First Amendment
Symposium

FREE SPEECH IS A TRIANGLE

Jack M. Balkin*

The vision of free expression that characterized much of the twentieth century is inadequate to protect free expression today.

The twentieth century featured a dyadic or dualist model of speech regulation with two basic kinds of players: territorial governments on the one hand, and speakers on the other. The twenty-first-century model is pluralist, with multiple players. It is easiest to think of it as a triangle. On one corner are nation-states[...]

Equality
Symposium

ANOTHER FIRST AMENDMENT

Leslie Kendrick *

What can the First Amendment accomplish in society? In particu­lar, can it foster equality? This Essay, written for Columbia Law Review’s 2018 Symposium on equality and the First Amendment, argues that, if the question is whether freedom of speech could serve equality, the answer is yes. Freedom of speech can serve nearly[...]

Constitutional Law
Symposium

THE SEARCH FOR AN EGALITARIAN FIRST AMENDMENT

Jeremy K. Kessler * & David E. Pozen **

Over the past decade, the Roberts Court has handed down a series of rulings that demonstrate the degree to which the First Amendment can be used to thwart economic and social welfare regulation—generating widespread accusations that the Court has created a “new Lochner.” This introduction to the Columbia Law Review’s[...]

First Amendment
Symposium

A PROGRESSIVE LABOR VISION OF THE FIRST AMENDMENT: PAST AS PROLOGUE

Catherine L. Fisk *

Any progressive agenda for change will require robust exercise of speech and associational rights that law currently restricts for labor unions. Although the Supreme Court’s conservative First Amendment judicial activism has raised doubts about whether constitutional protection for free speech can serve progressive ends, this Essay identifies a silver lining to the deregulatory use of the First Amendment. The Roberts Court’s extension of heightened[...]