In this blog, author Collin Derrig discusses the Trump Administration’s January 2025 memorandum rescinding protections from immigration enforcement activities in “sensitive locations” such as houses of worship. The blog focuses on the constitutionality of the policy as applied to houses of worship under the First Amendment right to freedom of expressive association.
Nathan Steineker analyzes a public pension fund policy permitting the revocation of a retiree’s benefits based on conduct that may raise concerns under the First and Fourteenth Amendments.
Jack Frischen examines the Trump Administration’s involvement with CBS Broadcasting and how it likely amounts to intentional censorship of their competing views by use of antiquated laws and bullying tactics
Mofe Koya examines the arrests of journalists Don Lemon and Georgia Fort in Minneapolis, Minnesota following their controversial coverage of anti-U.S. Immigration and Customs Enforcement protests. She begins by discussing the circumstances surrounding the arrests before turning to an analysis of First Amendment protections for journalists and the essential role of the press in a democratic society. The article concludes by considering the broader implications of the arrests, including the precedent it may set and the policy considerations courts will need to address moving forward.
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.
