On September 26, President Donald Trump nominated Judge Amy Coney Barrett of the Seventh Circuit Court of Appeals to fill the vacancy on the U.S. Supreme Court created by the passing of Justice Ruth Bader Ginsburg.

Prior to Judge Barrett’s nomination, we researched her views on the four First Amendment political rights – speech, press, assembly, and petition. To find relevant cases, we searched opinions written or joined by Judge Barrett that included the phrase “First Amendment.” We then reviewed each opinion to determine its importance, if any, to core First Amendment political speech rights. The Institute for Free Speech ultimately published two analyses of the First Amendment record of Judge Barrett during her time on the Seventh Circuit:

• • Three Seventh Circuit Cases Showcase Judge Amy Coney Barrett’s Willingness to Expand Free Speech Protections in Certain Contexts (September 23, 2020)
  • Recent Panel Ruling Involving Judge Barrett Rejects First Amendment Claim but No Firm Conclusions Can Be Drawn from the Opinion (September 29, 2020)

Following Judge Barrett’s confirmation hearing before the U.S. Senate Judiciary Committee, we reviewed the transcript to identify any exchanges with members of the Committee that revealed more about her views on the First Amendment’s protections for freedom of speech, press, assembly, and petition. Those exchanges are reproduced in the following review:

• • Highlights of First Amendment-Related Exchanges Between Judge Barrett and Senate Judiciary Committee Members (October 26, 2020)

Finally, prior to President Trump’s announcement of Judge Barrett as his Supreme Court nominee, we also analyzed the First Amendment record of another judge reportedly on the President’s short list, Judge Barbara Lagoa of the Eleventh Circuit:

• • Despite 14 Years on State and Federal Courts of Appeal, Judge Barbara Lagoa Has Ruled on Few First Amendment-Related Cases (September 22, 2020)