Margaret Russell was interviewed by the First Amendment Coalition on “Understanding The Role Of The First Amendment In Civil Rights Movements”.

“The U.S. Supreme Court, under the Warren Court, had really defined First Amendment freedoms in a much more uniform way. The more you have state and local carve-outs, the more chance there is for a kind of anarchic, state-by-state hyper-prosecution of free speech. These [anti-protest bills being proposed today] include expanded, broad definitions for conduct that is deemed to be riotous, trespassing, obstruction of traffic, etc. The problem, under the First Amendment, is really that when you define crimes broadly and vaguely, that creates what’s called a chilling effect. People don’t really know what is being criminalized, so it tends to really tamp down on protest.”

The First Amendment Coalition is a nonprofit public interest organization dedicated to advancing free speech, more open and accountable government, and public participation in civic affairs.

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Margaret M. Russell

Associate Professor of Law