Freedom of Speech/Expression

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Term Talk: City of Grants Pass v. Johnson; McElrath v. Georgia

Francesca Williams, Laurie Levenson, Evan Lee

November 21, 2024

Criminal Law. Eighth Amendment. Fifth Amendment. Experts discuss the Court’s interpretation of status and conduct in the context of ordinances that punish sleeping in public in City of Grants Pass v. Johnson, and the absolute bar to retrial of acquittals, even when there are inconsistent verdicts, in McElrath v. Georgia.

Term Talk: Moody v. NetChoice; Lindke v. Freed

Erwin Chemerinsky, Michael McConnell, Elizabeth C. Wiggins

September 19, 2024

First Amendment. Social Media. Experts analyze the Court’s varied opinions on whether social media platform content moderation is speech protected by the First Amendment in Moody v. NetChoice, LLC, and when posts to personal social media accounts by government officials become government speech in Lindke v. Freed.

Term Talk: Murthy v. Missouri; National Rifle Assoc. v. Vullo

Erwin Chemerinsky, Michael McConnell, Elizabeth C. Wiggins

September 19, 2024

First Amendment. Government Speech. Experts analyze whether government speech infringed on others' speech rights, in Murthy v. Missouri, and the government’s unconstitutional use of retaliation to suppress disfavored speech in National Rifle Association v. Vullo.

Term Talk: 303 Creative LLC v. Elenis

Erwin Chemerinsky, Tara L. Grove, James A. Chance

September 28, 2023

First Amendment. Public Accommodations. Experts discuss the Supreme Court’s emerging artistic expression exception to public accommodations laws, and the opinion’s potential impact on anti-discrimination laws in general.

Term Talk: Mahanoy School District v. B.L., Amer. for Prosperity v. Bonta

Melissa Murray, Paul Clement, Hamid Khan

October 14, 2021

Free Speech and Free Association. Watch experts discuss the Court’s first look at public school regulation of off campus student speech, and the burden donor disclosure requirements have on Free Association rights.

Federal Judicial Center

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