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# Cato Supreme Court Review: 2020–2021 

Now in its 20th year, the *Cato Supreme Court Review* brings together leading legal scholars to analyze key cases from the Court’s most recent term, plus cases coming up.

October 2021 • Published By Cato Institute 

By [Trevor Burrus](https://www.cato.org/people/trevor-burrus) 

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Now in its 20th year, the *Cato Supreme Court Review* brings together leading legal scholars to analyze key cases from the Court’s most recent term, plus cases coming up. Topics in the 2020–2021 edition include public disclosure of charitable donations (*Americans for Prosperity Foundation v. Bonta*), the off-campus speech (*Mahanoy Area School District v. B.L.*), union access onto agribusiness land (*Cedar Point Nursery v. Hassid*), police acting as “community caretakers” and warrantless police entries (*Caniglia v. Strom*), and Arizona’s new voting laws (*Brnovich v. DNC*).

FOREWORD: A Court in Flux That Doesn’t Need “Reform,” By Ilya Shapiro

INTRODUCTION, By Trevor Burrus

ANNUAL B. KENNETH SIMON LECTURE: Flunking the Founding: Civic Illiteracy and the Rule of Law, By Judge Don R. Willett

FIRST AMENDMENT 
Protecting Free Exercise under Smith and after *Smith*, By Douglas Laycock and Thomas C. Berg 
*Americans for Prosperity Foundation v. Bonta*: A First Amendment for the Sensitive, By Bradley A. Smith 
*Mahanoy Area School District v. B.L.*: The Court Protects Student Social Media but Leaves Unanswered Questions, By David L. Hudson Jr.

CONSTITUTIONAL STRUCTURE 
Unreviewable: The Final Installment of the “Epic” Obamacare Trilogy, By Josh Blackman 
Three Views of the Administrative State: Lessons from *Collins v. Yellen*, By Aaron Nielson

PROPERTY RIGHTS 
*Cedar Point*: Lockean Property and the Search for a Lost Liberalism, By Sam Spiegelman and Gregory C. Sisk

POLICING CONSTITUTIONALLY 
Police as Community Caretakers: *Caniglia v. Strom*, By Christopher Slobogin

VOTING RIGHTS 
*Brnovich v. DNC*: Election Litigation Migrates from Federal Courts to the Political Process, By Derek T. Muller

INTELLECTUAL PROPERTY 
Declaring Computer Code Uncopyrightable with a Creative Fair Use Analysis, By Adam Mossoff

NEXT YEAR 
Looking Ahead: A Post‐​COVID Return — and a Shift to the Right?, By Amy Howe

##### About the editor 

Trevor Burrus is a research fellow in the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor‐​in‐​chief of the *Cato Supreme Court Review*. Burrus is the editor of *A Conspiracy against Obamacare* (Palgrave, 2013) and *Deep Commitments: The Past, Present, and Future of Religious Liberty* (Cato Institute, 2017). He is also the cohost of [*Free Thoughts*](https://www.libertarianism.org/podcasts/free-thoughts), a weekly podcast that covers topics in libertarian theory, history, and philosophy.