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The Latest Breaking News from Oliver Wendell Holmes

Journal of Free Speech Law: "Gitlow Revisited: Disentangling Ideas and Crimes Via the Harm Principle," by Ronald Krotoszynski

The final article from the "Gitlow v. New York at 100" symposium, held last year at the Arizona State University Sandra Day O'Connor College of Law.

Journal of Free Speech Law: "Incitement, Enthusiasm, and the Dangers of Negligent Protest," by John Inazu

From the "Gitlow v. New York at 100" symposium, held this year at the Arizona State University Sandra Day O'Connor College of Law.

Journal of Free Speech Law: "What Did Gitlow Do?," by James Stern

From the "Gitlow v. New York at 100" symposium, held this year at the Arizona State University Sandra Day O'Connor College of Law; other papers from that symposium will be published here in the coming weeks.

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Choice of Law in Takings Cases After Tyler v. Hennepin County (III)

The Court’s departures from standard choice of law principles (or, takings doctrine for federal courts gurus).

Yes, Mark Zuckerberg, You Can Shout 'Fire' in a Crowded Theater

Anyone discussing free speech should at least try to get this right.

The Open Fields Doctrine and the Text of the Fourth Amendment

What is a "house"?

After 100 Years, End the Open Fields Doctrine

Federal agents are allowed to search private property without a warrant under this Prohibition-era Supreme Court precedent.

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Yes, Tim Walz, You Can Shout 'Fire' In A Crowded Theatre

During Tuesday's debate, Tim Walz fumbled a key moment by misunderstanding the First Amendment

Campus Free Speech, 2024

For free speech on campus, Brandeis and Holmes should guide colleges and universities.

When Attacks on Anarchists Accidentally Improved Free Speech Law

After the crackdown on anarchists died down, it became more difficult to imagine anyone could go to jail in America solely for political heresy.

Journal of Free Speech Law: "'Falsely Shouting Fire,'" by Profs. Genevieve Lakier & Evelyn Douek

The article is here; the Introduction: Over one hundred years ago, in Schenck v. United States, Justice Oliver Wendell Holmes created a meme. Holmes wanted to illustrate why freedom of speech was not—and could never be—absolute. "The most stringent protection of free speech," Holmes wrote, "would not protect a man…

How To Yell 'Fire' in a Crowded Theater

Aside from narrowly defined exceptions, false speech is protected by the First Amendment.

Taxes Are Not the Mark of Civilized Society

Taxes Are Not the Mark of Civilized Society

Contra the famous quotation from Oliver Wendell Holmes, there's nothing particularly civilized about the way our governments spend the money we provide.

Expert: Indictment won't help Trump

Expert: Indictment won't help Trump

The spectacle of a criminal trial in state or federal court would have a dramatic effect on a presidential campaign

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The Conversation

Trump indictment won't keep him from presidential race, but will make his reelection bid much harder

A Manhattan grand jury has voted to indict former President Donald Trump. The specific state charges, reports The New York Times, “remain a mystery” but will be related to the Manhattan district attorney’s investigation of Trump for making hush money payments to a porn star just before the 2016 presidential…

Wildlife Agents Placed a Camera on His Property Without a Warrant, Then Raided His Home After He Removed It

How a Prohibition-era legal precedent allows warrantless surveillance on private property.

Tribune News Service

The Supreme Court ruled against a Baltimore baseball team 100 years ago, leading to MLB’s current antitrust exemption

BALTIMORE — More than a dozen men gathered for a banquet at Baltimore’s Belvedere Hotel in March 1914, and though they were set to embark into challenging, uncharted territory, they were brash and confident. The men were the stakeholders of the new Federal League — a rival to the established…

Chicago Sun-Times

After Buffalo massacre, NY Gov. Kathy Hochul tries to justify censorship

Hochul is right that the Supreme Court has recognized exceptions to the freedom of speech guaranteed by the First Amendment. She is wrong in thinking that “hate speech” is one of them.

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New York's Governor Wants to 'Silence' Constitutionally Protected Speech

In response to the Buffalo massacre, Gov. Kathy Hochul invoked a hoary analogy to justify censorship.

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