Faith Howard examines the Sixth Circuit’s recent decision in D.A. v. Tri County Area Schools. Ultimately, arguing that the Supreme Court should take the decision up for review to help certify for lower federal courts the extent to which the Fraser standard regarding student speech should apply.
Joshua Smith explores how the federal government’s use of Zach Bryan’s hit song “Revival” for immigration agent recruitment exposes unresolved tensions between copyright protection, expressive autonomy, and the limits of government speech.
Joshua Smith examines the prosecution of rapper Young Thug and his record label, Young Stoner Life, focusing on the permissibility of rap lyrics as evidence in criminal trials. It explores the tension between artistic expression and free speech, analyzing key rulings and legal standards while situating the case within broader debates on race, cultural biases, and First Amendment boundaries.
In this article, Faith Howard examines President Trump’s recent executive order titled, “Prosecuting Burning of the American Flag.” Ultimately, arguing that, despite the president’s assertion that the order aligns with the First Amendment, where it may encounter legal challenges in federal courts concerning the issue of viewpoint discrimination.
In this article, Maria Tobergte analyzes Catholic Charities v. Wisconsin, a case addressing whether a religiously affiliated organization can claim an exemption from Wisconsin’s unemployment tax program on the grounds that it operates primarily for religious purposes. She assesses the outcome of the case and argues the most principled way to determine eligibility for such exemptions is to evaluate how an organization’s activities reflect its sincerely held religious beliefs, not whether the organization’s activities align with the state’s definition of typical religious behavior.
In this article, Maria Tobergte examines Drake’s lawsuit against the producer of the song “Not Like Us” for its allegedly defamatory lyrics. She concludes that Drake is unlikely to succeed, as the lyrics are more likely hyperbolic rhetoric rather than factual statements.
In this article, Katerina Fernandez examines how TikTok v. Garland establishes a legal framework that could be applied to Tencent, the Chinese tech giant behind several major gaming platforms. The article explores the national security concerns driving U.S. regulatory scrutiny of foreign-owned digital platforms and the potential constitutional and economic challenges of imposing similar restrictions on Tencent.
In this article, Erin Gray discusses Louisiana’s Ten Commandments law and the Middle District of Louisiana’s decision to strike down the law as unconstitutional under the Establishment Clause.
Jasmyn Hardin explains how the absence of federal protections for natural and protective hairstyles enables discriminatory grooming policies to persistently function as a means of control and punishment for Black people, leaving them with a difficult choice: conform to White normative standards or suffer the consequences.
In this article, Erin Gray discusses the upcoming TikTok ban and the resulting lawsuit TikTok filed against the United States. Gray explores how the United States Court of Appeals for the District of Columbia Circuit may rule on TikTok's First Amendment challenge of the ban.
