In 2012, a same-sex couple entered Masterpiece Cakeshop and asked its owner, Jack Phillips, to create a cake for their wedding reception in Denver, Colorado. Phillips declined the request, reportedly telling the couple, “Sorry guys, I don’t make cakes for same-sex weddings.”» Read More
Former Evergreen State College professor Bret Weinstein describes himself as a “professor in exile.” The evolutionary biologist left Evergreen last September in the fallout from the controversy surrounding the school’s planned Day of Absence programming.» Read More
Most Americans are familiar with The Great Wall of China. Fewer are familiar with the Great Firewall of China.» Read More
Hamilton retired from his position as University of Alaska president in 2010. However, his memo lives on in FIRE lore as the gold standard for a university president’s response to a campus free speech controversy.» Read More
So to Speak podcast: Professor Randall Kennedy on ‘The Forgotten Origins of the Constitution on Campus’
Has the history of how our constitutional rights came to be protected on campus been forgotten?
Professor Randall L. Kennedy believes it has. It’s a history even he wasn’t familiar with until recently. On this episode of So to Speak: The Free Speech Podcast, Professor Kennedy explains how civil rights activists in the 1950s and 60s secured early victories for free speech, due process, and public assembly on high school and college campuses.
Professor Kennedy teaches courses on contracts, criminal law, and the regulation of race relations at Harvard Law School, and he is the author of “The Forgotten [...] » Read More
Was our modern First Amendment born out of a chance encounter on a train bound for Boston in 1918?
On this episode of So to Speak: The Free Speech Podcast, we speak with Seton Hall Law Professor Thomas Healy. He argues that Supreme Court Justice Oliver Wendell Holmes’ unlikely run-in with Judge Learned Hand in the summer of 1918 set off a series of events that culminated in a new trajectory for the First Amendment in America.
Did the founders intend for the First Amendment to protect as much speech as it does today?
University of Richmond Assistant Professor of Law Jud Campbell argues probably not. He is the author of an article recently published in The Yale Law Journal that Cass Sunstein says “might well be the most illuminating work on the original understanding of free speech in a generation.”
In “Natural Rights and the First Amendment,” Professor Campbell argues that the founders’ understanding of the freedoms of speech and of the press rested on “a multifaceted understanding of natural rights that no longer survives [...] » Read More
The Institute for Justice doesn’t litigate your typical First Amendment cases.
They generally don’t take cases involving protest bans, controversial speakers, or political dissent. Instead, the libertarian, public-interest law firm takes cases often ascribed to the margins of First Amendment concerns by the public and even some judges: cases involving occupational speech, commercial speech, and campaign finance.
On this episode of So to Speak: The Free Speech Podcast, we speak with IJ President and General Counsel Scott Bullock about the origin of IJ’s unique brand of First Amendment litigation. Bullock joined the organization at its founding in 1991 [...] » Read More
Masses Publishing Co. v. Patten (1917) might be the most important free speech case you’ve never heard of.
In his now largely forgotten decision in the case, then Southern District of New York Judge Learned Hand rejected the United States postmaster general’s arguments for refusing to mail Masses magazine. The magazine was staunchly opposed to World War I and the compulsory military draft. The postmaster general argued that the recently passed Espionage Act gave him the authority to deny the magazine’s circulation.
Judge Hand’s decision was among the first to breathe free speech principles and ideals into American law. [...] » Read More
On this episode of So to Speak: The Free Speech Podcast, we chat with professor Pinker about free speech, free inquiry, taboo, dangerous ideas, and, of course, his forthcoming book on the Enlightenment: “Enlightenment Now: The Case for Reason, Science, Humanism, and Progress.”» Read More