Professionalism codes threaten students’ off-campus expression
4 key First Amendment cases to watch this Supreme Court term
The Supreme Court’s October 2021 term, which officially began on the first Monday of the month, promises to be an eventful one for those concerned about the First Amendment and its freedoms. The court will hear cases involving: A man on death row asserting a violation of his religious liberty rights; A dispute over whether […]
Perspective: Students, Parents and Free Speech Win in Cheerleading Case
The U.S. Supreme Court delivered a significant victory for student First Amendment rights in its first-ever social media case at the K-12 level. The decision also protected parental rights and reaffirmed the core principles of a seminal student speech decision of more than 50 years ago.
Perspective: Student Athletes Have a Right to Peaceful Protest
In February, members of the East Tennessee State University (ETSU) basketball team locked arms and took a knee in what Coach Jason Shay called a symbolic protest against “racial inequalities and injustices.”
Cheerleader’s Snapchat Rant Tests Students’ Free Speech Rights
This column expresses the views of David L. Hudson Jr., First Amendment Fellow of the Freedom Forum. The would-be varsity cheerleader, the tattletale and Snapchat have converged in a Supreme Court free speech case sure to draw the interest of social media-loving students, concerned parents and wary school administrators everywhere.
The First Amendment Protects the Unsavory – and All of Us Too!
This column expresses the views of David L. Hudson Jr., First Amendment Fellow of the Freedom Forum. “It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not-very nice people.” So wrote Supreme Court Justice Felix Frankfurter in his dissenting opinion in United States […]
Fundamental Free Speech Principle: No Viewpoint Discrimination
This column expresses the views of David L. Hudson Jr., First Amendment Fellow of the Freedom Forum. First Amendment free-speech law has many important principles, rules, doctrines and exceptions. It has been called labyrinthine, complex, convoluted and confusing. But one rule stands supreme above all others in the world of free speech. That rule is […]
Justice Ruth Bader Ginsburg and the First Amendment
This column expresses the views of David L. Hudson Jr., First Amendment Fellow of the Freedom Forum. Justice Ruth Bader Ginsburg (1933–2020), the second woman to ever serve on the U.S. Supreme Court, is best known for her pioneering advocacy against gender discrimination. Much like Thurgood Marshall, Ginsburg was a seasoned Supreme Court advocate before […]
Justice Sonia Sotomayor: Defending Individuals and Constitutional Freedoms
This column expresses the views of David L. Hudson Jr., First Amendment Fellow of the Freedom Forum. “She is an inspiring woman who I believe will make a great justice,” President Barack Obama announced to the country in nominating Sonia Sotomayor on May 26, 2009. “Over a distinguished career that spans three decades, Judge Sotomayor […]
Court Majority Continues to Pay Homage to the Content Discrimination Principle
This column expresses the views of David L. Hudson Jr., First Amendment Fellow of the Freedom Forum. The U.S. Supreme Court’s decision Monday to keep a federal law banning most robocalls and remove an exception allowing for government debt-collector robocalls also carried a strong message that the court will not permit government officials to selectively […]