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Full-Text Articles in Law

Hesburgh Lecture: Faith, Politics, And The Constitution: Understanding The Separation Of Church And State, Richard Garnett Sep 2014

Hesburgh Lecture: Faith, Politics, And The Constitution: Understanding The Separation Of Church And State, Richard Garnett

Faculty Lectures and Presentations

Rick Garnett delivered
Faith, Politics, and the Constitution: Understanding the Separation of Church and State
September 19, 2014
Hesburgh Lecture
Ares Auditorium
The University of Arizona
James E. Rogers College of Law
Tucson, Arizona


Hesburgh Lecture Series: "Faith, Politics And The Constitution", Richard W. Garnett Mar 2014

Hesburgh Lecture Series: "Faith, Politics And The Constitution", Richard W. Garnett

Faculty Lectures and Presentations

Professor Rick Garnett will deliver the Hesburgh Lecture Series "Faith, Politics and the Constitution" March 10, 2014 at 7 pm University of Montana School of Law ~ Castles Center Presented by: University of Montana School of Law and University of Notre Dame


Nonprofits, Speech, And Unconstitutional Conditions, Lloyd Hitoshi Mayer Jan 2014

Nonprofits, Speech, And Unconstitutional Conditions, Lloyd Hitoshi Mayer

Journal Articles

This Article proposes a new constitutional framework for approaching the issue of speech-related conditions on government funding received by nonprofits and demonstrates the application of this framework by applying it to the disputes that have reached the Supreme Court in this area. It argues that speech rights are generally inalienable as against the government under the First Amendment, and therefore any abridgement of such rights by the government – whether direct or indirect – is subject to strict scrutiny. As a result, the government is not permitted to buy an organization’s speech (or silence) absent a compelling governmental interest in …