Red Scares, Past and Present Red Scares, Past and Present
What are the parallels between the rise of McCarthyism in the 1950s and today?
Aug 12, 2025 / Books & the Arts / David Cole
A Free Speech Shakedown—Trump’s Approach to American Civil Society A Free Speech Shakedown—Trump’s Approach to American Civil Society
Ending his extortion racket will demand not only courageous institutions—it will take the political opposition of us all.
Aug 11, 2025 / David Cole
McCarthyism 2.0: Reflections on Testifying in the House Antisemitism Hearings McCarthyism 2.0: Reflections on Testifying in the House Antisemitism Hearings
I soon realized that neither the law nor the facts matter to the Committee on Education’s Republican inquisitors.
May 28, 2025 / David Cole
Arresting Criticism: When Complaining About a Public Official Can Land You in Jail Arresting Criticism: When Complaining About a Public Official Can Land You in Jail
Criminal defamation laws are relics of a bygone age.
May 1, 2023 / David Cole and Brian Hauss
The ACLU Never Stopped Defending Free Speech The ACLU Never Stopped Defending Free Speech
And, contrary to what you may have read, we’re not stopping now.
May 31, 2022 / David Cole
The Legacy of Radical Lawyer Michael Ratner The Legacy of Radical Lawyer Michael Ratner
His posthumous memoir, just released, is a powerful account of holding the powerful to account.
Jun 1, 2021 / David Cole
Republican Cancel Culture: State Laws to Suppress Activism Republican Cancel Culture: State Laws to Suppress Activism
Republicans in 33 states have introduced bills to make protesting a crime.
May 19, 2021 / David Cole
How John Paul Stevens Surprised Us How John Paul Stevens Surprised Us
Stevens was precisely the kind of justice that neither side wants appointed: a pragmatist, skeptical of rigid doctrinal tests.
Jul 23, 2019 / David Cole
The Long and Grim Road to ‘Plessy v. Ferguson’ The Long and Grim Road to ‘Plessy v. Ferguson’
Steven Luxenberg’s new book offers a vivid account of the events that led to the ruling.
Jul 2, 2019 / Books & the Arts / David Cole
Why the Decision Declaring Obamacare Unconstitutional Will Be Reversed Why the Decision Declaring Obamacare Unconstitutional Will Be Reversed
The only immediate effect of Judge Reed O’Connor’s fundamentally flawed ruling will be to underscore Republicans’ political weakness.
Dec 18, 2018 / David Cole