This Case Note explores the possibility that, in a world where TikTok is banned or heavily regulated, individual TikTok users could sue states under a Takings Clause theory. Any such cases would have to wrestle with two core questions (1) whether the account holders hold an actionable property interest in their accounts; and (2) if so, whether permanently and totally depriving users of access to their accounts constitutes a taking.
The First Amendment prohibits the state from “establish[ing]” a religion, and it is uncontroversial that this prohibition extends to so-called religious coercion.
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.
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.
The internet has drastically altered our notion of the press.
This term, the Supreme Court is scheduled to hear and consider Kristin Biel’s case.
