Eric T. Kasper

Why did the city turn off social media comments? Does that violate the First Amendment? Hirsch made the decision to disable commenting on all social media accounts run by the city. She says comments have become increasingly abusive and harassing towards city staff, residents, police

I was recently interviewed for this local news story about First Amendment requirements for government-run social media pages.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

“Though all the winds of doctrine were let loose to play upon the earth, so Truth be in the field, we do injuriously, by licensing and prohibiting, to misdoubt her strength. Let her and Falsehood grapple; who ever knew Truth put to the worse in a free and open encounter?” Milton, Areopagitica (1644)

Ink blog: The Supreme Court & the Constitution in 2025 The U.S. Supreme Court’s 2024-2025 term concluded earlier this summer. The Court again decided major cases that interpreted the U.S. Constitution, with most of the more significant decisions being rel...

The link below is to my new guest essay, titled “The Supreme Court & the Constitution in 2025,” which was published in the Rice Lake Chronotype.

HAPPY INTERNATIONAL CHESS DAY 🥳🎉

Ink blog: Rights of the accused and the U.S. Constitution What the U.S. Constitution protects for persons accused of crime is an important topic that my colleagues and I teach in multiple constitutional law classes at UW-Eau Claire. Most of

The link below is to my new guest essay, titled “Rights of the Accused and the U.S. Constitution,” which was published in the Rice Lake Chronotype. www.apg-wi.com/rice_lake_ch...

Free Speech and Incitement in the Twenty-First Century

@joannesweeny.bsky.social & I have co-edited "Free Speech & Incitement in the 21st Century," with @sunypress.bsky.social. Contributors include D.Downs, @adamkunz.bsky.social, T.Shiell, S.Feldman, R.VanLandingham, S.Carthens, C.Wells, H.Schweber, R.Anderson, & D.Canon. Release date is May 1, 2025.

New book explores John Stuart Mill’s influence on U.S. free speech protections A new book analyzes how John Stuart Mill has influenced Supreme Court justices in the development of free speech law.

"The Supreme Court and the Philosopher: How John Stuart Mill Shaped U.S. Free Speech Protections" was released one year ago today. If you haven't picked up a copy of this book co-authored by Troy Kozma and me, below is a review that may pique your interest. firstamendment.mtsu.edu/post/new-boo...

Nice to see Eric T. Kasper at our booth at the Midwest Political Science Association in Chicago! Eric is holding a copy of his new book of Free Speech and Incitement in the Twenty-First Century, which he coedited with JoAnne Sweeny. #MPSA2025 #ReadUP

Last week the UW-Eau Claire Menard Center for Constitutional Studies hosted First Amendment attorney Floyd Abrams, someone who has represented clients in free expression cases before the U.S. Supreme Court since New York Times Co. v. United States (1971). (photo credit Maddie Kasper)

SCOTUS 2024 This book explains and contextualizes the landmark cases of the US Supreme Court in the term ending 2024 and analyzes ethics scandals

My new book chapter titled, “Lindke v. Freed & O’Connor-Radcliff v. Garnier: State Action & the First Amendment,” was published in SCOTUS 2024: Major Decisions and Developments of the U.S. Supreme Court. link.springer.com/book/10.1007...

"No person shall...be deprived of life, liberty, or property, without due process of law." U.S. Constitution, Amendment V.

"Academic freedom, though not a specifically enumerated constitutional right, long has been viewed as a special concern of the First Amendment." Regents v. Bakke, 438 U.S. 265, 312 (1978).

"That freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom." Keyishian v. Bd. of Regents, 385 U.S. 589, 603 (1967).

"Our Nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us and not merely to the teachers concerned." Keyishian v. Bd. of Regents, 385 U.S. 589, 603 (1967).

"[T]he First Amendment...prohibits any law ‘abridging the freedom of speech, or of the press.’ It must be taken as a command of the broadest scope that explicit language, read in the context of a liberty-loving society, will allow." Bridges v. California, 314 U.S. 252, 263 (1941).

The Menard Center for Constitutional Studies is screening "Floyd Abrams: Speaking Freely" on Wed, Mar 26 at 5:30pm in Hibbard 103 at UW-Eau Claire. The film's subject, 1st Amendment attorney Floyd Abrams, & the film's director, Academy Award winner Yael Melamede, will hold a post-film Q&A session!

Ink blog: The Constitution’s Appointments Clause In my Political Science 403: “U.S. Constitutional Principles – Powers of Government” class that I teach at UW-Eau Claire, one of the subjects we discuss is the appointment of federal

The link below is to my new guest essay, titled “The Constitution’s Appointments Clause,” which was published in the Rice Lake Chronotype. www.apg-wi.com/rice_lake_ch...

I learned a lot from International Master John Bartholomew during his chess simultaneous exhibition and Q&A session yesterday at the L.E. Phillips Public Library. Thank you to him and to the Eau Claire Chess Club for organizing the event!

"The only thing necessary for the triumph of evil is for good people to do nothing. So don’t be inactive."

-- Alexei Navalny (June 4, 1976 – February 16, 2024).

"It is emphatically the province and duty of the judicial department to say what the law is." Marbury v. Madison, 5 U.S. 137, 177 (1803).

"Since this Court has consistently exercised the power to construe and delineate claims arising under express powers, it must follow that the Court has authority to interpret claims with respect to powers alleged to derive from enumerated powers." United States v. Nixon, 418 U.S. 683, 704 (1974).

"Every citizen or subject of another country, while domiciled here, is within the allegiance and the protection, and consequently subject to the jurisdiction, of the United States. His allegiance to the United States is direct and immediate." United States v. Wong Kim Ark, 169 U.S. 649, 693 (1898).

"[A]n inferior officer under the Appointments Clause[ has] limited jurisdiction and tenure and lack[s] policymaking or significant administrative authority." Morrison v. Olson, 487 U.S. 654, 691 (1988).

"Principal officers are selected by the President with the advice and consent of the Senate. Inferior officers Congress may allow to be appointed by the President alone." Buckley v. Valeo, 424 U.S. 1, 132 (1976).

"In the First Amendment the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors." New York Times Co. v. United States, 403 U.S. 713, 717 (1971) (Black, J., concurring).

"[W]e consider this case against the background of a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open." New York Times Co. v. Sullivan, 376 U.S. 254, 270 (1964).

"If...the publisher has a constitutional right to publish, without previous restraint, an edition of his newspaper charging official derelictions, it cannot be denied that he may publish subsequent editions for the same purpose." Near v. State of Minnesota ex rel. Olson, 283 U.S. 697, 720 (1931).