Freedom of expression is imperiled on today's college campuses. Citizens and educators alike are concerned about the number of shout-downs and disinvitations and their silencing effect on intellectual diversity. The use of speech codes, "safe spaces," new rules demanding "trigger warnings," and condemning…

In late 1987, U.S. Supreme Court Justice Byron R. White circulated a draft opinion to his colleagues in a case about whether high school journalists had the right to be free of interference from school administrators. His opinion in the case, "Hazelwood School District v. Kuhlmeier," sided with Missouri administrators who some four years…

The First Amendment's guarantee of an independent press that may freely collect and disseminate news is often considered the bedrock of American democracy. Yet more than a century and a half after the "New York Herald's" John Nugent became the first American reporter jailed for refusing to identify a confidential source, reporters…

Noting that the "marketplace of ideas" metaphor often used in the study of freedom of speech is drawn from classical economics, this paper cites J. Murray's definition of the concept as "the idea that citizens in a democracy are well served if opinions of all kinds, accurate or inaccurate, are freely circulated." The first…

Noting that the work of Jurgen Habermas has had an important influence on philosophy and the social sciences recently, this paper examines the implications of using Habermas's "ideal speech situation" as a criterion for deciding issues relating to the First Amendment. The paper first briefly reviews the distinctive features of critical…