James Kerwin is Senior Counsel for the Mountain States Legal Foundation. His practice focuses on protecting First Amendment rights, especially freedoms of speech and association, curbing administrative overreach, and pushing back against trends that replace considerations of merit with group-based identities. Mr. Kerwin graduated from the University of California, Berkeley School of Law. After clerkships with the United States Court of Appeals for the 9th Circuit and the United States District Court for the Southern District of New York, he built a career litigating high stakes cases in New York City, including defending against activist-led civil rights class actions and battling public sector unions in state and federal court. Mr. Kerwin is licensed in Colorado and New York.
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No Immunity for Violating Free Speech Rights
Case Summary In the field of child psychiatry, Dr. Allan Josephson was a respected figure known for his expertise and unwavering integrity. As the head of the Division of Child…
Greenberg v. Lehocky
Yes— Insensitive Speech is Still Protected
Our Constitution does not require every attorney refrain from crude, offensive, or even harassing language. In fact, it actually protects such speech.
Murthy v. Missouri
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The government may not delegate its dirty work by twisting the arms of private companies to do what it wants. That includes using social media to censor others.
Danielle Johnson v. Oregon Department of Environmental Quality
Retaliation for Defending Equality & the Constitution
For speaking up for equality and the Constitution, Oregon brought down the hammer of punishment on Danielle. Now she’s fighting back.
Jaiden Rodriguez v. Harrison School District 2
Some Schools Need an Education
Jaiden Rodriguez’s case and his backpack patches will set an important precedent to hold schools accountable for their duty to honor the First Amendment.
Felkner v. Nazarian
No One Gets a Free Pass to Violate the Constitution
Government should err on the side of liberty and steer clear of the constitutional boundaries they are obligated to respect.
Parents Defending Education v. Olentangy BOE
Mandating Pronouns is Compelled Speech
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LM v. Town of Middleborough
Dissent is Not Harassment
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As a result of MSLF’s letter, the University of Utah’s security enforced the rules, ensuring that the free speech rights of YAF students were protected.
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MSLF sent a letter to the University of Utah demanding it enforce the rules against dangerous mob actions intent on shutting down the free speech of others.
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MSLF’s James Kerwin testified before Arizona’s legislature about the troubling tendency of government to use social media to attack Americans’ free speech.