Document Type
Review
Publication Date
2026
Abstract
Too often, our “free speech culture” gloms together private censorship and state-sponsored censorship. These things are not the same. Only one of them is prohibited by the First Amendment, and failing to differentiate between the two runs the risk of collapsing the distinction between censorship, on one hand, and on the other, private citizens exercising their own First Amendment rights (sometimes by choosing who to associate with or who to support).
Recommended Citation
Litman, Leah. "Throwing the Supreme Court/Free Speech a Bone." Review of Enforcing the First Amendment in an Era of Jawboning, JOTWELL (2026). (Reviewing Genevieve Lakier, Enforcing the First Amendment in an Era of Jawboning, __ Univ. Chi. L. Rev. __ (forthcoming, 2026))