First Amendment

Cass R. Sunstein, Incompletely Theorized Agreements in Constitutional Law, 74 Soc. Res. 1 (2007).

Cass R. Sunstein, Pornography and the First Amendment, 1986 Duke L.J. 589.

Cass R. Sunstein, The Spirit of the Laws, New Republic, Mar. 11, 1991, at 32 (reviewing Laurence H. Tribe & Michael C. Dorf, On Reading…

Yochai Benkler, Property, Commons, and the First Amendment: Towards a Core Common Infrastructure (White Paper, First Amendment Program, Brennan Center for Justice at NYU School…

Yochai Benkler & Bruce Ackerman, Occupying the First Amendment, Huffington Post: The Blog (Oct. 21, 2011, 8:51 AM).

Yochai Benkler, Free as the Air to Common Use: First Amendment Constraints on Enclosure of the Public Domain, 74 N.Y.U. L. Rev. 354 (1999).

Yochai Benkler, Free Markets vs. Free Speech: A Resilient Red Lion and it Critics, 11 Eur. J. Int’l L. 171 (2000) (reviewing Robert Corn-Revere, ed.,…

Yochai Benkler, Constitutional Bounds of Database Protection: The Role of Judicial Review in the Creation and Definition of Private Rights in Information, 15 Berkeley Tech.

Gara LaMarche & William B. Rubenstein, The Love That Dare Not Speak: Censoring Gay Expression, The Nation, Nov. 5, 1990, at 524.

William B. Rubenstein, Since When is the Fourteenth Amendment Our Route to Equality: Some Reflections on the Construction of the Hate Speech Debate from a…

William B. Rubenstein, Since When Is The Fourteenth Amendment Our Route to Equality?: Some Reflections on the Construction of the “Hate Speech” Debate From a…

Constitutionalism Across Borders in the Struggle Against Terrorism (Federico Fabbrini & Vicki C. Jackson eds., Edward Elgar Publ’g 2016).

Vicki C. Jackson, Constitutional Law in an Age of Proportionality, 124 Yale L.J. 8 (2015).

Todd D. Rakoff, Contemporary Challenges Facing the First Amendment’s Religion Clauses, Introduction, 43 N.Y.L. Sch. L. Rev. 101 (1999).

Ronald Sullivan, Forgotten Insurrection Clause of 14th Amendment Used to Force GOP Members of Congress to Defend Actions on Jan. 6, Law.com (May 11, 2022).

Randall L. Kennedy, Foreword, in How Free Speech Saved Democracy: The Untold History of How the First Amendment Became an Essential Tool for Securing Liberty…

Randall L. Kennedy, The Case for Quoting the N-word in University Classrooms, Wash. Post, May 13, 2021.

Randall L. Kennedy, Is It Ever OK to Enunciate a Slur in the Classroom?, Chron. Higher Educ. Oct. 1, 2021.

Randall Kennedy, The Forgotten Origins of the Constitution on Campus, Am. Prospect, Dec. 28, 2017, at 1.

Randall L. Kennedy, A Comment on Gibson v. Florida Legislative Committee, in Secret Agents: The Rosenberg Case, McCarthyism and Fifties America (Marjorie Garber & Rebecca…

Randall L. Kennedy, Comment and Discussion on Hate Crimes/Hate Speech, in Speech and Equality: Do We Really Have to Choose? (Gara LaMarche ed., 1996).