Ray Brescia

Demonstrators protest the suspension of the “Jimmy Kimmel Live!” show on Sept. 18, 2025, in Los Angeles, Calif. Photo by Mario Tama/Getty Images

September 24, 2025

How the First Amendment protects Americans’ speech − and how it does not

Ray Brescia, Albany Law School

Free speech is not absolute, nor does the Constitution protect only speech Americans like.

James Boasberg, chief judge of the U.S. District Court for the District of Columbia, attends a panel discussion in Washington, D.C., on April 2, 2025. Drew Angerer/AFP via Getty Images

August 27, 2025

When federal courts fail to punish lawyers for potential misconduct, states can step in

Ray Brescia, Albany Law School

A federal court stopped contempt proceedings against Trump administration lawyers, but they may still have to respond to charges in states where they are licensed to practice law.

A core principle of the U.S. justice system is that the government must act in accordance with the rule of law. arsenisspyros, iStock Getty Images

July 28, 2025

Due process: What it means in US law and its implications for migrant rights

Ray Brescia, Albany Law School

The meaning and application of due process has become a crucial issue in the US, most often with respect to the Trump administration’s migrant deportation efforts.

The Trump administration has tried to punish or suppress speech and opposition to administration policies. Baac3nes/Getty Images

June 24, 2025

The sleeper Supreme Court decision that could have profound impacts on the Trump administration agenda – and restore faith in the high court

Ray Brescia, Albany Law School

A unanimous case decided by the US Supreme Court in 2024 could protect the First Amendment rights to free expression of many of the organizations targeted by the Trump administration.

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