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The Marrow Of Tradition: The Roberts Court And Categorial First Amendment Speech Exclusions, Gregory P. Magarian
The Marrow Of Tradition: The Roberts Court And Categorial First Amendment Speech Exclusions, Gregory P. Magarian
Scholarship@WashULaw
INTRODUCTION The Roberts Court has made a lot of First Amendment law. Since Chief Justice John Roberts took the Supreme Court’s helm in 2006, the Court has issued decisions on the merits in about thirty-five free speech cases. With greater vigor than the late Rehnquist Court, the present Justices have waded into free speech controversies ranging from violent video games to commercial speech to campaign fi- nance regulation. In all those areas, the Court has handed import- ant victories to First Amendment claimants. Free speech advocates’ conventional (not to say universal) view of this Court is adoring. Renowned First Amendment …
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 …