Gregory P. Magarian
Thomas and Karole Green Professor of Law
Office
Anheuser-Busch Hall
Room 581
Featured Scholarship
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Gregory P. Magarian, Centering Noncitizens’ Free Speech, 56 Ga. L. Rev. 1563 (2022).
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Gregory P. Magarian, Conflicting Reports: When Gun Rights Threaten Free Speech, 83 Law & Contemp. Probs. 169 (2020).
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Gregory P. Magarian, When Audiences Object: Free Speech and Campus Speaker Protests, 90 U. Colo. L. Rev. 551 (2019).
About Gregory P. Magarian
Gregory P. Magarian is the Thomas and Karole Green Professor of law at Washington University School of Law in St. Louis. He teaches and writes about U.S. constitutional law, with emphasis on the freedom of expression. His first book, Managed Speech: The Roberts Court’s First Amendment, was published in 2017 by Oxford University Press. His work also examines church and state, firearms regulation, and regulations of the political process. He has published widely in leading law journals, made numerous scholarly presentations, and taught and lectured at universities around the world. Professor Magarian served as a judicial clerk for Justice John Paul Stevens of the U.S. Supreme Court and Judge Louis Oberdorfer of the U.S. District Court for the District of Columbia. He practiced law at Jenner and Block in Washington, D.C. and taught at Villanova University before joining the Washington University faculty in 2008.
Education
- J.D., University of Michigan Law School, 1993
- M.P.P., University of Michigan School of Public Policy, 1993
- B.A., Yale University, 1989
Courses
- Speech, Press, and the Constitution
- Advanced Topics in Freedom of Expression Seminar
- Constitutional Law
- Legislation
Areas of Expertise
- Freedom of Expression
- Law and Religion
- Regulations of the Political Process
- Firearms Regulation
Scholarship
- How Cheap Speech Underserves and Overheats Democracy, 54 U.C. Davis L. Rev. 2455 (2021) (symposium)
- The Internet and Social Media, in Adrienne Stone & Frederick Schauer eds., The Oxford Handbook of Freedom of Speech at 350 (Oxford University Press 2021)
- Kent State and the Failure of First Amendment Law, 65 Wash. U. J. L. & Pol’y (forthcoming 2021) (chair installation address)
- Conflicting Reports: When Second Amendment Claims Threaten First Amendment Interests, 83 Law & Contemp. Probs. No. 3, at 169 (2020) (symposium)
- Political and Nonpolitical Speech and Guns, 28 Wm. & Mary Bill Rts. J. 429 (2020) (symposium)
- Taming Uncivil Discourse, 41 Pol. Psychol. 383 (2020) (with James L. Gibson & Lee Epstein)
- MANAGED SPEECH: THE ROBERTS COURT’S FIRST AMENDMENT (Oxford University Press 2017)
- Data-Driven Constitutional Avoidance (with Lee Epstein & James L. Gibson), IOWA L. REV. (forthcoming 2019)
- When Audiences Object: Free Speech and Campus Speaker Protests, U. COLO. L. REV. (forthcoming 2018) (symposium)
- Forward Into the Past: Speech Intermediaries in the Television and Internet Ages, OKLA. L. REV. (forthcoming 2018) (symposium)
- The View From My Window, 95 WASH. U. L. REV. (forthcoming 2018) (symposium essay)
- The New Religious Institutionalism Meets the Old Establishment Clause, in MICAH SCHWARTZMAN ET AL. EDS., THE RISE OF CORPORATE RELIGIOUS LIBERTY (Oxford University Press 2016)
- The Marrow of Tradition: The Roberts Court and Categorical First Amendment Speech Exclusions, 56 WM. & MARY L. REV. 1339 (2015) (symposium)
- Chief Justice Roberts’ Individual Mandate: The Lawless Medicine of NFIB v. Sebelius, 108 NW. U. L. REV. COLLOQUY 15 (2013)
- Speaking Truth to Firepower: How the First Amendment Destabilizes the Second, 91 TEX. L. REV. 49 (2012)
- Justice Stevens, Religion, and Civil Society, 2011 WIS. L. REV. 733
- Religious Argument, Free Speech Theory, and Democratic Dynamism, 86 NOTRE DAME L. REV. 119 (2011)
- Substantive Media Regulation in Three Dimensions, 76 GEO. WASH. L. REV. 845 (2008) (symposium)
- The Jurisprudence of Colliding First Amendment Interests: From the Dead End of Neutrality to the Open Road of Participation Enhancing Review, 83 NOTRE DAME L. REV. 185 (2007)
- Market Triumphalism, Electoral Pathologies, and the Abiding Wisdom of First Amendment Access Rights, 35 HOFSTRA L. REV. 1373 (2007) (symposium)
- The Pragmatic Populism of Justice Stevens’s Free Speech Jurisprudence, 74 FORDHAM L. REV. 2201 (2006) (symposium)
- Substantive Due Process as a Source of Constitutional Protection for Nonpolitical Speech, 90 MINN. L. REV. 247 (2005)
- The First Amendment, the Public-Private Distinction, and Nongovernmental Suppression of Wartime Political Debate, 73 GEO. WASH. L. REV. 101 (2004)
- Regulating Political Parties Under a “Public Rights” First Amendment, 44 WM. & MARY L. REV. 1939 (2003)
- How to Apply the Religious Freedom Restoration Act to Federal Law Without Violating the Constitution, 99 MICH. L. REV. 1903 (2001)
- Toward Political Safeguards of Self-Determination, 46 VILL. L. REV. 1219 (2001) (symposium)