Judges and Justices

Supreme Court Justice Abe Fortas wrote several influential First Amendment
opinions, including Tinker v. Des Moines Independent Community School
District (1969).

Alex Kozinski, a former judge on the 9th U.S. Circuit Court of Appeals, is
well-known for his First Amendment writings in the areas of commercial
speech and publicity.

Amy Coney Barrett was appointed to the U.S. Supreme Court in October 2020
to fill a vacancy after Justice Ruth Bader Ginsberg died. Still new to the
court, it will take more cases to fully examine her record on First
Amendment law.

Anthony Kennedy has frequently been the swing vote in First Amendment
cases. He has tended to side with protections for free speech and
accommodation on religious matters.

Supreme Court Justice Antonin Scalia viewed First Amendment protections in
a narrow fashion. He was a staunch conservative and viewed the Constitution
as an originalist.

Supreme Court Justice Arthur Goldberg was a consistent vote for the
protection of First Amendment freedoms, including in the landmark case New
York Times Co. v. Sullivan.

Supreme Court Justice Benjamin Cardozo authored many opinions that
supported freedom of the press and free speech, which he viewed as the
foundation of liberty.

Supreme Court Justice Benjamin Cardozo authored many opinions that
supported freedom of the press and free speech, which he viewed as the
foundation of liberty.

Supreme Court Justice Brett Kavanaugh, confirmed in 2018, authored many
First Amendment decisions while on the U.S. Court of Appeals for the D.C.
Circuit. Among the issues in his opinions are protest rights, defamation,
campaign finance and freedom of speech and press.

Byron Raymond White was a Supreme Court justice whose First Amendment
opinions tended to give less importance to press freedom and student speech
concerns.

Charles Hughes was a Supreme Court justice twice. He supported relatively
broad First Amendment protections while and helped preserve judicial
independence.

Justice Clarence Thomas has surprised observers with his independent vision
on First Amendment issues, including questioning interpretations of the
establishment clause.

Damon Keith was a long-serving judge on the Sixth U.S. Circuit Court of
Appeals and an important figure in protecting civil rights. He authored
many First Amendment decisions, including involving symbolic speech and the
rights of a religious speaker.

Supreme Court Justice David Souter often showed sensitivity to First
Amendment values. He was a consistent voice for the protection of
free-expression principles.

Chief Justice Earl Warren’s Court was known for rulings backing civil
rights and a number of First Amendment milestones, including New York Times
Co. v. Sullivan.

Supreme Court Justice Elena Kagan, known for her deep knowledge of First
Amendment issues, has written opinions in many Supreme Court First
Amendment cases.

While Justice Felix Frankfurter championed civil rights, he frequently
voted to limit civil liberties and was not one of the great defenders of
the First Amendment.

Supreme Court Justice Francis W. Murphy wrote eloquently about First
Amendment freedoms, repeatedly voicing his belief that religious freedom
deserved great protection.

Supreme Court Chief Justice Frederick Vinson tended to favor national
security over First Amendment freedom of speech, and was a moderate on race
relations.

Harlan Fiske Stone served as an associate justice and chief justice on the
Supreme Court, where he showed sensitivity to civil liberties and First
Amendment values.

Harry Andrew Blackmun was an associate justice on the U.S. Supreme Court,
best known for writing the majority opinion in Roe v. Wade that overturned
most state abortion laws.

Supreme Court Justice Hugo Lafayette Black is considered to be one of the
most influential justices of his time. On First Amendment issues, Black was
considered an absolutist.

James Skelly Wright was a highly respected federal judge who was perhaps
best known for his impact on civil rights and desegregation, specifically
in New Orleans.

Under John Marshall’s leadership, the Court expanded the role of the
national government and limited the reach of the First Amendment to actions
of the national government.

Supreme Court Justice John Marshall Harlan I transformed himself over time
from being an advocate of slavery to becoming a strong defender of First
Amendment rights.

Supreme Court Justice John Marshall Harlan II was an architect of First
Amendment jurisprudence in obscenity law, freedom of association,
expressive conduct, and offensive speech.

Supreme Court Justice John Paul Stevens contributed mightily to First
Amendment jurisprudence and seemingly became more speech-protective in his
later years on the Court.

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.

Justice Joseph Story was arguably the greatest scholar ever to serve on the
Supreme Court. His Court opinions and his writings reveal his perspective
on First Amendment issues.

Ketanji Brown Jackson was appointed to the Supreme Court by President Joe Biden on June 30, 2022. She replaced Justice Stephen Breyer who had retired.   Biden would likely have appointed her earlier had not Republicans rushed through the nomination of Amy Coney Barrett in the waning days of the Trump Administration, even though they

Billings Learned Hand served as a federal district and appellate judge and
had enormous influence on the law understanding in the United States,
specifically the First Amendment.

Supreme Court Justice Lewis F. Powell Jr. was conservative on matters of
crime and law enforcement but liberal on First Amendment matters concerning
separation of church and state.

Supreme Court Justice Louis Brandeis defended the First Amendment and
expressed that the best way to combat harmful speech is “more speech, not
forced silence.”

Michael W. McConnell is a scholar on issues relating to First Amendment
religion issues. He has argued against extreme views of separation of
church and state.

While his record on the Supreme Court has yet to be determined, Justice
Neil Gorsuch showed sensitivity toward First Amendment issues while on the
court of appeals.

Justice Oliver Wendell Holmes was a civil libertarian who protected the
First Amendment from encroachments, particularly during and after World War
I.

Supreme Court Justice Owen J. Roberts was known for protecting First
Amendment freedoms and wrote several landmark decisions regarding protected
free expression.

Supreme Court Justice Potter Stewart had a mixed record in First Amendment
cases but was often supportive of individual liberty in cases involving
speech and religion.

Robert Jackson, a Supreme Court justice from 1941 to 1954, believed
strongly in separation of church and state and free speech protections
First Amendment.

As an attorney, Robert Sack, now a judge on the 2nd Circuit Court of
Appeals, defended the press in libel and other cases relating to First
Amendment freedoms.

Roy Moore was a controversial chief justice of the Alabama Supreme Court
who gained notoriety for his conservative stances about the First Amendment
issue of religious liberty.

The second woman to serve on the Supreme Court, Ruth Bader Ginsburg has
interpreted the First Amendment to provide for a high degree of separation
of church and state.

Supreme Court Justice Samuel Alito has shown some sensitivity to religious
liberty in First Amendment cases but his record on free speech cases has
been troubling.

Sandra Day O’Connor, the first woman to be appointed to the Supreme Court,
was often a key swing vote known for her opinions in the area of religious
liberty.

Since her appointment to the Supreme Court in 2009, Justice Sonia Sotomayor
generally has been a consistent defender of First Amendment values on the
bench.

Stanley F. Reed was a Supreme Court justice from 1938-1957. He wrote
several First Amendment opinions, in which he often sided with the
government in restricting speech.

Supreme Court Justice Stephen Breyer generally decides First Amendment
cases pragmatically rather than on the basis of rigid ideology, making his
votes more difficult to predict.

Justice Thurgood Marshall was the first African-American to serve on the
Supreme Court. He consistently championed First Amendment and other
individual rights.

Supreme Court Justice Tom C. Clark is probably best known in First
Amendment jurisprudence for his measured opinion in Abington School
District v. Schempp (1963).

Chief Justice Warren Burger introduced the Lemon test for determining
whether government actions violated the establishment clause of the First
Amendment.

Supreme Court Justice William Brennan Jr. was an outspoken defender of the
First Amendment freedoms of speech and the press against threats of
government restriction.

Justice William O. Douglas was one of the Court’s most controversial
members as well as one of its most passionate defenders of individual
freedoms and First Amendment rights.

Supreme Court Associate and Chief Justice William Rehnquist was not known
as a defender of First Amendment rights, but he protective of some aspects
of the amendment.