Elections
-
-
Deep Dive
Don’t Assume the First Amendment Will Thwart Trump’s Pro-Censorious Agenda
With Trump in the Oval Office, the U.S. Supreme Court will find itself having to answer questions it has sidestepped for years.
By Jameel Jaffer -
-
-
Essays and Scholarship
Voter Data, Democratic Inequality, and the Risk of Political Violence
How data is used to marginalize the poor during elections—and what can be done about it
By Bertrall Ross & Douglas Spencer -
-
-
Essays and Scholarship
Democracy Harms and the First Amendment
How to regulate lies that cause constitutionally “cognizable” harms to the structural interests of constitutional democracy
By Deborah Pearlstein -
Deep Dive
Symposium Suggests Large-Scale Societal Changes Are Needed to Lessen Impact of Harmful Lies
By A. Adam GlennInstitute’s “Lies, Free Speech, and the Law” event featured research from a diverse range of scholars on how to address the problem of falsehoods
-
-
-
-
Event
Lies and Elections
How exceptional should we consider the electoral context when it comes to the regulation of lies?
-
Deep Dive
Drawing the Line Between False Election Speech and False Campaign Speech
Why Congress or states may constitutionally ban the former but not the latter
By Richard L. Hasen -
Deep Dive
We Must Fight Lies, Ignorance, and the Bigotry They Produce If We Are To Remain a Democracy
Defeating the use of disinformation means pressing our government for laws that protect democracy and promote the truth, while we practice the same in our public and private lives
By Janell Byrd-Chichester -
Deep Dive
Race, the Epistemic Crisis of Democracy, and the First Amendment
Countering the “Big Lie” requires a broader conversation that includes acknowledgement of coded racial voter suppression
By Atiba Ellis -
Deep Dive
Congress Must Act To Establish Sensible Rules on Electoral Speech
Confusion reigns around current laws and regulations in the runup to the 2022 midterm elections
By Matt Perault