Is Free Speech for Everyone in America?
By Junaid Afeef
Diversity Leadership Council,
June 2025
It sounds like a rhetorical question; of course, it is. Right? For decades, flag burning, hate group marches, vile protests at servicemembers’ funerals, and more were deemed protected under the First Amendment. The idea was to ensure all political speech remains uncensored; to do so, we must tolerate polarizing, offensive, or even hateful speech. Although noncitizens enjoy First Amendment protections, the government's plenary authority over immigration allows it to penalize them in ways that effectively chills free speech.
No More Backsliding: It Is Time to Push Forward
By Junaid Afeef
Diversity Leadership Council,
June 2025
The article explores why the U.S. legal profession remains predominantly white and male despite long-standing diversity efforts. It argues that historical exclusion and structural barriers—not lack of merit—explain the imbalance. It refutes claims that DEI undermines merit, showing that diversity can improve fairness and performance. The Illinois State Bar Association’s past work is highlighted as a basis for renewed commitment in the face of current backlash.
Is Free Speech for Everyone in America?
By Junaid Afeef
International and Immigration Law,
May 2025
It sounds like a rhetorical question; of course, it is. Right? For decades, flag burning, hate group marches, vile protests at servicemembers’ funerals, and more were deemed protected under the First Amendment. The idea was to ensure all political speech remains uncensored; to do so, we must tolerate polarizing, offensive, or even hateful speech. Although noncitizens enjoy First Amendment protections, the government's plenary authority over immigration allows it to penalize them in ways that effectively chills free speech.
Is Free Speech for Everyone in America?
By Junaid Afeef
Human and Civil Rights,
April 2025
It sounds like a rhetorical question; of course, it is. Right? For decades, flag burning, hate group marches, vile protests at servicemembers’ funerals, and more were deemed protected under the First Amendment. The idea was to ensure all political speech remains uncensored; to do so, we must tolerate polarizing, offensive, or even hateful speech. Although noncitizens enjoy First Amendment protections, the government's plenary authority over immigration allows it to penalize them in ways that effectively chills free speech.
What a Difference a Word Can Make: Understanding the Rule of Law
By Junaid Afeef
Human and Civil Rights,
April 2025
The rule of law ensures that legal frameworks are applied equally, uphold fundamental rights, and constrain government power. It “describes a political ideal in which the executive arm of the state exercises coercive power against individuals only when this is authorized by settled principles of law.” In contrast, rule by law describes a system where laws exist primarily as tools of the state to exert control, often benefiting the ruling elite rather than protecting citizens. Rule by law allows for arbitrary governance, where the law is selectively applied to maintain power rather than to ensure justice.
Spot an error in your article? Contact Celeste Niemann at cniemann@isba.org. For information on obtaining a copy of an article, visit the ISBA Newsletters page.
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