Deeply saddened to learn of Gordon Wood's passing. Few have had an equal impact on the study of the American Founding, or on my own intellectual development. No book is more responsible for making me a historian of early constitutional history than Wood's *The Creation of the American Republic*.
The rule against viewpoint discrimination is one of the most imptl in First A law. But as I show in a new paper, forthcoming in the U Penn Law Review, the test of viewpoint discrimination has changed a LOT in the past few decades, in good ways and bad. 🧵
papers.ssrn.com/sol3/papers....
We had the privilege of welcoming UN Special Rapporteur on freedom of expression and opinion at @fau.de #CHREN in a keynote & panel discussion on freedom of expression in Germany. Full video available on our YouTube channel: www.youtube.com/watch?v=lubj...
@grabaranowska.bsky.social
Video
The good news: by expanding the definition to include not only laws that disfavor particular ideologies (Communists for example) but also laws that disfavor entire genres of speech (religious advocacy) SCOTUS has made it harder for govt actors to surreptitiously viewpoint discriminate. (2/4)
The bad news: this more expansive definition has sown considerable confusion among the lower courts--for good reason! it is very difficult to apply, as I show--and resulted in very inconsistent and often not very speech-protective decisionmaking
Bitte gefällig beachten 👇 🌈
[nebenbei: das sind genau die Aktivitäten, die eine AfD-Landesregierung in Thüringen verhindert hätte, verhindern würde.]