The simple truth is, the policy impact of the New York gun case recently decided by the Supreme Court, New York State Rifle & Pistol Association v. Bruen (Bruen), is not likely to be significant. Even Justice Thomas’ decision as further refined by the concurring opinions of Justices Kavanaugh and…

The work of the January 6 committee serves as a masterclass on the power, potency, and purpose of the First Amendment: to subject all ideas, bad and good, to review and debate as an exercise in discovering the truth. But as some of us watch the televised hearings, we might…

In a working democracy, the people retain rights and the government exercises power. The government is often called upon to assert its power when individual rights clash: my right to speak, even to speak hatefully, vs your right to live a life in the pursuit of happiness; or my right…

(or It Really Isn’t about the Cake) Let’s be clear, it is wrong to discriminate against other human beings for any reason. It is ugly; it is unfair; it is dishonorable. But it is also wrong, unfair, and dishonorable to force a person to testify against their interests; to force…

Suzanne Nossel, chief executive of PEN America, hit the nail on the head when she described the free speech problem in America: “There’s a crisis around the freedom of speech now because many people don’t understand it, they weren’t taught what it means and why it matters.” As a professor…

Anger can cloud reasoning, but it shouldn’t cloud constitutional principles — Many are justifiably angry at the January 6, 2021 insurrectionists who defiled the US Capitol. Their message, their anger at the perceived unfairness of the election, is not being debated here. Their right to peacefully protest and to express their views, whether those views were based on facts or falsehoods…

Malice is intentional. It is designed to injure. Actual malice, a misnomer if ever there was one, is a constitutional standard applied in defamation actions that does not include the intent to cause harm. Sarah Palin is suing the New York Times for defamation, specifically libel, which is the written…