People
Noah Feldman
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Don’t Let Israel-Hamas War Stifle Academic Freedom
December 4, 2023
An op-ed by Noah Feldman: The Israel-Hamas war in Gaza has fostered an almost daily deluge of campus controversies. Here’s a sampling: The Anti-Defamation League…
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Supreme Court’s New Code of Conduct Won’t Change a Thing
November 14, 2023
An op-ed by Noah Feldman: It’s great that the US Supreme Court promulgated a code of conduct for the justices. It should help put an…
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Gun Case Forces Supreme Court to Confront Its Own Illogic
November 8, 2023
An op-ed by Noah Feldman: The good news is that the US Supreme Court seems poised to reverse a Fifth Circuit decision that said police…
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SBF’s Fall Isn’t Just a Morality Tale. It’s a Warning to Regulators.
November 6, 2023
An op-ed by Noah Feldman: It’s tempting to treat FTX founder Sam Bankman-Fried’s conviction as a morality play, replete with the familiar elements of a…
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Minnesota and Colorado consider removing Trump from ballot
November 3, 2023
On Thursday, Minnesota’s state Supreme Court is taking up a lawsuit claiming that former President Donald Trump should not be allowed on the ballot because…
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Supreme Court Avoids Key Free Speech Question in Social Media Cases
November 2, 2023
An op-ed by Noah Feldman: There are several major social media cases facing the US Supreme Court this term, all having to do with the…
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Supreme Court takes on social media in Lindke v. Freed and O’Connor-Ratcliff v. Garnier
October 27, 2023
On October 31, the United States Supreme Court will hear arguments in two cases — Lindke v. Freed and O’Connor-Ratcliff v. Garnier — that may decide whether and under what circumstances government officials can block private citizens from their personal social media accounts.
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Israel-Hamas War Tests Left’s Views on Cancel Culture
October 25, 2023
An op-ed by Noah Feldman: Most people seem to think that free speech means saying whatever you want without consequences. But that’s never been true…
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Blame the House, Not the Constitution, for the Speaker Mess
October 19, 2023
An op-ed by Noah Feldman: On the surface, the gridlock caused by the Republican Party’s failure to elect a speaker of the House of Representatives…
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Rappaport Forum talks First Amendment limits of content moderation, ‘lawful but awful’ speech on social media
September 27, 2023
At HLS Rappaport Forum, legal experts debated the balance between the free speech rights of users, platforms, and the government
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Supreme Court Can Let West Point Keep Affirmative Action
September 21, 2023
An op-ed by Noah Feldman: It’s rare for a lawsuit to be invited by the Supreme Court. But that’s the background to the case brought…
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Supreme Court Should Let the Bully Pulpit Keep Some Muscle
September 20, 2023
An op-ed by Noah Feldman: The Supreme Court is gearing up for a ruling on whether the Biden administration may directly speak to executives at…
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Republican Impeachment Inquiry Marks Low Point in History
September 14, 2023
An op-ed by Noah Feldman: The decision by the House Republican leadership to open an impeachment inquiry into Joe Biden — without any evidence of…
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The big diversity problem that no one wants to publicly admit
August 28, 2023
Thanks to a Supreme Court ruling in June, colleges and universities can no longer consider race in admissions. Many academics believe that this same criteria…
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Alas, Trump Is Still Eligible to Run for Office
August 21, 2023
An op-ed by Noah Feldman: A law review article claiming that Donald Trump is automatically disqualified from holding elected office is getting attention in large…
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Trump and SBF Face Speech Limits as Criminal Defendants
August 17, 2023
An op-ed by Noah Feldman: What limits can a court place on a defendant’s free speech while he is out on bail pending trial? This…
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Ditch the Special Counsel. Bring Back the Independent Counsel.
August 15, 2023
An op-ed written by Noah Feldman: The two federal criminal prosecutions most in the news right now — of Donald Trump and Hunter Biden —…
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Congress Should Pass a Law Against Election Interference
August 8, 2023
An op-ed by Noah Feldman: Special Counsel Jack Smith’s indictment of former president Donald Trump correctly charges that he unlawfully tried to subvert the 2020…
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Trump Indictment Defends America’s Battered Democracy
August 2, 2023
An op-ed by Noah Feldman: This is the big one: the first time the Department of Justice has ever indicted a former president for subverting…
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Biden lawyer who defended affirmative action grapples with diversity in her own office
July 24, 2023
When Solicitor General Elizabeth B. Prelogar defended college affirmative action programs before the Supreme Court in October, she cited the lack of diversity in a…
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As Justices Snipe, Supreme Court’s Image Suffers
July 17, 2023
An op-ed by Noah Feldman: The Supreme Court justices are getting testy with one another. As the court’s conservative revolution proceeds, the tone of the…