Articles tagged as First Amendment
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“It Was The Supreme Court’s Liberals Who Established Protests Are Not ‘Sedition’” – Professor Hadley Arkes in The Federalist
In an essay for the Federalist, JWI founder and director Professor Hadley Arkes explores the Court’s approach to demonstrations under the First and Fourteenth Amendments. He examines how Supreme Court justices have regarded with concern the right of protestors to demonstrate in particular locations, such as outside the Supreme Court while trials are underway. Justices […] -
“The Limits of ‘Free Speech'” – Josh Hammer in Newsweek
In a piece for Newsweek, Josh Hammer explores how conservatives should approach the issue of free speech from both a practical and philosophical perspective, in light of past comments made by Rep. Marjorie Taylor Greene’s (R-GA) that have recently surfaced. Although Hammer acknowledges the Left’s hostility to free speech, he cautions conservatives against appealing to […] -
“Defending Religious Liberty Without the Constitution?”: Prof. Arkes in Law & Liberty
Last week the Supreme Court took a decisive step in striking down the so-called Blaine Laws, which barred the use of public funds in supporting religious activities, especially private religious schools. Professor Arkes argues that the Court, for a change over the last few weeks, managed to get something right. But in the ways of the […] -
“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 […]