Jack M. Balkin
Knight Professor of Constitutional Law and the First Amendment
(on leave, spring 2023)
Jack M. Balkin is Knight Professor of Constitutional Law and the First Amendment at Yale Law School. He is the founder and director of Yale's Information Society Project, an interdisciplinary center that studies law and new information technologies. He also directs the Abrams Institute for Freedom of Expression and the Knight Law and Media Program at Yale.
FULL BIOGRAPHY
Contact Information
- Room 219
- 203-432-1620
- jack.balkin@yale.edu
Faculty Assistant
Ann-Marie Cooper
- 333
- 203-432-4830
- ann-marie.cooper@yale.edu
Education & Curriculum Vitae
Ph.D. (Philosophy), University of Cambridge, 1995
J.D., Harvard Law School, 1981
A.B., Harvard University, 1978
Courses Taught
- Constitutional Law
- First Amendment
- Artificial Intelligence, Robotics, and the Law
- Technology Law
- Media Law
- Media Freedom and Information Access Clinic
- American Constitutional Theory
- The Information Society
- Language and Power
Jack M. Balkin is Knight Professor of Constitutional Law and the First Amendment at Yale Law School. He is the founder and director of Yale's Information Society Project, an interdisciplinary center that studies law and new information technologies. He also directs the Abrams Institute for Freedom of Expression, and the Knight Law and Media Program at Yale.
Professor Balkin is a member of the American Academy of Arts and Sciences and the American Law Institute. He is the author of over a hundred and forty articles in different fields, including constitutional theory, Internet law, freedom of speech, reproductive rights, jurisprudence, and the theory of ideology. He founded and edits the group blog Balkinization, and has written widely on legal issues for such publications as The New York Times, the Washington Post, the New England Journal of Medicine, the American Prospect, the Atlantic, Washington Monthly, the New Republic, and Slate.
His books include The Cycles of Constitutional Time; Democracy and Dysfunction (with Sanford Levinson); Living Originalism; Constitutional Redemption: Political Faith in an Unjust World; Processes of Constitutional Decisionmaking (7th ed. with Brest, Levinson, Amar, and Siegel); Cultural Software: A Theory of Ideology; The Laws of Change: I Ching and the Philosophy of Life; and What Brown v. Board of Education Should Have Said.
Professor Balkin received his Ph.D in philosophy from Cambridge University, and his A.B. and J.D. degrees from Harvard University. He served as a clerk for Judge Carolyn D. King of the United States Court of Appeals for the Fifth Circuit and practiced as an attorney at Cravath, Swaine, and Moore in New York City before entering the legal academy. He has been a member of the law faculties at the University of Texas and the University of Missouri-Kansas City, and a visiting professor at Harvard University, New York University, the Buchman Faculty of Law at Tel Aviv University, and the University of London.
Tuesday, September 20, 2022
New ISP White Paper Collection Discusses a Healthy Digital Public Sphere
The Information Society Project has launched the second collection of essays in its Digital Public Sphere series.
Wednesday, August 3, 2022
Can We Fix What’s Wrong with Social Media?
A look at how Yale Law School alumni, faculty, and students are grappling with some of the most difficult questions in the online environment.
Monday, July 11, 2022
Supreme Court Turns to History: How Does Past Speak to the Present?
The Christian Science Monitor
Knight Professor of Constitutional Law and the First Amendment Jack Balkin and Nicholas deB. Katzenbach Professor of Law Reva Siegel are quoted about the extent to which history and tradition are a focus for the current Supreme Court.
Tuesday, December 21, 2021
Originalism Moves From Theory to High Court. What That Means for US.
The Christian Science Monitor
Knight Professor of Constitutional Law and the First Amendment Jack M. Balkin is quoted about originalism.
Friday, October 15, 2021
ISP Panels Tackle the Facebook Files and Democracy
On Oct. 7, 2021, the Information Society Project (ISP) at Yale Law School organized two panels with leading activists and academics, titled “The Facebook Files: What Next? Answers from Activism and Academia,” to discuss new revelations about Facebook.
Tuesday, October 5, 2021
The First Amendment in the Information Age
Sterling Professor of Law Robert Post and Knight Professor of Constitutional Law and the First Amendment Jack Balkin join Yale University President Peter Salovey for a conversation about the viral spread of misinformation in the information age.
Saturday, June 12, 2021
America’s New Gilded Age: The Cycles of Constitutional Time
Governing
Knight Professor of Constitutional Law and the First Amendment Jack Balkin is interviewed about his new book, The Cycles of Constitutional Time.
Friday, May 7, 2021
Foundations Lecture Series Held at Yale Law School
This spring, the newly launched Foundations Lecture Series featured lectures given by members of the Yale Law School faculty.
Thursday, May 6, 2021
Facebook’s Oversight Board Was Supposed to Let Facebook Off the Hook. It didn’t. — A Commentary by Jack Balkin and Kate Klonick ’18 Ph.D.
The Washington Post
Jack Balkin is Knight Professor of Constitutional Law and the First Amendment at Yale Law School. Kate Klonick is an Assistant Professor of Law at St. John’s University School of Law and an Affiliated Fellow at the Information Society Project at Yale Law School.
Wednesday, April 14, 2021
Yale Law Faculty, Alumni Named to Presidential Commission on Supreme Court Reform
A new Presidential Commission on Supreme Court Reform will be co-chaired by Leighton Homer Surbeck Professor of Law Professor Cristina Rodríguez ’00 and includes a total of 14 Yale Law School faculty and alumni.
Monday, March 8, 2021
WIII White Paper Series Tackles Responses to Misinformation
The Wikimedia/Yale Law School Initiative on Intermediaries and Information (WIII) announced the launch of a new white paper series which explores novel regulatory responses to misinformation.
Tuesday, February 23, 2021
Supreme Court Term Limits—Here’s the Best Option
Bloomberg Law
Knight Professor of Constitutional Law and the First Amendment Jack Balkin is quoted in Bloomberg Law about Supreme Court term limits.
Wednesday, February 17, 2021
Democracy Is Weakening Right in Front of Us
The New York Times
Knight Professor of Constitutional Law and the First Amendment Jack Balkin is quoted in the New York Times about the effect of social media on democracy.
Wednesday, February 3, 2021
Trump’s Terrible, Horrible, No Good, Very Bad Impeachment Defenses
Slate / The Gist
Knight Professor of Constitutional Law and the First Amendment Jack Balkin was interviewed on Slate’s podcast, The Gist, about political polarization.
Wednesday, January 6, 2021
Have Trump’s Lies Wrecked Free Speech?
The New York Times
Sterling Professor of Law Robert Post ’77 and Knight Professor of Constitutional Law and the First Amendment Jack Balkin are quoted in a New York Times commentary by Thomas Edsall.
Monday, January 4, 2021
Professor Balkin Edits Book on Obergefell v. Hodges
In a new book edited by Professor Jack Balkin, legal scholars rewrite the Supreme Court’s landmark gay rights decision in Obergefell v. Hodges.
Tuesday, December 15, 2020
ISP Launches Digital Future White Paper Series
The Information Society Project (ISP) at Yale Law School announced the launch of its Digital Future White Paper Series, which will highlight novel challenges for regulation, inviting participation by academics, researchers, technologists and legal practitioners.
Tuesday, November 3, 2020
The Reagan era never really ended. A Trump loss could change that. — A Commentary by Jack Balkin
The Washington Post
Jack Balkin is Knight Professor of Constitutional Law and the First Amendment at Yale Law School.
Saturday, October 24, 2020
Republicans Don’t Know What to Do With Their Bad-Faith ACA Case
The Atlantic
Research by Knight Professor of Constitutional Law and the First Amendment Jack Balkin is cited in an Atlantic article about how social movements impact constitutional law.
Thursday, September 10, 2020
Professor Balkin Publishes Book on The Cycles of Constitutional Time
In his new book, Professor Jack Balkin looks at the bigger picture of why politics in the United States has broken down and where it is headed.
Friday, July 24, 2020
Jack Balkin Elected to the American Law Institute
Professor Jack M. Balkin has been elected to the American Law Institute (ALI).
Thursday, May 28, 2020
Trump move could scrap or weaken law that protects social media companies
Reuters
Knight Professor of Constitutional Law and the First Amendment Jack M. Balkin is quoted in a Reuters article about President Trump’s attempt to regulate social media.
Wednesday, May 27, 2020
Trump threatens Twitter over fact checks: What’s next?
Associated Press
Knight Professor of Constitutional Law and the First Amendment Jack Balkin is quoted in an Associated Press story about President Trump’s threat to regulate social media.
Monday, July 22, 2019
Balkin Receives Funding from Knight Foundation to Study Digital Public Sphere
Jack Balkin, Knight Professor of Constitutional Law and the First Amendment and Director of the Information Society Project at Yale Law School, will receive $2 million from the Knight Foundation to launch a new ISP initiative.
Tuesday, June 4, 2019
New York’s Privacy Bill Is Even Bolder Than California’s
Wired
Knight Professor of Constitutional Law and the First Amendment Jack M. Balkin is quoted in an article about the New York Privacy Act.
Wednesday, May 15, 2019
Is the Constitution the Problem?
Democracy and Dysfunction (University of Chicago Press 2019) features a series of exchanges about our current political predicament between two prominent scholars of American constitutional law, Jack M. Balkin of Yale Law School and Sanford Levinson of the University of Texas.
Friday, May 10, 2019
Crisis Point? High Stakes in Trump’s Showdown with Congress
The Associated Press
Knight Professor of Constitutional Law and the First Amendment Jack Balkin is quoted in an article about whether the country is in a constitutional crisis.
Tuesday, May 7, 2019
How to Know When it's a Constitutional Crisis
CNN
Knight Professor of Constitutional Law and the First Amendment Jack M. Balkin is quoted in an analysis of what rises to the level of a constitutional crisis.
Tuesday, April 24, 2018
How to Make Facebook and Google Behave
Bloomberg View
Knight Professor of Constitutional Law and the First Amendment Jack Balkin’s idea of information fiduciaries is discussed in an editorial.
Thursday, April 12, 2018
This plan would regulate Facebook without going through Congress
The Verge
An article discusses Knight Professor of Constitutional Law and the First Amendment Jack Balkin’s concept of an information fiduciary and how it was a topic in the testimony of Facebook’s Mark Zuckerberg in the Senate.
Thursday, April 12, 2018
We May Own Our Data, But Facebook Has a Duty to Protect It
The New Yorker
The article cites scholarship by Knight Professor of Constitutional Law and the First Amendment Jack Balkin about Facebook’s use of private information.
Tuesday, October 24, 2017
Conference on Government Transparency to Be Held October 27
“Access and Accountability: A Conference for Transparency Advocates” will convene at Yale Law School on Friday, October 27, 2017.
Tuesday, August 29, 2017
Scenes from a Disjunctive Presidency—A Commentary by Jack Balkin
Balkinization
Jack M. Balkin is Knight Professor of Constitutional Law and the First Amendment at Yale Law School.
Monday, February 13, 2017
I asked 8 experts if we’re in a constitutional crisis. Here’s what they said.
Vox
Knight Professor of Constitutional Law and the First Amendment Jack Balkin and J. Skelly Wright Professor of Law Heather Gerken are quoted in an article about whether the U.S. is in a constitutional crisis.
Tuesday, February 7, 2017
We Are This Close to a Constitutional Crisis
Mother Jones
Knight Professor of Constitutional Law and the First Amendment Jack Balkin is quoted in an article about the possibility of a constitutional crisis.
Friday, January 6, 2017
Do Consumers Need New Rules To Protect Them From Their Robots?
Forbes.com
Knight Professor of Constitutional Law and the First Amendment and director of the Information Society Project Jack Balkin is quoted about whether consumers need laws that address the growing presence of robots in their lives.
Wednesday, November 30, 2016
Trump's threat to democracy isn't free speech, it's this—A Commentary by Jack M. Balkin
CNN
Jack M. Balkin is Knight Professor of Constitutional Law and the First Amendment at Yale Law School.
Friday, September 16, 2016
“Hacking the Election” Conference to Be Held September 20
The Center for Global Legal Challenges and the Information Society Project will co-host a conference on “Hacking the Election”
Friday, February 19, 2016
Conference to Be Held on Obergefell Decision
At an event titled “What Obergefell v. Hodges Should Have Said,” preeminent law scholars will rewrite the Supreme Court landmark opinion upholding the right of same-sex couples to marry. The conference will take place on April 15, 2016, at 1:15 p.m. in Room 127.
Thursday, July 23, 2015
Transparency, Surveillance, and the Future of First Amendment Law
In a post-Snowden era, while legal scholars and advocates re-examine government transparency and secrecy, the Media Freedom and Information Access Clinic at Yale Law School is working to protect the First Amendment rights of citizens and news media across the country.
Monday, July 13, 2015
Robotics and the law: When software can harm you
University of Washington
YLS professor Jack Balkin is quoted in a press release about a California Law Review article that examines what the introduction of robotics and artificial intelligence means for law and policy.
Tuesday, October 7, 2014
Yale Law School to Hold Conference on First Amendment in the Shadow of Public Health
The Public Health in the Shadow of the First Amendment Conference will take place at Yale Law School on October 17 and 18.
Friday, February 14, 2014
Harvard Law Professor Cass Sunstein to Speak on NSA Surveillance on Feb. 20
Cass Sunstein, the Robert Walmsley University Professor at Harvard Law School, will speak at Yale Law School on Thursday, February 20, about the report on NSA surveillance delivered by the President’s Review Group.
Thursday, September 5, 2013
Faculty Commentary: Yale Law Professors Weigh in on Syria Debate
With a fervent debate raging over what actions should be taken against the Syrian government in the wake of a suspected chemical attack that killed more than 1,000 Syrians— including hundreds of children — Yale Law faculty offer their opinions and insights on a range of issues impacting the conversation. Below is a sampling of the most recent commentaries and interviews.
Thursday, June 28, 2012
Reaction: Supreme Court Rules on Health Care Law
Yale Law School faculty members and lecturers comment on the U.S. Supreme Court’s landmark ruling on the health care law.
Wednesday, April 4, 2012
Conference on Jack Balkin’s Living Originalism Will Look at Constitutional Interpretation
“Constitutional Interpretation and Change: A Conference on Jack Balkin’s Living Originalism” will be held on April 27-28, 2012, at Yale Law School.
Friday, January 29, 2010
Yale ISP To Host A2K4 Conference on Access to Knowledge and Human Rights February 11-13
The Information Society Project at Yale Law School will host its fourth Access to Knowledge Conference February 11-13 at Yale Law School.
Tuesday, February 19, 2008
China Law Center Co-Hosts Anti-Discrimination Workshop in Chengdu
Yale Law School's Jack Balkin (behind left), Paul Gewirtz '70 (left), and Reva Siegel ’86 (right) attended.
Friday, February 1, 2008
Professor Jack Balkin Discusses Workshop on Anti-Discrimination Law in China
On January 19 and 20, the China Law Center co-hosted a workshop on anti-discrimination law at Sichuan University Law School.
Monday, January 14, 2008
Balkinization Blog Celebrates Fifth Anniversary
Professor Jack Balkin’s Balkinization blog celebrated its fifth anniversary on January 13, 2008.
Thursday, October 27, 2005
A2K Initiative Explores Access to Knowledge
In classrooms and offices at Yale Law School, a coterie of students, faculty, and fellows have been avidly discussing the concept of "access to knowledge." The Information Society Project has launched a broad initiative on the subject--the A2K Initiative--including a seminar, a reading group, and an upcoming conference. "It's been a very intense semester so far," says David Tannenbaum '07, one of the participants in those discussions.