Justice Thomas on the First Amendment

An online symposium of articles about Justice Thomas and the First Amendment. Several of these articles are by prominent scholars:

Foreword: Justice Thomas and the First Amendment, by Erwin Chemerinsky. Essays in this online symposium lead to stark view of Justice Clarence Thomas as the most radical member of the Supreme Court.

Justice Thomas: constitutional ‘stare indecisis.' by Thomas C. Goldstein. Recent First Amendment decisions are a window into Thomas’ view that constitutional-law precedent has no value.

Flexibility and the First Amendment, by Eric F. Citron. In his concurrences, Justice Thomas shows a controversial tendency to replace balancing tests with more hard-and-fast rules.

Justice Thomas and sexual expression, by Geoffrey Stone. Thomas accords government considerable deference when it regulates obscenity, restricts conduct; but applies rigorous scrutiny to content-based limits on non-obscene sexual expression.

Justice Thomas and the electronic media, by Mary-Rose Papandrea. Tracing Thomas' application of traditional First Amendment doctrine to all forms of communication.

Justice Thomas: leading the way to campaign-finance deregulation, by Richard L. Hasen. Thomas' clear, if radical, vision is proving influential, drawing other justices toward his view that government cannot limit money spent on election ads, other forms of political speech.

Morse v. Frederick: history, policy and temptation, by William D. Araiza. In student-speech and other cases, Justice Thomas' approach reflects discomfort with the balancing and line-drawing that marks much of the Court’s recent free-speech jurisprudence.

Justice Thomas: a lone caution over speech codes, by Robert M. O'Neil. Suspicion of official reasons offered to bar certain words from being uttered marks justice's jurisprudence.

Justice Thomas and prisoners’ freedom of expression, by David L. Hudson Jr. Reasoning in several opinions renders First Amendment essentially a nullity for inmates challenging restrictions on expression.

Noting the emperor has no clothes: establishment-clause jurisprudence of Justice Thomas, by John C. Eastman. Believing legal opinion on establishment clause in 'hopeless disarray,' Thomas challenges view that clause applies to states.

Justice Thomas and the burning cross, by Scott D. Gerber. Thomas' jurisprudence has changed to the point where racial significance of cross-burning dictates his constitutional analysis.

Justice Thomas on compelled speech, by Stephen Bates. In this area, the justice believes that the First Amendment should be construed broadly; he would strike down programs that the Court would uphold.

Justice Thomas and commercial speech, by Bruce E.H. Johnson. A jurist's long intellectual journey to a staunch defense of advertising as protected expression.

Justice Thomas, speaking (or not) about the First Amendment, by Alyssa Work. Preferring to write out his views, Thomas has let his voice be heard from the bench in only seven First Amendment cases out of 94 in which he has taken part.

Justice Thomas’ First Amendment record, by Ronald K.L. Collins and Alyssa Work. Lists, tables showing Justice Clarence Thomas's record on First Amendment cases before the U.S. Supreme Court.

Justice Clarence Thomas: oral arguments in First Amendment cases, compiled by Alyssa Work. Transcripts of remarks by Justice Clarence Thomas in oral arguments involving First Amendment cases.

Justice Thomas & the First Amendment: voting record, by Alyssa Work. Justice Clarence Thomas' voting record on selected topics: sexual expression, commercial speech, compelled speech and campaign speech.

Justice Thomas on the First Amendment in confirmation hearings, compiled by Alyssa Work. Questions, responses concerning First Amendment issues during Justice Thomas’ confirmation hearings before the Senate Judiciary Committee, Sept. 10 – 16, 1991.

Justice Thomas bibliography.
Bibliography for online symposium on the First Amendment jurisprudence of Justice Clarence Thomas.