Knowles-Gardner tells story of NAACP v. Alabama, landmark civil rights case on freedom of association

Dr. Helen Knowles-Gardner spoke at UMass Law School Wednesday on "When Alabama Tried to Destroy the NAACP (and Freedom of Association)."

In recognition of Black History Month, Dr. Knowles-Gardner, research director at the Institute for Free Speech (IFS), talked about a crucial moment in the nation’s civil rights history. In 1956, Alabama waged war on the NAACP by demanding that the organization turn over its membership lists to the state. The NAACP was unable to operate in Alabama for eight years. Litigation produced the landmark First Amendment freedom of association decision, still relevant today, NAACP v. Alabama (U.S. 1958).

Dr. Knowles-Gardner explained how the civil rights precedent in NAACP has contemporary relevance in cases such as First Choice Women’s Resource Centers, Inc. v. Platkin (SCOTUSblog), in which the U.S. Supreme Court heard oral argument in December. The case centers on a New Jersey subpoena for donor names and staff information from a chain of anti-abortion pregnancy centers. The centers argue the state investigation violates the First Amendment freedom of association. The Court seemed skeptical of the state's asserted need for the information. IFS filed an amicus brief, informed by Knowles-Gardner's research, on the side of the centers. The political shoe might be on the other foot in the case, but the freedom-of-association issue is strikingly familiar.

RJ Peltz-Steele CC BY-NC-SA 4.0

Dr. Knowles-Gardner joined the Institute for Free Speech as research director in 2023 after working for almost 20 years as a political science professor. She has written extensively about American law and politics, including editing or author credits on Judging Free Speech: First Amendment Jurisprudence of U.S. Supreme Court Justices (2015), Free Speech Theory: Understanding the Controversies (2020), and The Tie Goes to Freedom: Justice Anthony M. Kennedy On Liberty (upd. ed. 2018) (C-SPAN, 2009), and research articles in political science and law.

In 2024, Dr. Knowles-Gardner published the first in a series of articles related to this talk and her current research, The First Amendment to the Constitution, Associational Freedom, and the Future of the Country: Alabama’s Direct Attack on the Existence of the NAACP, in the Seattle University Law Review. In 2025, she published Without a Little Help from Your Friends: The Supreme Court's Rejection of the American Jewish Congress Amicus Brief in NAACP v. Alabama ex rel. Patterson (1958) in the Journal of Supreme Court History, for which Dr. Knowles-Gardner serves as managing editor.

Dr. Knowles-Gardner's third co-authored book is Filming the First: Cinematic Portrayals of Freedom of the Press (2025). With this book, I am teaching a seminar at UMass Law this semester, Free Press and Film.

Dr. Knowles-Gardner earned her Ph.D. in Political Science from Boston University and a B.A. in American Studies with first class honors from Liverpool Hope University College (now Hope University) in Liverpool, England. An avid runner, Dr. Knowles-Gardner participates in races across the country, including the Marine Corps Marathon, running with the American flag for Team RWB, a national organization devoted to enhancing the lives of the nation’s veterans. She and her husband, a disabled U.S. Navy veteran, live in upstate New York.

The talk at UMass Law School was co-sponsored by the Black Law Students Association, the Law & Political Economy student organization, and the Office of the Dean.

Talk traces 'nuisance' from King Henry I to COVID-19

Yesterday I had the privilege to present in a lecture series (virtually) at Jagiellonian University (UJ) on the tort of nuisance in American common law.  I sketched out the historical background of nuisance relative to the recent lawsuit by the State of Missouri, against the People's Republic of China, alleging public nuisance, among other theories, and seeking to establish responsibility and liability for the coronavirus pandemic.  Here is a video (CC BY-NC-SA 4.0) of the presentation, also available from Facebook, where the lecture streamed live.  A narrative abstract is below the video.

The Tort of 'Nuisance' in American Common Law:

From Hedge Trimming to Coronavirus in 900 Years

Nuisance is one of the oldest civil actions in Anglo-American law, dating to the earliest written common law of the late middle ages.  Nuisance for centuries referred to an offense against property rights, like trespass, interfering with a neighbor’s enjoyment of land.  But a nuisance need not be physical, and colorful cases have addressed nuisance achieved by forces such as sound, light, and smell.  In recent decades, nuisance has undergone a radical transformation and generated a new theory of civil liability that has become untethered from private property.  State and local officials have litigated a broad new theory of “public nuisance” to attack problems on which the federal government has been apathetic, if not willfully resistant to resolution, such as climate change and the opioid epidemic.  Just last month, the State of Missouri sued the People’s Republic of China, asserting that COVID-19 constitutes a public nuisance.  Emerging from understandable frustration, public nuisance nevertheless threatens to destabilize the fragile equilibrium of state and federal power that holds the United States together.

Here are some links to read more, as referenced in the presentation:

• Oral argument in Oakland v. BP (9th Cir. argued Feb. 5, 2020)
• Complaint in Missouri v. PRC (E.D. Mo. filed Apr. 21, 2020) (item 1)
• The English Game (Netflix 2020)

Here is a two-minute video (CC BY-NC-ND 4.0) of only my PowerPoint (no audio), if you want an idea about the course of the talk:

The four-part lecture series, "American Law in Difficult Times," comprises:

Paul Kurth: The American Low-Income Taxpayer: Legal Framework and Roles Law Students Play
May 12, 18:00
Event - Video

May 19, 18:00
Richard Peltz-Steele: “Nuisance” in American Common Law Tort: COVID-19 as a Public Nuisance?
Event - Video

May 26, 18:00
Susanna Fischer: Art Museums in Financial Crisis: Legal and Ethical Issues Related to Deaccessioning
Event - Video

June 2, 18:00
Cecily Baskir: American Criminal Justice Reform in the Time of COVID-19
Event - Video

Here is the lecture series invitation (Polish) from the American Law Students' Society (ALSS) at UJ, via Facebook:

Here is an "about" from ALSS and partners:

❖ ABOUT AMERICAN LAW IN DIFFICULT TIMES:

The American Law Program (Szkoła Prawa Amerykańskiego) run by the Columbus School of Law, The Catholic University of American [CUA], Washington D.C., and the Faculty of Law and Administration, Jagiellonian University, Kraków, as well as the American Law Students’ Society (Koło Naukowe Prawa Amerykańskiego) at the Jagiellonian University, Kraków, sincerely invite you to participate in a series of four one-hour online open lectures and discussion sessions delivered by professors from the American Law Program.

The lectures will be devoted to a variety of legal issues mainly relating to COVID-19 difficulties facing people and institutions, for which legal solutions may be useful.

The lectures will be available through Microsoft Teams as well as a live-stream via Facebook. Participants willing to participate through Microsoft Teams are kindly asked to provide the organizers with their e-mails no later than 6 hours before the commencement of the lecture, by e-mail to kn.prawaamerykanskiego@gmail.com.

Your participation in all four lectures will be certified by the American Law Students’ Society. Only those participants who provide the organisers with their name, surname and e-mail will be granted such certificates.

I am grateful to Jagoda Szpak and Agnieszka Zając of ALSS at UJ; Wojciech Bańczyk, Piotr Szwedo, Julianna Karaszkiewicz-Kobierzyńska, and Gaspar Kot at UJ; and Leah Wortham at CUA.  The lecture series is sponsored by, and I am further grateful to, the Koło Naukowe Prawa Amerykańskiego (ALSS), Szkoła Prawa Amerykańskiego (School of American Law), and the Ośrodek Koordynacyjny Szkół Praw Obcych (Coordination Center for Foreign Law Schools) at the Uniwersytet Jagielloński w Krakowie (UJ in Kraków), and to CUA.

It'd Be a Lot Cooler If You Did.Or, Marlan on Psychedelics and Decriminalization

Mary Jane's in Eugene, Oregon, 2017, since closed.  (Rick Obst CC BY 2.0.)

My colleague Dustin Marlan has published Beyond Cannabis: Psychedelic Decriminalization and Social Justice in 23:3 Lewis and Clark Law Review.  Prof. Marlan is a compelling voice in intellectual property scholarship, lately especially, trademark and the right of publicity.  Here he turns his attention to a libertarian priority.  The abstract:

Psychedelics are powerful psychoactive substances which alter consciousness and brain function. Like cannabis, psychedelics have long been considered prohibited Schedule I substances under the Controlled Substances Act of 1970. However, via the powerful psychological experiences they induce, psychedelics are now being shown to be viable therapeutic alternatives in treating depression, substance use disorders, and other mental illnesses, and even to enhance the well-being of healthy individuals. In May 2019, Denver, Colorado became the first city in the country to decriminalize psilocybin (the active compound in “magic mushrooms”) — a potential major shift in the War on Drugs. Ballot initiatives for the decriminalization of psilocybin and similar substances are now reaching voters in other cities and states. What principles might justify this decriminalization — eliminating criminal penalties for, at a minimum, the use and possession — of psilocybin and other psychedelics? This Article provides background on psychedelics and a historic overview of the laws surrounding them. It then considers several potential justifications for decriminalizing psychedelics: (1) medical value; (2) religious freedom; (3) cognitive liberty; and (4) identity politics. Lastly, the Article proposes a reframed justification rooted in principles of social justice.

The article is available on SSRN and from the Lewis & Clark Law Review.  You know, in Oregon.

Dazed and Confused (1993)