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First Amendment

UIC Law Open Access Faculty Scholarship

2010

Articles 1 - 2 of 2

Full-Text Articles in Law

The State Secrets Privilege In The Post-9/11 Era, 30 Pace L. Rev. 778 (2010), Steven D. Schwinn Jan 2010

The State Secrets Privilege In The Post-9/11 Era, 30 Pace L. Rev. 778 (2010), Steven D. Schwinn

UIC Law Open Access Faculty Scholarship

No abstract provided.


Government Identity Speech And Religion: Establishment Clause Limits After Summum, 19 Wm. & Mary Bill Rts. J. 1 (2010), Mary Jean Dolan Jan 2010

Government Identity Speech And Religion: Establishment Clause Limits After Summum, 19 Wm. & Mary Bill Rts. J. 1 (2010), Mary Jean Dolan

UIC Law Open Access Faculty Scholarship

This Article offers in-depth analysis of the opinions in Pleasant Grove v. Summum. Summum is a significant case because it expands "government speech" to cover broad, thematic government identity messages in the form of donated monuments, including the much-litigated Fraternal Order of Eagles-donated Ten Commandments. The Article explores the fine distinctions between the new "government speech doctrine"- a defense in Free Speech Clause cases that allows government to express its own viewpoint and to reject alternative views-and "government speech" analyzed under the Establishment Clause, which prohibits government from expressing a viewpoint on religion, and from favoring some religions over others. …