Free Speech in the Balance: Analyzing the First Amendment Records of President Trump’s Potential Supreme Court Nominees

September 22, 2020   •  By IFS Staff   •    •  

President Donald Trump indicated he soon plans to nominate a justice to the U.S. Supreme Court, likely on Saturday, to fill the vacancy created by the death of Justice Ruth Bader Ginsburg.

The Institute for Free Speech plans to publish a series of analyses on the records of those who appear most likely to become the nominee. There are currently more than 40 individuals on lists that President Trump said he would use in nominating a justice to the U.S. Supreme Court. During his 2016 campaign, Trump vowed that “This list is definitive, and I will choose only from it in picking future Justices of the Supreme Court.” He has since published updates to that list, including one earlier this month. Trump has stated that he will nominate a woman to fill Justice Ginsburg’s seat.

We intend to research and publish information about each possible nominee’s views on the four First Amendment speech rights – speech, press, assembly, and petition. We hope this information will prove to be a useful resource on each potential nominee’s record on core First Amendment political speech issues.

Given the rapid timetable for President Trump’s forthcoming nomination, we plan to publish any new information on our blog as we discover it.

To find cases, we searched opinions written or joined by potential nominees that included the phrase “First Amendment.” We then reviewed each opinion to determine its importance, if any, to core First Amendment political speech rights.

We will link to all our analyses on the First Amendment records of the potential nominees below. This page will be updated regularly.

IFS Staff

IFS Staff

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