Articles tagged as First Amendment
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“Dickinson ‘Penman of the Revolution,’ on Freedom of the Press”–Professor David Forte in Law and Liberty
In an eloquent essay for the Library of Law and Liberty, JWI Senior Scholar Prof. David Forte articulates the “radical premises” Founding Father John Dickinson used as justification for independence. Dickinson’s chief contributions to The Bill of Rights and Declaration of Grievances, along with the implementation of the Articles of Association, make him one of […] -
AUDIO: Prof. Arkes on the Implications of Justice Kennedy’s Retirement, the nomination of Judge Brett Kavanaugh and NIFLA v. Becerra
With the Supreme Court’s recent decision in NIFLA vs. Becerra (2018), the retirement of Justice Anthony Kennedy at the end of July, and the President’s nomination of Judge Brett Kavanaugh for the U.S. Supreme Court, many are speculating on what these events mean for future cases that consider freedom of speech and abortion, as well as what […] -
“Is Relativism the Best Constitutional Defense of Free Speech?” Richard Reinsch Interviews Hadley Arkes for LibertyLawTalk
Richard Reinsch, the editor of the Online Library of Law and Liberty and the host of LibertyLawTalk, interviewed Hadley Arkes to discuss his thoughts on the Supreme Court’s jurisprudence on issues of speech, as articulated in cases such as Chaplinsky v. New Hampshire (1942), Matal v. Tam (2016), and NIFLA v. Becerra (2018). Their discussion centered on the Court’s tendency […] -
“Another Pro-Life Victory?” –Professor Hadley Arkes in First Things
In an essay titled, “Another Pro-Life Victory?,” published at First Things, Professor Hadley Arkes probes the logic of the recent Supreme Court ruling in NIFLA v. Becerra. In doing so, he finds the conservative justices achieving yet another laudable outcome this term: a victory for the right of pro-life pregnancy centers to refuse to comply with a […] -
Free Speech, Ordinary People, and Ordinary Judgments: Hadley Arkes responds to Robert Miller
In defense of his recently published piece “Conservatives and Freedom of Speech,” Professor Arkes, writing in Public Discourse, carefully responds to Professor Robert Miller’s critique that even the most objectively offensive and harmful speech ought to be completely protected in order to safeguard against the tendency of legislatures to make errors of “false positives”. Professor Arkes […] -
“Conservative Jurisprudence Resorts to Relativism”–Professor Hadley Arkes in First Things
Writing at First Things, Professor Arkes weighs in on the decision of the Supreme Court in Masterpiece Cakeshop. The majority opinion has been described as a “narrow” decision to vindicate a Colorado baker in his refusal to supply a wedding cake for a same-sex marriage ceremony. At stake were the defendant’s rights to free expression […] -
“The True Meaning of the Pentagon Papers”- Professor Hadley Arkes in City Journal
Writing in City Journal, Professor Hadley Arkes debunks the now-iconic narrative–championed most recently in Steven Spielberg’s film The Post–that the Pentagon Papers case (1971) presents a high-water mark for the Supreme Court’s jurisprudence concerning the First Amendment. The per curiam opinion of the Court vindicated the Washington Post’s right to publish classified government documents prior to an executive […] -
“Conservatives And Freedom Of Speech” – Prof. Hadley Arkes in the Claremont Review of Books
Writing in the Claremont Review of Books, Prof. Hadley Arkes details the intellectual poverty of defending a notion of “free of speech” that denies any limiting principles on speech. The piece, “Conservatives and Freedom of Speech: Backing into Relativism?” is nicely described by Scott Johnson of PowerlineBlog: “Professor Arkes focuses on the philosophical ground on […] -
Interview with US Commission on International Religious Freedom Chairman – Prof. Daniel Mark
Professor Mark was recently elected chairman of the U.S. Commission on International Religious Freedom (USCIRF). He is an assistant professor of political science at Villanova University, a visiting fellow at the University of Notre Dame, and a JWI Affiliated Scholar. We invite you to read our interview with Dr. Mark. You are the Chairman of […] -
The Seth and Chris Show – Prof. Hadley Arkes on Charlottesville and Free Speech
Prof. Arkes joined The Seth and Chris Show to discuss the protests in Charlottesville, VA and analogies to the Nazis who marched through Skokie in the late 1970s. Prof. Arkes examines the contradictory position of the ACLU in its defense of “the freedom to choose the Nazis” and outlines how those moral principles which underlie […]