Tag Archives: Free Speech

The First Amendment as a Wall: A Pragmatic View

by Matthew L. Schafer Harry Wellington, the late Dean of Yale Law School, once hedged one of his articles on the First Amendment by writing, “Those to whom nothing which I am about to say will be new may I … Continue reading

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Justice Breyer’s Approach to the First Amendment: “What I Think We Should Do”

by Matthew L. Schafer Just minutes before the Supreme Court upheld the Affordable Care Act, the Court handed down a 6-3 decision in United States v. Alvarez, striking down as unconstitutional under the First Amendment a 2005 law, the Stolen Valor … Continue reading

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Advertising, Compelled Speech, and the Law: Judge Strikes Down as Unconstitutional Graphic FDA Cigarette Warning Labels

By Matthew L. Schafer On Wednesday, a United States federal judge held that government regulations requiring cigarette manufacturers to display large graphic warnings on cigarette cartons violated cigarette manufacturer’s rights under the First Amendment to the United States Constitution.  Judge … Continue reading

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