RARE PHOTOS: Lorie smith - The Real Truth

Dean Treanor and Georgetown's First Amendment rights

Dean Treanor is right to assert Georgetown's First Amendment right to "teach DEI" in the face of Trump Administration threats.

Reason · Mar 18, 2025

Expressive Discrimination: Universities' First Amendment Right to Affirmative Action — Part 1

Maybe some universities can continue to do race-based affirmative action, even after SFFA v. Harvard.

Reason · Feb 28, 2025

Further Thoughts on Standing and the 303 Creative v Elenis case

The Court's decision in this case is likely to make a mess of standing doctrine for a long time

Reason · Mar 29, 2024

Was There Standing in 303 Creative?

The Court had ample reason to find a "credible threat" of enforcement, consistent with existing case law.

Reason · Sep 6, 2023

From Prof. Richard Re: The Remarkable Discourse on 303 Creative

Is the legal left beginning to adopt a hawkish attitude toward standing?

Reason · Sep 5, 2023

SCOTUS' Ruling in Gay Wedding Website Case Was a Defeat for Compelled Speech

"The opportunity to think for ourselves and to express those thoughts freely is among our most cherished liberties," Justice Neil Gorsuch wrote in the majority opinion.

Reason · Sep 5, 2023

Woman in anti-LGBTQ+ supreme court case did make wedding site after all, report says

Lorie Smith had argued her right to free speech regarding her opposition to same-sex marriage was ‘chilled’ by Colorado’s law

The Guardian - US · Jul 25, 2023

More on Standing in the 303 Creative Case

A response to my critique of the Court's new standing jurisprudence.

Reason · Jul 18, 2023

Robin Abcarian: How the ripple effect of the Supreme Court's 303 Creative decision could swamp civil rights

Now that the legal door has been opened to anti-LGBTQ+ bigots or racists, there's just no telling how far the Supreme Court's license to discriminate will go.

Los Angeles Times · Jul 14, 2023

Case or Controversy Requirement? What Case or Controversy Requirement?

The Supreme Court's misguided decision to grant Lorie Smith standing to pursue her entirely hypothetical claim against the State of Colorado in the web designer case.

Reason · Jul 8, 2023