There is no First Amendment right to violence | New York Daily News
In his farewell address to Congress, Rep. Adam Kinzinger chastised his Republican colleagues for justifying the Jan. 6 attack on the Capitol as “legitimate political discourse.” As the Jan. 6 Committee report made clear, while the message of Trump supporters might be protected political speech, the medium used by the insurrectionists — violent attacks on…
Read MoreCommentary: Here’s what diversity is about, Justice Thomas | Albany Times Union
Dear Justice Thomas, I am a professor at Syracuse University. I teach argumentation, advocacy, and First Amendment theory. During oral arguments in the affirmative action cases brought by Students for Fair Admissions against the University of North Carolina and Harvard University you are quoted saying, “I’ve heard the word ‘diversity’ quite a few times, but…
Read MoreA Battle for the Soul of Our Schools | Medium
The current debates about appropriate curriculum and constitutional boundaries inside the classroom are nothing less than a fight for the soul of the educational system in the United States. As Anya Kamenetz, explained in her New York Times essay, the public school system as we know it today was designed as a public good, an inclusive and diverse…
Read MoreThe Anti-Abortion Movement’s Attempt to Criminalize Abortion Speech | Ms. Magazine
Censorship is a dirty word in America, and so it should be. It imposes silence upon speech, creating an empty void which instead should be filled with debate and discussion. As anti-abortion lawmakers continue to draft legislation to limit abortion access, opponents of new bans are horrified by the sweeping prohibitions lurking within—such as proposals that…
Read MoreHistory Should Serve as a Guidepost to the Supreme Court, Not a Straitjacket | Medium
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 Alito, seemingly provides ample space for regulation…
Read MoreCommentary: Limiting commercial speech would be way to fight gun manufacturers | Albany Times Union
In a recent article, “Gun sellers’ message to Americans: Man up,” the New York Times wrote, “Gun companies have spent the last two decades scrutinizing their market and refocusing their message….The sales pitch — rooted in self-defense, machismo and an overarching sense of fear — has been remarkably successful.” That’s correct, but legislatures might have…
Read MoreIncitement to Violence and The Big Lie | Medium
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 wonder if the First Amendment…
Read MoreAnother Win for the First Amendment | Medium
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 to own a gun vs…
Read MoreAbortion Rights Advocates Can Still Count on the First Amendment | Ms. Magazine
If (when) federal constitutional protections for abortions fall, each individual state will have the power to craft its own restrictions on the procedure. Still, the First Amendment might be able to offer a bit of cover to those who seek an abortion as a life choice. Justice Alito’s leaked opinion in Dobbs v. Jackson Women’s Health Organization even offers a…
Read MoreDepp v Heard: The jury’s burden | The Hill
Millions of dollars were at stake in the voyeuristic defamation case between Johnny Depp and Amber Heard. But if either of them believed this action was going to salvage their reputations and vindicate them, they were sadly mistaken. They were also mistaken if they believed this was going to be a cake walk for either of them.…
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