Can otherwise constitutionally protected speech lose its protection because of the speaker’s supposedly improper purpose? The Supreme Court has sometimes said “no”—but sometimes it has endorsed tests (such as the incitement test) that do turn on a...
In response to an emerging electricity sector, Congress passed the Federal Power Act (FPA) in 1935 and enshrined a division of jurisdiction between the federal government and the states. Federal jurisdiction would control wholesale electricity and...
Collateral censorship occurs when an intermediary refuses to carry a speaker’s message for fear of legal liability. Election speech intermediaries are prone to engage in collateral censorship because their interests do not align with the interests...
Opponents of affirmative action often claim that Asian Americans are injured by affirmative action. This argument is both inaccurate and strategic rather than motivated by real concern for Asian Americans. This Essay explains how Asian Americans in...
Introduction Imagine an applicant to a public university who is an accomplished pianist, grew up in a rural town in central Texas, and is African American. Each of these aspects of her background has played a formative role in shaping her identity...
Introduction The following is an excerpt from the transcript of oral argument in Fisher v. University of Texas at Austin,1 argued before the U.S. Supreme Court on December 9, 2015. Gregory G. Garre represented the University of Texas. Chief Justice...