"[I]n the public university setting, student disagreement with a professor's academic speech on an issue of public concern cannot alter the Pickering analysis in the government's favor." A short ...
This review is part of a preview of the winter 2026 issue of Academe. The issue will be released in full in February.
At Supreme Court oral argument in the Texas social media case back in February, Justice Samuel Alito asked the question: “Let’s say YouTube were a newspaper, how much would it weigh?” In Monday’s ...
I've long been interested in what limits the First Amendment imposes on "hostile work environment harassment" law (as well as the similar rules as to education, public accommodation, and housing); I ...
Most law school exams are issue spotters, requiring students to analyze legal issues in a (sometimes ridiculous) fact pattern. The recent controversy over Jimmy Kimmel’s suspension is the perfect ...
The U.S. Supreme Court on Monday declined to rule on the constitutionality of laws passed by Republicans in Florida and Texas regulating content moderation at large social media companies, sending the ...
The Trump administration has failed to convince a federal judge that its efforts to penalize “diversity, equity, and inclusion” (DEI) initiatives should be allowed to go forward amid an ongoing ...
(THE CONVERSATION) The latest Supreme Court case related to abortion is not technically about the legal right to have one. When the court heard oral arguments on Dec. 2, 2025, the word “abortion” came ...