First Amendment

Free speech, protest, social media, campus speech, and religion: what the First Amendment protects and where it stops.

4:59

Brief

What counts as “incitement” under the First Amendment?

How Brandenburg and Claiborne Hardware set a high bar before speech can be punished as incitement

3:46

Brief

A First Amendment Right to Social Media?

Why there is no constitutional right to stay on Facebook or X, and why platform access still matters

6:21

Brief

Social Media as "Common Carrier?"

Can states force Facebook or YouTube to carry everyone? Common carriage and must-carry laws after Moody.

2:57

Brief

Do You Have a Heckler's Veto Right?

Why shouting down a speaker you oppose undermines free speech, and how the heckler's veto doctrine began.

3:38

Brief

What are your rights to protest in public?

Streets, sidewalks, and parks: when you need a permit to protest and what counts as unlawful obstruction.

4:04

Brief

Can universities ban hate speech on campus?

Why public universities cannot ban offensive speech, and where harassment law draws the line on campus.

2:21

Brief

Can you be fired for speech outside the office?

Why the First Amendment does not stop a private employer from firing you for what you say on your own time.

3:13

Brief

Do student athletes have a right to "take a knee?"

Can a public school punish a student athlete for kneeling during the anthem? The First Amendment answer.

2:52

Brief

Can You Be Liable for the Emojis You Use?

Courts read emojis together with words, so a gun emoji or a thumbs-up can carry real legal consequences.

2:13

Brief

Can politicians lie about their opponents?

Why defamation's "actual malice" standard is the main legal limit on lies in political campaigns

7:24

Brief

The Lemon Test Explained

What Lemon v. Kurtzman required, why it fell out of favor, and where it stands after Kennedy v. Bremerton.