First Amendment

Janus and Public Pension Funds

September 17, 2018

In last Term’s Janus v. AFSCME, the Supreme Court ruled that union agency fees—payments that all public employees were required to make to labor unions—violated the employees’ First Amendment rights. Since Janus, several commentators have pointed out that agency fees are not the only mandatory payments deducted from public employees’ paychecks. In most states, public…

Da Lin

Janus and the Law of Opt-Out Rights

July 2, 2018

A great deal of time will be spent scrutinizing the core holding in Janus v. AFSCME, Council 31, that the First Amendment forbids public employers to require workers to financially support a union’s costs of collective bargaining. Still more time will be spent debating state legislative approaches to soften Janus’s blow or neutralize it altogether….

Aaron Tang

The Travel Ban Arguments and the President’s Words

April 27, 2018

Coming out of Wednesday’s arguments in Trump v. Hawaii, the dominant view—see, for example, here, here, and here—was that the federal government was likely to prevail and the Proclamation would be upheld. I was less sure; my impression was that if the Court reached the Establishment Clause question—a big if—there was a good chance that…

Kate Shaw

The Meaning of Marriage

December 1, 2017

Laws banning discrimination on the basis of sexual orientation — like laws banning discrimination on the grounds of race, sex, and other significant statuses — are a moral and social good, properly expressing the intrinsic and radical equality of every human person. Marriage, however, by law and by custom, is not a statement about an…

Helen Alvaré

Fake News and the First Amendment

November 10, 2017

Last week, representatives of several social media companies appeared before Congress to testify about mounting evidence that Russian government sponsored groups sought to influence U.S. elections and American political sentiment by propagating false or misleading news stories, artificially driving online popularity of those stories, and actually fomenting violent demonstrations and clashes. These hearings were only…

Michael Chertoff