Brooklyn Law Review


Joel M. Gora


In its first ten years, the Roberts Court proved to be the most speech protective Court in a generation, if not in our history; however, in the intervening five years, the Court has faced intense pressures, ranging from heightened criticism of its First Amendment jurisprudence to seismic changes in the makeup of the Court to very real proposals for court “packing.” Despite these powerful forces, the Roberts Court has surprisingly stayed true to its commitment to—and guardianship of—the First Amendment. Nevertheless, in the face of modern political correctness and cancel culture, free speech has rarely been in a more precarious position. In looking back at these last five years of the Roberts Court’s First Amendment jurisprudence and in assessing the modern threats to free speech, this article argues that what we need to establish, or perhaps re-establish, is a “culture of free speech,” where discussion and debate is encouraged, and diversity of thought valued.