Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

University of Nevada, Las Vegas -- William S. Boyd School of Law

Scholarly Works

Series

2009

First Amendment

Articles 1 - 2 of 2

Full-Text Articles in Law

Pleasant Grove V. Summum: Losing The Battle To Win The War, Ian C. Bartrum Jan 2009

Pleasant Grove V. Summum: Losing The Battle To Win The War, Ian C. Bartrum

Scholarly Works

This short essay explores the potential doctrinal implications of the Supreme Court's recent decision in Pleasant Grove v. Summum.


Teaching Freedom: Exclusionary Rights Of Student Groups, Joan W. Howarth Jan 2009

Teaching Freedom: Exclusionary Rights Of Student Groups, Joan W. Howarth

Scholarly Works

Progressive, anti-subordination values support robust First Amendment protection for high school and university students, including strong rights of expressive association, even when those rights clash with educational institutions' nondiscrimination policies. The leading cases addressing the conflicts between nondiscrimination policies and exclusionary student groups are polarized and distorted by their culture war context. That context tainted the leading authority, Boy Scouts of America v. Dale, and is especially salient in the student expressive association cases, many of which are being aggressively litigated by religious groups with strong anti-homosexuality goals. The strength of these First Amendment claims can be difficult to recognize …