Jason Mazzone 4 - College of Law

Mazzone discusses campus speech on WGN Radio

In an extensive interview on the WGN Radio program “Let’s Get Legal,” Professor Jason Mazzone answered a number of questions about free speech on campus and how universities can regulate conduct on their grounds. In the wake of protests at colleges and universities across the country, he addressed the legal issues that protect speech and protect the ability to say when and where that speech is protected. “Universities are not just…a place where anyone can show up and speak,” he told host Jon Hansen.

Listen to the full interview from WGN Radio.

Amar and Mazzone explore free speech in high schools in new series

University of Illinois Laboratory High School.

After a North Carolina high school student was suspended for using the term “illegal alien” in an assignment, Professors Vikram Amar and Jason Mazzone look closely at the First Amendment issues arising from the situation. In a two-part series on Justia Verdict, the authors break down the case as if it were being presented before a class of law students, examining what the law says and what precedent exists. Their analysis winds through “how complicated, murky (and unresolved) much of the doctrinal landscape in this realm is,” and how cases like this pose important questions about free speech.

Read part 1 and part 2 on Justia Verdict.

Mazzone pens op-ed on Trump for the News-Gazette

Former President Donald Trump’s bid for a second term is generating a lot of constitutional questions, which is keeping Professor Jason Mazzone busy. Writing at the News-Gazette, Mazzone explores the question of whether a state has the power to exclude a candidate from the ballot because of the insurrection act. He examines what the U.S. Supreme Court ruled in Trump v. Anderson and where his understanding of the Constitution differs from the justices.

Read his full opinion piece on the News-Gazette website.

Mazzone quoted in multiple outlets on Trump’s ballot case in Illinois

Cook County Judge Tracie Porter’s decision to remove Former President Donald Trump from the 2024 ballot made Illinois one of three states barring him from the ballot. Similar to cases in other states, Trump’s lawyers argued that the insurrection clause doesn’t apply to the president, and the Trump campaign criticized Porter’s decision. Professor Jason Mazzone, a constitutional theory expert, shared his expertise on the topic with Courthouse News and Crain’s Chicago Business, noting prior to their decision that the U.S. Supreme Court might overturn such rulings.

Read the Courthouse News article and the Crain’s Chicago Business article online.

Amar, Mazzone, and Shapiro author article on Disney’s speech-retaliation case

In early 2024, a federal district court judge dismissed a lawsuit filed by the Disney Corporation against Florida officials for alleged retaliation against Disney’s opposition to certain Florida laws and policies by altering the board that regulates the land where Disney World is located. Professors Vikram Amar, Jason Mazzone, and Lena Shapiro collaborated in an article for Justia Verdict examining the complex constitutional issues raised by this decision. “If government is trying to retaliate against you because of your past speech, doesn’t that violate your First Amendment rights regardless of whether the retaliation takes the form of speech regulation itself?” the professors wrote.

Mazzone organizes conference at Harvard Law School on SCOTUS history and tradition

On February 17–18, 2024, the College of Law’s Program in Constitutional Theory, History and Law co-sponsored a conference at Harvard Law School on the Supreme Court’s uses of “history and tradition” in determining the existence and scope of constitutional rights. The conference, organized by Program Director Professor Jason Mazzone and Richmond Law Professor Kurt Lash, brought together leading constitutional scholars to present papers that will soon be published in the Harvard Journal of Law and Public Policy. Judge Kevin C. Newsom of the U.S. Court of Appeals for the Eleventh Circuit was the keynote speaker, and in his remarks he offered a vigorous criticism of invocations of tradition in interpreting the Constitution. The New York Times has reported on the conference and on the challenges that Judge Newsom’s keynote raised.

Amar and Mazzone publish new article on ballot counting lawsuit in Mississippi

A recent lawsuit filed by the Republican National Committee and other plaintiffs challenges Mississippi’s practice of counting mail-in ballots received within five business days after “Election Day.” This practice, similar to elections in other states, could face major disruption if the lawsuit succeeds, affecting the upcoming congressional and presidential elections. Writing at Justia Verdict, Professors Vikram Amar and Jason Mazzone argue the lawsuit’s chances of success seem low, as it hinges on a weak theory of illegality, and the distinction between voting and counting ballots after Election Day presents complexities that undermine the plaintiffs’ claims.

Read the full article online.

End of eviction moratoria did not increase renter anxiety, new report from Mazzone and Wilson finds

Main Library at the University of Illinois in early fall.

When the COVID-19 pandemic disrupted life in unprecedented ways, one of the most consequential was the suspension of eviction hearings and moratorium on evictions imposed by the CARES Act. When evictions proceeded again, many predicted a housing crisis would follow, but this was not borne out in Census Bureau survey data from 2020 through 2023, Likewise, anxiety about eviction among renters never reached levels feared and has fallen as the moratoria recede into history. Professors Jason Mazzone and Robin Fretwell Wilson explore these findings in a new Policy Spotlight.

Read the full PDF on the Institute of Government and Public Affairs website.

Mazzone writes op-ed on upcoming SCOTUS term

The First and Second Amendments, federal government powers, the prosecution of former President Donald Trump, and ethics are among the topics Professor Jason Mazzone is anticipating will dominate the upcoming Supreme Court term. Writing at the News-Gazette, Mazzone highlights the cases and issues that could prove monumental. In his opinion piece, he goes through high- and lower-profile cases that “might sound nerdy” but “could significantly impact the lives of many Americans.”

Read the full editorial on the News-Gazette website.

Mazzone co-organizes international conference on the topic of landmark judgments in constitutional cases

On September 14-15, 2023, the Program in Constitutional Theory, History and Law was the co-sponsor of an international conference in Bologna, Italy, on the topic of landmark judgments in constitutional cases. The conference, organized by program director Jason Mazzone in collaboration with Professors Francesco Biagi (University of Bologna) and Justin Frosini (Bocconi University), brought together scholars from around the world to examine the designation, significance, and trajectory of landmark cases in different nations. Mirosław Granat, former Justice of the Constitutional Court of Poland, gave the conference keynote address. Papers from the conference will be published next year as a book. The conference was the fifth meeting of the Illinois-Bologna series in Constitutional History: Comparative Perspectives.