Professor James Weinstein offers a new iteration of an old argument, which holds that the suppression of pornography raises no free speech issue at all. Weinstein’s reformulation is a valuable contribution, not least because it captures an intuition that is shared by many, including, evidently, the Supreme Court. But the argument fails. It is a mistake to pretend that, when we suppress pornography, we are not infringing on values that lie at the heart of free speech.
Voting rights advocates should explore section 11(b) of the Voting Rights Act as a vehicle to combat voter intimidation.
A transgender student's expression of her gender identity, including through the use of gender consistent bathrooms, is First Amendment protected speech,
An evidentiary privilege to protect workers' confidential communications from disclosure in federal and state court proceedings would support unions.
Labor organizing privilege is not a magic bullet that will secure the rights of workers to organize and collectively bargain. Employers will continue to resist the efforts of their workers to organize.