Today’s conservative Roberts Court is a bastion of First Amendment freedom as was the liberal Warren Court half a century ago. But the winners are different. Establishment insiders win today whereas outsiders won most often during the Warren years. On its 200th birthday in 1991, the First Amendment had developed into a powerful shield against
The Bill of Rights has helped create what is arguably the freest enduring society in history. It wasn’t always that way. The original Constitution didn’t have a Bill of Rights. Once the Bill of Rights was added, it didn’t apply for a century to state governments. As recently as 90 years ago, no one had
The ways people communicate change over time. And our laws, including the First Amendment, adapt to those changes. But it isn’t clear that recent changes and trends are adapting to our needs for truthful and reliable information, and for outlets of dissent, reform, and renewal, within today’s electronic communications environment. When the Bill of Rights
