Timothy Zick

Timothy Zick

John Marshall Professor of Government and Citizenship
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.

In 2022, Professor Zick received the McGlothlin Award for Exceptional Teaching. He has received the Plumeri Award for Faculty Excellence three times: in 2011, 2013 and 2017. He has also received numerous research professorships, including the William H. Cabell professorship.

Professor Zick has written on a variety of constitutional issues, with a special focus on the First Amendment. He is the author of five 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); and Managed Dissent: The Law of Public Protest (Cambridge U. Press, forthcoming 2023). He is also the co-author of a First Amendment casebook, The First Amendment: Cases and Theory (Wolters Kluwer 4th ed. 2022).

Professor Zick has been a frequent commentator in local, national, and international media regarding First Amendment, Second Amendment, and other constitutional issues. He has been a guest on national television and radio broadcasts, including All In With Chris Hayes on MSNBC and the Michael Smerconish Program on SiriusXM. Professor Zick’s commentary has been published in The Atlantic, Slate, U.S. News & World Report, The Washington Monthly, Jurist, and The Conversation. He has been quoted frequently in the national press, including in the New York Times, Washington Post, Los Angeles Times, Boston Globe, FiveThirtyEight, Politifact, CNN, NBC, Reuters, Associated Press, Bloomberg, and the Christian Science Monitor.

Professor Zick testified before Congress on the Occupy Wall Street protests and rights of free speech, assembly, and petition.

For press items, click here

Scholarly Publications
  • Managed Dissent: The Law of Public Protest (Cambridge U. Press 2023).
  • The First Amendment: Cases and Theory (Wolters Kluwer 4th ed. 2022).
  • The First Amendment in the Trump Era (Oxford U. Press 2019) (also translated and published in Japanese). 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
  • Public Protest and Governmental Immunities, Southern Cal. L. Rev. __ (forthcoming 2024). SSRN.
  • Second Amendment Exceptionalism: Public Expression and Public Carry, 102 Tex. L. Rev. 65 (2023). SSRN.
  • Assembly Within ‘Sight and Sound’ Of the Audience, in Oxford Handbook of Peaceful Assembly (forthcoming 2023). SSRN.
  • 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 (Adrienne Schauer and Frederick 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) (reprinted in Rodney A. Smolla ed., First Amendment Law Handbook: 2017-2018 Edition, Thompson/West 2018). SSRN.
  • First Amendment Cosmopolitanism, Skepticism, and Democracy, 76 Ohio St. L.J. 705 (2015) (book review response). SSRN.
  • Professional Rights Speech, 47 Ariz. St. L.J. 1289 (2015) (reprinted in Rodney A. Smolla ed., First Amendment Law Handbook: 2016-2017 Edition, Thompson/West 2017). SSRN.
  • Rights Speech, 48 U.C. Davis L. Rev. 1 (2014) (reprinted in Rodney A. Smolla ed., First Amendment Law Handbook: 2015-2016 Edition, 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 Rodney A. Smolla ed., First Amendment Law Handbook: 2012-2013 Edition, 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 Rodney A. Smolla ed., First Amendment Law Handbook: 2011-2012 Edition, 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 Rodney A. Smolla ed., First Amendment Law Handbook: 2007-2008 Edition, 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.
  • The Supreme Court Is Reconsidering Its Entire Approach to the Internet. Uh-Oh, Slate, Nov. 13, 2023. Online.
  • The Supreme Court Will Decide If Texas Is Allowed to Kill the Internet, Slate, Sept. 29, 2023. Online.
  • Is the Supreme Court Ready to Walk Back Last Term’s Historically Awful Guns Ruling?, Slate, June 23, 2023. Online.
  • Making True Threats is a Crime, The Atlantic, Apr. 12, 2023. 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.
  • Free Speech Idealism, 55 Tulsa L. Rev. 303 (2020) (reviewing Laura Weinrib, The Taming of Free Speech: America’s Civil Liberties Compromise and Keith Whittington, Speak Freely: Why Universities Must Defend Free Speech (book review).
  • Firearms Law Workshop Mini-Symposium, Part III: Framing the Second Amendment: Gun Rights, Civil Rights, and Civil Liberties, Duke Center for Firearms Law Blog, Aug. 22, 2019 . Online.
  • 29 Law and Politics 6 (2019), reviewing Robert L. Tsai, Practical Equality: Forging Justice in a Divided Nation, W.W. Norton & Co. 2019 (book review). SSRN.
  • 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, Aug. 20, 2018 . Online.
  • The First Amendment, the Second Amendment, and 3D Firearms, ACSBlog, Aug. 8, 2018 . Online.
  • Protests in Peril, U.S. News & World Report, Nov. 20, 2017. Online.
  • What Trump Misses About Free Speech, U.S. News & World Report, Sept. 26, 2017. Online.
  • The First Amendment and the World, Washington Monthly, Jan. 23, 2016. Online.

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