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Full-Text Articles in Law
Hobby Lobby In Constitutional Waters: Two Life Rings And An Anchor, Gregory P. Magarian
Hobby Lobby In Constitutional Waters: Two Life Rings And An Anchor, Gregory P. Magarian
Scholarship@WashULaw
Hobby Lobby's challenge to the contraception coverage provision of the Patient Protection and Affordable Care Act is the first Supreme Court case to test an application of RFRA to a federal law. For an introductory case, Hobby Lobby pushes RFRA·s conceptual envelope. Never before, under any constitutional or statutory provision, has the Court exempted a private, for profit business from the obligation to obey a generally applicable law. Most successful religious accommodation claims, whether constitutional or tatutory, have involved individual religious believers or groups of similarly situated believers. Religious institutions have occasionally but less frequently brought successful accommodation claims. Whatever …
Substantive Due Process As A Source Of Constitutional Protection For Nonpolitical Speech, Gregory P. Magarian
Substantive Due Process As A Source Of Constitutional Protection For Nonpolitical Speech, Gregory P. Magarian
Scholarship@WashULaw
We live in a time when our right to speak out against our government faces threats unimagined since the Vietnam era. As the present war in Iraq and the campaign against international terrorism have dragged on, the federal and state governments as well as nongovernmental institutions have grown increasingly bold in their efforts to suppress political dissent. Law enforcement officers infiltrate and bully peaceful dissident groups; police crack down brutally on mass demonstrations; cities confine protesters at major political events to ironically designated “free speech zones.” These events buttress a contention, familiar from the work of several prominent First Amendment …