Essay

American Booksellers Association v Hudnut: “The Government Must Leave to the People the Evaluation of Ideas”

Geoffrey R. Stone

Edward H. Levi Distinguished Service Professor of Law, The University of Chicago Law School

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In early 1985, President Ronald Reagan appointed thenProfessor Frank Easterbrook to the United States Court of Appeals for the Seventh Circuit. A few months later, the freshly robed Judge Easterbrook confronted one of the most controversial constitutional issues of the day. In his opinion in American Booksellers Association, Inc v Hudnut, one of the most celebrated and oft-cited opinions of his illustrious career, Easterbrook single-handedly put that issue to rest.

TABLE OF CONTENTS

First Amendment Freedom of Speech

Online

Essay

Religious Coercion and Kennedy v. Bremerton School District

Jason T. Hanselman

Jason T. Hanselman is a J.D. Candidate at the University of Chicago Law School, Class of 2024.

He thanks the University of Chicago Law Review Online team for its thoughtful commentary and is grateful for Kayla Parker, to whom he dedicates any and all persuasive arguments in this Case Note.

The First Amendment prohibits the state from “establish[ing]” a religion, and it is uncontroversial that this prohibition extends to so-called religious coercion.

First Amendment

Online

Essay

Offended-Observer Standing’s Last Stand: Kennedy as the Final Nail in a Flawed Doctrine’s Coffin

Stephen Vukovits

Stephen Vukovits is a J.D. Candidate at the University of Chicago Law School, Class of 2024.

He thanks Matthew Makowski, Anson Fung, Virginia Robinson, and the University of Chicago Law Review Online team.

This past term, the Supreme Court in Kennedy v. Bremerton School District (2022) formally overturned the notorious Lemon test that had governed Establishment Clause jurisprudence for more than a half-century.

Federal Courts First Amendment

Online

Essay

Lawful but Awful? Control over Legal Speech by Platforms, Governments, and Internet Users

Daphne Keller

Daphne Keller directs the Program on Platform Regulation at Stanford’s Cyber Policy Center. Until 2015, she was Google’s Associate General Counsel.

She thanks Max Levy for his work on this Essay.

In his quixotic bid to buy and reform Twitter, Elon Musk swiftly arrived at the same place nearly every tech mogul does: he doesn’t want censorship, but he does want to be able to suppress some legal speech.

First Amendment Section 230 Social Media