“The Roberts Court & the Future of Free Speech”

Joel Gora:

The new Supreme Court Term that begins today marks the tenth anniversary of “the Roberts Court,” which reached full complement in January 2006. That was when Associate Justice Samuel Alito joined the Court, which Chief Justice John G. Roberts had been appointed to lead a few months earlier. The resulting coalition of a five-Justice “conservative majority” has had significant impact on the Court’s jurisprudence in a number of areas, and this has been especially evident in its rulings on the crucial First Amendment right of freedom of speech. In my view, “the Roberts Court” may well be the most speech-protective Court in a generation – if not in the Nation’s history – reaffirming and expanding extraordinary protection for free speech in a variety of settings. In the process, the Court has rebuffed numerous attempts by government and its allies to restrict established free speech protections or create new free speech limitations.

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