William & Mary
Timothy Zick

Timothy Zick

John Marshall Professor of Government and Citizenship and William H. Cabell Research Professor of Law
Degrees: J.D., Georgetown University; B.A., Indiana University
Email: [[tzick]]
Office phone: (757) 221-2076
Office location: Room 214
Full resume: here (.pdf in new window)
Areas of Specialization

Constitutional Law; Constitutional Law – 1st Amendment (Speech and Press); Constitutional Law – 2nd Amendment; Constitutional Law – 14th Amendment

Teaching Interests

First Amendment; Second Amendment; Law and Religion; Constitutional Law; Constitutional Theory

Representative Professional Activities and Achievements

Professor Zick graduated summa cum laude from Indiana University and summa cum laude from Georgetown University Law Center, where he received the Francis E. Lucey, S.J. Award for graduating first in his class. While at Georgetown, Professor Zick was a Notes and Comments editor of the Georgetown Law Journal. Following law school, Professor Zick was an associate with the law firms of Williams and Connolly in Washington, D.C., where he assisted in the defense of congressional term limits in the Supreme Court of the United States, and Foley Hoag in Boston. He served as a law clerk to the Honorable Levin H. Campbell of the United States Court of Appeals for the First Circuit. Professor Zick also served as a Trial Attorney in the Federal Programs Branch of the United States Department of Justice, where he defended the constitutionality and legality of a variety of federal programs and statutes.

Professor Zick has written on a variety of constitutional issues, with a special focus on the First Amendment. He is the author of four university press books on the subject: Speech Out of Doors: Preserving First Amendment Liberties in Public Places (Cambridge U. Press 2009); The Cosmopolitan First Amendment: Protecting Transborder Expressive and Religious Liberties (Cambridge U. Press 2013); The Dynamic Free Speech Clause: Free Speech and Its Relation to Other Constitutional Rights (Oxford U. Press 2018); and The First Amendment in the Trump Era (Oxford U. Press 2019).

Professor Zick has been a frequent commentator in local, national, and international media regarding public protests and other First Amendment concerns. He testified before Congress on the Occupy Wall Street protests and rights of free speech, assembly, and petition. Professor Zick has been the recipient of the Plumeri Award for Faculty Excellence in 2011, 2013 and 2017.

In the News
  • Jonathan Stempel in New York; Editing by Will Dunham, Sarah Palin's defamation trial against New York Times set to begin, Reuters, Jan. 24, 2022. Online.
  • Timothy Zick, Seditious conspiracy charge against Oath Keepers founder and others in Jan. 6 riot faces First Amendment hurdle, The Conversaton, Jan. 14, 2022. Online.
  • Katie Robertson and Jonah E. Bromwich, A judge rejects Fox News's request to dismiss Dominion's defamation suit., N.Y. Times, Dec. 17, 2021. Online.
  • Helen Coster and Jan Wolfe, Analysis: Murdoch emails loom large in election lawsuits against Fox News, Reuters, Dec. 14, 2021. Online.
  • Linda So and Jason Szep, Reuters unmasks Trump supporters who terrified U.S. election officials, Reuters, Nov. 09, 2021. Online.
  • Diana Palmer and Timothy Zick, The Second Amendment Has Become a Threat to the First. Firearms are having a documented chilling effect on free speech., The Atlantic, Oct. 27, 2021. Online.
  • Brendon Cole, Donald Trump Can Be Arrested Over Jan 6. Subpoenas—Here's Why He Won't Be, Newsweek, Oct. 21, 2021. Online.
  • Ali Swenson, Fake headline falsely suggests cursing the president is illegal, AP News, Sept. 17, 2021. Online.
  • California Legislature Considers Law Limiting Protest Activity Near Vaccine Sites, firstamendmentwatch.org, Aug. 10, 2021. Online.
  • Christianna Silva, Trump's baseless Big Tech lawsuit is all about fundraising, Mashable.com, Jul. 7, 2021. Online.
  • Bailey Loosemore, Why most protesters arrested by Louisville police will never be convicted of a crime, courierjournal, Jul. 6, 2021. Online.
  • John Hilliard, Newton’s proposed gun store ban could invite Second Amendment court challenge, experts say, Boston Globe Media, Jun. 16, 2021. Online.
  • Kaleigh Rogers, Militias Pose A Serious Threat. So Why Is It So Hard To Stop Them?, FiveThirtyEight, May. 18, 2021. Online.
  • Alec Dent and Khaya Himmelman, Fact Checking Joe Biden's Address to Congress, The Dispatch, May. 5, 2021. Online.
  • Michael M. Grynbaum and Jonah E. Bromwich, Fox Files Motion to Dismiss Smartmatic’s $2.7 Billion Defamation Suit, N.Y. Times, Mar. 26, 2021. Online.
  • Louis Jacobson, Could Jan. 6 rioters face sedition charges? And what would that mean?, Politifact, Mar. 24, 2021. Online.
  • Louis Jacobson, How Solid Is Donald Trump’s First Amendment Impeachment Defense?, Politifact, Feb. 12, 2021. Online.
  • Jonah E. Bromwich and Ben Smith, Fox News Is Sued by Election Technology Company for Over $2.7 Billion, N.Y. Times, Feb. 4, 2021. Online.
  • Joanne Kimberlin and Jane Harper, Large, profane Virginia Beach yard sign shocked neighbors, but it's 100% legal, The Virginian-Pilot, Jan. 30, 2021. Online.
  • Karen J. Greenberg and Jon Berger, Protesting in America, Center on National Security, Jan. 28, 2021. Online.
  • Ann Scott Tyson, Patrik Jonsson and Henry Gass, Was Jan. 6 the end of an era – or start of a dangerous new one?, The Christian Science Monitor, Jan. 27, 2021. Online.
  • Maria Cramer, Fear Spreads in Minnesota Town as ‘Extremist Group’ Moves to Open Church, N.Y. Times, Jan. 9, 2021. Online.
  • Aaron Gell, Our Right To Protest Is Under Chilling Assault, GEN, Oct. 27, 2020. Online.
  • Kit Ramgopal and Adiel Kaplan, Legal limbo: Hundreds of Louisville protesters still waiting to learn their fate months after arrest, nbcnews.com, Oct. 23, 2020. Online.
  • Elijah Nouvelage, Armed protesters in America create stress test for police, csmonitor, Sept. 11, 2020. Online.
  • Brad Brooks, Free speech, gun rights on collision course in United States, some legal experts say, Reuters, Sept. 11, 2020. Online.
  • Ben Finley, Case cites senator’s words before protesters marred monument, AP News, Aug. 24, 2020. Online.
  • Garrett Epps, The Whole Concept of 'Unlawful Assembly' Is a Mess, The Atlantic, Aug. 09, 2020. Online.
  • Zeeshan Aleem, The Goya Foods free speech controversy, explained, Vox.com, Jul. 12, 2020. Online.
  • Kimberly Strawbridge Robinson, Justices Revive Speech Requirement for Overseas HIV Funding (2), Bloomberg Law, Jun. 29, 2020. Online.
  • Cat Modlin-Jackson, What Exactly is an "Unlawful Assembly?", radio IQ|wvft Music, Jun. 26, 2020. Online.
  • Scottie Andrew, If you're planning to take part in protests, know your rights., CNN, Jun. 2, 2020. Online.
  • Olivia Li, When Protestors Carry Guns, Does It Impede Others’ Free Speech?, The Trace, Mar. 5, 2020. Online.
  • Graham Moomaw, Would Virginia’s red flag law withstand constitutional scrutiny? In other states, similar laws already have., Virginia Mercury, Feb. 5, 2020. Online.
  • Aaron Freiwald, host of the Good Law|Bad Law podcast, interviewed Professor Zick about his recently published book, The First Amendment in the Trump, Jan. 17, 2020. Listen: Online.
  • Marissa J. Lang, A police officer sued a Black Lives Matter protester for violence he didn’t commit. What’s next has free-speech advocates worried., The Washington Post, Dec. 13, 2019. Online.
  • Timothy Zick, The Constitutional Case for "Red Flag" Laws, (Tim Zubizarreta ed.), Jurist, Dec. 6, 2019. Online.
  • Adam Liptak, After Long Gap, Supreme Court Poised to Break Silence on Gun Rights, N.Y. Times, Dec. 2, 2019. Online.
  • Robin Bravender, U.S. Supreme Court may sidestep a big Second Amendment fight, The Virginia Mercury, Dec. 2, 2019. Online.
  • Ben Paviour, ‘2nd Amendment Sanctuaries’ Push Back on Proposed New Gun Laws, VPM, Nov. 20, 2019. Online.
  • Nico Perrino, So to Speak podcast: ‘The First Amendment in the Trump Era’ w/ Professor Timothy Zick, The Fire, Nov. 14, 2019. Online.
  • First Amendment Watch (NYU) Interviews Professor Zick About His Book, The First Amendment in the Trump Era, First Amendment Watch, Oct. 30, 2019. Online.
  • Allison Wrabel, Albemarle eyes more changes to allowable public use of county property, The Daily Progress, Oct. 12, 2019. Online.
  • David Lazarus, Trump says drug companies should include prices in TV ads. Good luck with that, L.A. Times, Oct. 18, 2018. Online.
  • Timothy Zick, Judge Kavanaugh and Freedom of Expression, SCOTUSblog, August 7, 2018. Online.
  • Linda Qui, Trump Takes Aim at Kerry — Again — Ahead of Announcement on Iran Deal, N.Y. Times, May 7, 2018. Online.
  • Steven Nelson, Calling Police ‘Pigs’ Lands Teen in Jail,U.S. News & World Report, Aug. 17, 2015. Online.
  • Dante Ramos, Dictating the Terms of Free Speech, Boston Globe, Jan. 21, 2015. Online.
For additional recent press interviews, click here

Scholarly Publications
  • Managed Dissent: The Law of Public Protest (under contract, Cambridge U. Press).
  • The First Amendment in the Trump Era (Oxford U. Press 2019). Online.
  • The Dynamic Free Speech Clause: Freedom of Speech and Its Relation to Other Constitutional Rights (Oxford U. Press 2018). Purchase.
  • The Cosmopolitan First Amendment: Protecting Transborder Expressive and Religious Liberties (Cambridge U. Press 2014). Purchase.
  • Speech Out of Doors: Preserving First Amendment Liberties in Public Places (Cambridge U. Press 2009). Purchase.
Articles and Book Chapters
  • The Costs of Dissent: Protest and Civil Liabilities, 89 Geo. Wash. L. Rev. 233 (2021). SSRN.
  • Framing the Second Amendment: Gun Rights, Civil Rights and Civil Liberties, 106 Iowa L. Rev. 229 (2020). SSRN.
  • The Second Amendment as a Fundamental Right, 46 Hastings Const. L.Q. 621 (2019). SSRN.
  • Arming Public Protests, 104 Iowa L. Rev. 233 (2018). SSRN.
  • Managing Dissent, 95 Wash. U. L. Rev. 1423 (2018). SSRN.
  • Parades, Picketing, and Demonstrations, in Oxford Handbook on Freedom of Speech (Schauer & Stone eds., 2019). SSRN.
  • Justice Scalia and Abortion Speech, 15 First Amend. L. Rev. 288 (2017). SSRN.
  • Restroom Use, Civil Rights, and Free Speech (Opportunism), 78 Ohio St. L.J. 963 (2017). SSRN.
  • Rights Dynamism, 19 U. Pa. J. Const. L. 791 (2017). SSRN.
  • The Dynamic Relationship Between Freedom of Expression and Equality, 12 Duke J.L. & Pub. Pol. 13 (2016) to be reprinted in First Amendment Law Handbook: 2017-2018 Edition (Rodney A. Smolla ed., Thompson/West 2018. SSRN.
  • First Amendment Cosmopolitanism, Skepticism, and Democracy, 76 Ohio St. L.J. 705 (2015) (Book Review Reponse). SSRN.
  • Professional Rights Speech, 47 Ariz. St. L.J. 1289 (2015) (reprinted in First Amendment Law Handbook: 2016-2017 Edition (Rodney A. Smolla ed., Thompson/West 2017). SSRN.
  • Rights Speech, 48 U.C. Davis L. Rev. 1 (2014) (reprinted in First Amendment Law Handbook: 2015-2016 Edition (Rodney A. Smolla ed., Thompson/West 2016)). SSRN.
  • Falsely Shouting Fire in a Global Theater: Emerging Complexities of Trans-Border Expression, 65 Vand. L. Rev. 125 (2012) (reprinted in First Amendment Law Handbook: 2012-2013 Edition (Rodney A. Smolla ed., Thompson/West 2013)). SSRN.
  • Recovering the Assembly Clause, 91 Tex. L. Rev. 375 (2012) (reviewing John D. Inazu, Liberty's Refuge: The Forgotten Freedom of Assembly (2012)).
  • The First Amendment in Trans-Border Perspective: Toward a More Cosmopolitan Orientation, 52 B.C. L. Rev. 941 (2011), reprinted in First Amendment Law Handbook: 2011-2012 Edition (Rodney A. Smolla ed., Thompson/West 2012). SSRN.
  • Summum, The Vocality of Public Places, and the Public Forum, 2010 BYU L. Rev. 2203 (2010). SSRN.
  • Property As/And Constitutional Settlement, 104 Nw. U. L. Rev. 1361 (2010). SSRN.
  • Territoriality and the First Amendment: Free Speech At -- and Beyond -- Our Borders, 85 Notre Dame L. Rev. 1543 (2010). SSRN.
  • "Duty-Defining Power" and the First Amendment's Civil Domain, 109 Colum. L. Rev. Sidebar 116 (2009). SSRN.
  • Constitutional Displacement, 86 Wash. U. L. Rev. 515 (2009). SSRN.
  • Active Sovereignty, 20 St. John's J.L. & Pub. Pol'y 541 (2007). SSRN.
  • Clouds, Cameras, and Computers: The First Amendment and Networked Public Places, 59 Fla. L. Rev. 1 (2007), reprinted in First Amendment Law Handbook: 2007-2008 Edition (Rodney A. Smolla ed., Thompson/West 2007). SSRN.
  • Property, Place, and Public Discourse, 21 Wash. U. J.L. & Pol'y 173 (2006). SSRN.
  • Space, Place, and Speech: The Expressive Topography, 74 Geo. Wash. L. Rev. 439 (2006). SSRN.
  • Speech and Spatial Tactics, 84 Tex. L. Rev. 581 (2006). SSRN.
  • Are the States Sovereign?, 83 Wash. U. L.Q. 229 (2005). SSRN.
  • Cross Burning, Cockfighting, and Symbolic Meaning: Toward A First Amendment Ethnography, 45 Wm. & Mary L. Rev. 2261 (2004). SSRN.
  • Statehood as The New Personhood: The Discovery of Fundamental "States' Rights," 46 Wm. & Mary L. Rev. 213 (2004). SSRN.
  • Constitutional Empiricism: Quasi-Neutral Principles and Constitutional Truths, 82 N.C. L. Rev. 115 (2003). SSRN.
  • Marbury Ascendant: The Rehnquist Court and the Power to "Say What The Law Is," 59 Wash. & Lee L. Rev. 839 (2002). SSRN.
  • Free Speech Idealism, Tulsa L. Rev. 303 (2020) (book review of Laura Weinrib, The Taming of Free Speech: America’s Civil Liberties Compromise; Keith Whittington, Speak Freely: Why Universities Must Defend Free Speech).
  • Book Review, Robert L. Tsai's Practical Equality: Forging Justice in a Divided Nation (W.W. Norton & Co. 2019. SSRN.
  • Firearms Law Workshop Mini-Symposium, Part III: Framing the Second Amendment: Gun Rights, Civil Rights, and Civil Liberties, Duke Center for Firearms Law Blog, August 22, 2019 . Online.
  • TRUST and Retaliation: The First Amendment and Trump's Taxes, ACSBlog, July 31, 2019 . Online.
  • The President's Utterly Un-American Response to Dissent, ACSBlog, July 22, 2019 . Online.
  • President Trump: Challenging Core First Amendment Principles, ACSBlog, August 20, 2018 . Online.
  • The First Amendment, the Second Amendment, and 3D Firearms, ACSBlog, August 8, 2018 . Online.
  • Protests in Peril, U.S. News & World Report, November 20, 2017. Online.
  • What Trump Misses About Free Speech, U.S. News & World Report, September 26, 2017. Online.
  • The First Amendment and the World, Washington Monthly, January 23, 2016. Online.

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