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- BIPOC; Board of Education v. Pico; book bans; book removals; constitutional law; equal protection; First Amendment; LGBTQ; PEN American Center v. Escambia County; right to receive information (1)
- Constitutional law; LGBTQ; transgender; gender; gender identity; fourteenth amendment; sex; gender markers; identity documents (1)
- Due Process Clause (1)
- Equal Protection Clause (1)
- Establishment Clause (1)
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Articles 1 - 3 of 3
Full-Text Articles in First Amendment
Rereading Pico And The Equal Protection Clause, Johany G. Dubon
Rereading Pico And The Equal Protection Clause, Johany G. Dubon
Fordham Law Review
More than forty years ago, in Board of Education v. Pico, the U.S. Supreme Court considered the constitutionality of a school board’s decision to remove books from its libraries. However, the Court’s response was heavily fractured, garnering seven separate opinions. In the plurality opinion, three justices stated that the implicit corollary to a student’s First Amendment right to free speech is the right to receive information. Thus, the plurality announced that the relevant inquiry for reviewing a school’s library book removal actions is whether the school officials intended to deny students access to ideas with which the officials disagreed. …
License & (Gender) Registration, Please: A First Amendment Argument Against Compelled Driver's License Gender Markers, Lexi Meyer
Fordham Law Review
For as long as the United States has issued drivers’ licenses, licenses have indicated the holder’s gender in one form or another. Because drivers’ licenses are issued at the state level, states retain the authority to regulate the procedures for amending them. In some states, regulations include requirements that a transgender person undergo gender confirmation surgery before they can amend the gender marker on their driver’s license. Because many transgender people neither desire nor can afford gender confirmation surgery, these laws effectively preclude such people from obtaining gender-accurate identification. In doing so, these laws implicate multiple constitutional rights.
Lower courts …
Government Endorsement: A Reply To Nelson Tebbe's Government Nonendorsement, Abner S. Greene
Government Endorsement: A Reply To Nelson Tebbe's Government Nonendorsement, Abner S. Greene
Faculty Scholarship
In this response to Nelson Tebbe’s Government Nonendorsement, Abner Greene continues to develop his “thick perfectionist” view of government speech, arguing that the state may use its speech powers to advance various views of the good, from left, center,