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Articles 1 - 4 of 4
Full-Text Articles in Law
Public Accommodations Laws, Free Speech Challenges, And Limiting Principles In The Wake Of 303 Creative, Michael L. Smith
Public Accommodations Laws, Free Speech Challenges, And Limiting Principles In The Wake Of 303 Creative, Michael L. Smith
Faculty Articles
In 303 Creative LLC v. Elenis, the United States Supreme Court ruled that Colorado's Anti-Discrimination Act's prohibition of discrimination on the basis of sexual orientation violated the First Amendment rights of Lorie Smith, a website designer who refused to make wedding websites for same-sex couples. This Article argues that the Court's ruling rested on a vision of state control over speech that was divorced from the law before it. Using this framing of the law to conjure up inapplicable hypothetical scenarios of state-mandated expression, the Court found in Smith's favor. And yet, in responding to the dissent's concerns that the …
Using Bruen To Overturn New York Times V. Sullivan, Michael L. Smith, Alexander S. Hiland
Using Bruen To Overturn New York Times V. Sullivan, Michael L. Smith, Alexander S. Hiland
Faculty Articles
New York Times Co. v. Sullivan is a foundational, well regarded First Amendment case, Justice Clarence Thomas has repeatedly called on the Court to revisit it. Sullivan, Thomas claims, is policy masquerading as constitutional law, and it makes almost no effort to ground itself in the original meaning of the First and Fourteenth Amendments. Thomas argues that at the time of the founding, libelous statements were routinely subject to criminal prosecution including libel of public figures and public officials.
This Essay connects Justice Thomas's calls to revisit Sullivan to his recent opinion for the Court in New York State Rifle …
Take One Step Forward: Federal Courts Continue To Find That Volunteers Are Shielded From Retaliation Based On Protected Speech Under The First Amendment, David A. Grenardo
Take One Step Forward: Federal Courts Continue To Find That Volunteers Are Shielded From Retaliation Based On Protected Speech Under The First Amendment, David A. Grenardo
Faculty Articles
As an issue of first impression in the Fifth Circuit's jurisdiction, a United States district court in Texas considered whether it is impossible to state a claim for speech retaliation which involves the loss of a plaintiff's volunteer ministry rights and credentials. The court, in line with decisions from other federal courts and analogous Supreme Court cases, determined that being a volunteer is the type of governmental benefit or privilege the deprivation of which triggers First Amendment scrutiny, and it held that the volunteer chaplain stated a valid claim for retaliation. This article summarizes the law concerning retaliation against volunteers …
Church-State Constitutional Issues: Making Sense Of The Establishment Clause And That Godless Court?: Supreme Court Decision On Church-State Relationships (Book Reviews), Michael Ariens
Faculty Articles
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