Topic

First Amendment

33 articles 2010–2018

Rapid Reaction Force

The Scrapbook · June 1, 2018

The Scrapbook remembers the days before social media and the Internet, and they weren’t marked by civility and well-informed dialogue. Even so, when someone in the pre-Internet era responded in print to an article or essay, he or she had usually read the article. Nowadays you just read the…

Hurrah for the First Amendment, but...

Andrew Ferguson · March 23, 2018

It is a fact of history that we Americans believe all kinds of dumbass things. Different Americans believe different dumbass things at different times, but each of us must sooner or later fall for an urban myth, a lunatic philosophy, an obvious exaggeration, a prophecy of doom, or some other…

Public Sector Unions Set to Face SCOTUS Scrutiny

Alice B. Lloyd · February 23, 2018

"If unions are so good and doing such a great job, why do they have to force people to pay them?" That’s the question Mark Janus, an Illinois child services specialist, posed to assembled reporters on Friday. It’s the Supreme Court who will give him an answer. His case will be heard on Monday.

Michael Barone's Guide to Government: Free speech

Michael Barone · January 23, 2018

The First Amendment to the Constitution does not impose, as some believe, “a wall of separation between church and state.” That phrase comes from a letter by Thomas Jefferson in 1802 to Connecticut Baptists, cited approvingly by Supreme Court decisions in 1878 and 1947.

Speech-Free Zones

The Scrapbook · October 27, 2017

Who said there’s a free speech crisis on college campuses? As everyone knows, that’s just a figment of the right-wing imagination.

Why Campus Free Speech Matters

Jonathan Marks · October 27, 2017

There is nothing natural about tolerating the views of others. If someone stands, as today’s righteous say, on “the wrong side of history,” why refrain from shutting him up? Yes, Justice Holmes warned against “attempts to check the expression of opinions that we loathe and believe to be fraught…

An Education in Civility

Neil Gorsuch · September 29, 2017

Excerpts from the keynote address by Justice Neil M. Gorsuch at a luncheon celebrating the 50th anniversary of the Fund for American Studies, Washington, D.C., September 28

'M' for, You Know—Respectability

The Scrapbook · July 14, 2017

This year’s winners have been announced in prizes recognizing advocates who support “First Amendment rights and rational [read licentious] sex and drug policies,” the Hugh M. Hefner First Amendment Awards. That’s right, Hugh M. Hefner. Is there anyone who wouldn’t have known for whom the prize was…

Senators Sign Up For 'Free Speech 101'

Alice B. Lloyd · June 21, 2017

The Senate Judiciary Committee tackles social and philosophical questions out on the edges of constitutionality. They process proposed constitutional amendments, and their subcommittee on the Constitution oversees constitutional rights’ protection and enforcement. It was only a matter of time,…

The First Step Is Admitting You've Got a Problem

Alice B. Lloyd · April 27, 2017

To restore free expression and the unfettered exchange of ideas to censorious college campuses, the nation's liberal thought leaders will have to admit we have a problem on our hands. Events of this week presented some encouraging signs that they're getting closer. While restless campuses erupted…

The Supreme Court's Hypocrisy on Abortion and Free Expression

Mark Hemingway · June 28, 2016

The Supreme Court announced Tuesday morning it would refuse to hear Stormans v. Wiesman, a case from the state of Washington where a family-owned pharmacy was objecting to a state regulation that forced them to prescribe the morning after pill, also known as "Plan B." Unlike traditional…

Shut Up, They Explained

The Scrapbook · June 23, 2014

Two weeks ago, George Will wrote a column about how progressives have exaggerated the prevalence of rape on college campuses. The column was not well received by some or even, as a great many of the histrionic responses would indicate, well understood. Last week a press release landed in The…

Justice Kagan and the 'Naked Public Square'

Adam J. White · May 7, 2014

This week, the Supreme Court affirmed a New York town council's tradition of beginning its meetings with a prayer. In Town of Greece v. Galloway, the court held, by a bare majority, that the First Amendment's Establishment Clause does not prohibit such prayers led by local clergymen, even when the…

The Big Chill

Charlotte Allen · June 10, 2013

It's a well-known fact that on most college campuses, supposedly havens of academic freedom, you really have to watch what you say.

Terrorism and the First Amendment

Gary Schmitt · January 23, 2012

The left has not been happy with the Obama administration’s handling of the war on terror for some time now. In addition to leaving Guantánamo open, the administration has maintained Bush-era practices such as open-ended detention for terrorist suspects, reaffirming the “state secrets” privilege,…