Stephen Wermiel is a professor of practice in constitutional law and part of the Program on Law and Government at American University Washington College of Law. He is a member of the Board of Governors of the American Bar Association and also sits on its House of Delegates. He is past chair of the bar association’s Section of Civil Rights and Social Justice (formerly Individual Rights and Responsibilities) and author of a monthly column on SCOTUSblog aimed at explaining the Supreme Court to law students. He is co-author of “Justice Brennan: Liberal Champion,” a biography of the late Supreme Court Justice William J. Brennan Jr. He is also co-author of “The Progency: Justice William J. Brennan’s Fight to Preserve the Legacy of New York Times v. Sullivan.”

More Articles from this Author


Actual Malice

Actual malice is the legal standard the Supreme Court uses to protect the media in libel cases in determining when public officials or figures may win damages in lawsuits.

Beussink v. Woodland School District (E.D. Mo.) (1998)

Beussink v. Woodland School District (1998) used the First Amendment to protect the rights of a student who maintained a website that was critical of his school.

Gannett Co. v. DePasquale (1979)

In Gannett Co. v. DePasquale, the Supreme Court ruled that trials closed to the press and public were a violation of neither the First nor Sixth Amendment.

John Roberts Jr.

Chief Justice John G. Roberts Jr. has had an indelible impact on the First Amendment in his time on the Court. He has proven to be sensitive to First Amendment concerns.

Keyishian v. Board of Regents (1967)

In Keyishian v. Board of Regents (1967) was an important decision by the Supreme Court for the concept of academic freedom as a constitutionally protected value.

New York Times Co. v. Sullivan (1964)

New York Times Co. v. Sullivan (1964) required public officials to show prove actual malice in libel cases, enhancing First Amendment protection of government critiques.

Richmond Newspapers, Inc. v. Virginia (1980)

In Richmond Newspapers, Inc. v. Virginia (1980), the Supreme Court ruled that the First Amendment generally prohibits closing criminal trial proceedings to the public.

Speiser v. Randall (1958)

In Speiser v. Randall (1958), the Supreme Court ruled that the state cannot condition the receipt of a tax exemption on a loyalty oath to not overthrow the government.

Stone v. Graham (1980)

Stone v. Graham (1980) said a law requiring the posting of the Ten Commandments in every school classroom violated the establishment clause of the First Amendment.