech, a trend that imperils the public’s interest in transparent government as well as the free speech rights of more than twenty million government workers. In the past, courts interpreted the First Amendment to permit governmental… Read More »
When Rupert Murdoch launched his failed bid for Newsday last year at a price of $580 million consumer groups were up in arms. Common Cause assailed the proposed acquisition as “a step back that will hurt our democracy.” S. Derek Turner of Free Press charged, “New York, like the rest of… Read More »