University of Chicago law school professor Geoffrey Stone details a history of fear unsettling free speech rights in a piece for The Huffington Post. While a few law professors have recently argued that some restrictions on the First Amendment are needed in the face of terrorist threats, Stone writes:
Given our grim history in periods of perceived or real crisis, and given how long it has taken us to attain the wisdom and insight we have gained through painful national experience, this is definitely not the time to turn back the clock and to revert to long discredited doctrines that served us so poorly in the past.
These days, trial lawyers comb through electronic databases reviewing emails that have not been filtered through drafting and editing. It is an age where we say what is on our mind, press a button and transmit information with typos, wit, and sometimes wisdom, but always with stream of consciousness.
Will the Roberts Court, which has built a jurisprudence track record of advancing corporate America’s interests, further restrict legal means to challenge corporate malfeasance? Public Justice’s Chairman Arthur Bryant in a piece for The National Law Journal writes that recent oral argument in three cases suggest that “for three reasons, the court may be unlikely to issue the far-reaching decisions the corporations are seeking – and class action practitioners fear.”