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First Amendment

Washington and Lee Law Review

Freedom of speech

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Masterpiece Of Misdirection?, Mark Strasser Jun 2019

Masterpiece Of Misdirection?, Mark Strasser

Washington and Lee Law Review

In Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, the United States Supreme Court overruled a finding that a religious baker had violated a state antidiscrimination law when refusing to create a wedding cake for a same-sex couple. The decision might seem to have been a masterful resolution of an extremely difficult case because the Court issued a narrow opinion that seemed to affirm free exercise rights while at the same time affirming the right of same-sex couples to marry. Yet, the opinion, along with the accompanying concurrences and dissent, may well destabilize various settled areas of constitutional law …


“Kill The Sea Turtles” And Other Things You Can’T Make The Government Say , Scott W. Gaylord Jan 2014

“Kill The Sea Turtles” And Other Things You Can’T Make The Government Say , Scott W. Gaylord

Washington and Lee Law Review

In Pleasant Grove City v. Summum, the Supreme Court confirmed that there is no heckler’s veto under the government speech doctrine. When speaking, the government has the right to speak for itself and to select the views that it wants to express. But the Court acknowledged that sometimes it is difficult to determine whether the government is actually speaking. Specialty license plates have proven to be one of those difficult situations, raising novel and important First Amendment issues. Six circuits have reached four separate conclusions regarding the status of messages on specialty license plates. Three circuits have held that specialty …


Constitutional Law-Validity Of Ordinance Requiring License For Meeting In Public Park. [New Hampshire] Sep 1952

Constitutional Law-Validity Of Ordinance Requiring License For Meeting In Public Park. [New Hampshire]

Washington and Lee Law Review

No abstract provided.