A Statement from Constitutional Law Scholars on Columbia

POSTED BY HANK REICHMAN The following extraordinary statement was published today in the New York Review of Books and is reposted here with their permission.  The statement’s signatories include virtually every leading First Amendment scholar in the country, conservative and liberal.  Among the signatories are Eugene Volokh and Michael McConnell, arguably the two most prominent…

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Another Case of Anticipatory Obedience?

BY HANK REICHMAN As an alum of Columbia University (CC ’69) I received an email yesterday from the university’s interim president Katrina Armstrong responding to the Trump Administration’s decision to arbitrarily cancel some $400 million in federal grants “due to the school’s continued inaction in the face of persistent harassment of Jewish students.”  The email…

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The Role of the AAUP in Developing the First Amendment Law of Academic Freedom

BY DAVID M. RABBAN In the process of writing my recently published book, Academic Freedom:  From Professional Norm to First Amendment Right (Harvard University Press, 2024), I increasingly realized that the AAUP’s treatment of academic freedom as a professional norm provides a revealing counterpart to the judicial development of academic freedom as a First Amendment…

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FBI poster for members of Weatherman faction of Students for a Democratic Society

Healy v. James, Fifty Years Later

BY JOHN K. WILSON Fifty years ago, on June 26, 1972, the US Supreme Court issued one of the most important rulings protecting free speech on campus in the case of Healy v. James. As the conservative Supreme Court has proven this week, even a fifty-year precedent is not safe if five justices decide to…

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NIMBYism in Berkeley

BY HANK REICHMAN The California Supreme Court declined this week to stay an injunction that requires the University of California at Berkeley to freeze enrollment at Fall 2020 levels while a lawsuit against the university filed by a resident group proceeds.  The suit, filed under the California Environmental Quality Act (CEQA), charges that the university…

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