First Amendment and the Executive Power in the U.S. Part III

Join Professor Grossi's virtual Master Class (Part III):

This class turns to the constitutional and democratic consequences of executive control over speech and evaluates the adequacy of existing First Amendment doctrines to address this phenomenon. The discussion situates executive speech regulation within broader separation-of-powers concerns, emphasizing how the erosion of legislative primacy and judicial reluctance to police executive motive have left significant expressive harms largely unaddressed. Students critically assess the limits of retaliation doctrine, the expansive reach of the government speech doctrine, and the procedural barriers posed by standing, ripeness, and remedial constraints. The class concludes by engaging the article’s normative claims, inviting students to consider how First Amendment theory might be recalibrated to account for administrative governance and executive dominance over public discourse. The session encourages reflection on possible doctrinal reforms and institutional safeguards, while also probing the deeper question of whether democratic accountability alone can adequately protect expressive freedom in an era of concentrated executive power.