First Amendment

Case Reviews

A Post Truth First Amendment

February 13, 2019 Ben Leonard 0

Introduction: Fake news has seen tremendous reach. Conspiracy theories are frequently peddled. President Donald Trump averaged more than 15 false statements per day in 2018. It’s fair to say that America is now in a post-truth era. To many Americans, truth just doesn’t matter as much as it once did. One First Amendment scholar, Sarah Haan—associate professor of law at Washington and Lee School of Law—thinks that post-truthism poses a constitutional law problem with regards to the First Amendment. “Post-truthism, which teaches that evidence-based reasoning lacks value, offers a normative framework for regulating information,” wrote Haan in her 2018 paper entitled “The Post-Truth First Amendment.” “Although post-truthism has become a popular culture trope, I argue that we should take it seriously as a theory of decision making and information use, and as a basis for law.” What exactly is post-truthism? Haan argues that most people still view the truth as […]

US Law

NIFLA v. Becerra: Does The C.A. Reproductive FACT Act Violate Crisis Pregnancy Centers’ Free Speech Rights?

October 15, 2018 Samia Noor and Alan Zhao 0

Summary: A 2015 California law that requires crisis pregnancy centers to inform eligible women of state programs available to help them triggered opposition from anti-abortion advocates. The court decision ruled in favor of the state government, but not likely to put an end to debates as such. Since Roe v. Wade in 1973, abortion has been a mainstay cultural battleground in the United States. In the decades since, multiple challenges have been made to alter the scope of its judgement. Most relevantly, Planned Parenthood v. Casey (1992) largely reaffirmed Roe v. Wade. However, Planned Parenthood v. Casey opened the door to certain regulations on abortion providers, including requiring them to provide information to patients regarding the fetus, detrimental effects of abortion, and adoption. Planned Parenthood v. Casey set the stage for states to regulate abortions, even in the first trimester in some cases, as long as said regulations do not […]