The Supreme Court has yet to rule on three cases that could reshape First Amendment law. United States v. Hansen concerns whether the law against encouraging immigration chills speech; Counterman v. Colorado concerns whether someone can be convicted of making true threats without proof that they subjectively intended to threaten the listener; 303 Creative LLC v. Elenis deals with whether a public-accommodation law can regulated an artist’s expression. Next term the court will hear the

Law professor Heidi Kitrosser, Lawfare, June 13, 2023, writes that a provision of the Espionage Act was used by the Trump administration to charge five individuals for leaking information to the press. This is the same provision used to indict Trump, but several of those indicted by the Trump administration sought to release important information to the public or report abuses in government. “There is no magic formula,” writes Kitrosser, “that will strike a perfect