First Amendment Commons^™

Criminal Court Of The City Of New York, People V. Tiffany, Deborah A. Monastero

Touro Law Review

No abstract provided.

Supreme Court, Queens County, People V. Amadeo, Erik Lindemann

Touro Law Review

No abstract provided.

Court Of Appeals, People V. Fraser, Evan M. Zuckerman

Touro Law Review

No abstract provided.

Second Department, Bowden V. Iona Grammar School, Jonathan Janofsky

Touro Law Review

No abstract provided.

The Unpunishable Immorality, Ramzi Nasser

Touro Law Review

No abstract provided.

Appellate Division, Third Department Matter, Of Schulz V. Pataki, Daniela Licata

Touro Law Review

No abstract provided.

United States District Court, Southern District Of New York, People For The Ethical Treatment Of Animals V. Giuliani, Melissa Murphy

Touro Law Review

No abstract provided.

Supreme Court, Nassau County New York, Coleman V. O'Shea, Melissa Murphy

Touro Law Review

No abstract provided.

City Court, Watertown New York, People V. Rogers, Lisa Bartolomeo

Touro Law Review

No abstract provided.

Supreme Court, Monroe County, People V. Owens, Wendy Holland

Touro Law Review

No abstract provided.

United States Court Of Appeals Second Circuit, Seabrook V. City Of New York, Wendy Holland

Touro Law Review

No abstract provided.

The Supreme Court Rules In Favor Of Religious Club’S Right To Meet On Public School Premises: Is This “Good News” For First Amendment Rights, Thomas A. Schweitzer

Touro Law Review

No abstract provided.

The Calm After The Storm: First Amendment Cases In The Supreme Court’S 2000-2001 Term, Joel Gora

Touro Law Review

No abstract provided.

Brief Of The Catholic University Of America School Of Canon Law, The Lutheran Church-Missouri Synod, The Queens Federation Of Churches, And The Serbian Orthodox Church In North And South America, As Amici Curiae In Support Of Petitioners, Richard W. Garnett, David H. Hyams

Court Briefs

No. 15.1005
Chabad-Lubavitch of Michigan v. Dr. Dov Schuchman

On Petition for a Writ of Ceriorari to the Supreme Court of Michigan

This brief addresses the importance of the principle of church autonomy and the protections provided by the First and Fourteenth Amendments and this Court's precedents regarding religious denominations' internal mandatory dispute-resolution procedures.

The Contraception Mandate Accomodated: Why The Rfra Claim In Zubik V. Burwell Fails, Caroline Mala Corbin

Short Works

No abstract provided.

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.

Preventing An Ex Machina Future: Search Engine Speech And The Advisor Theory, Luke Pettyjohn

First Amendment Law Review

No abstract provided.

Disaggregating Corpus Christi: Illiberal Implications Of Hobby Lobby'S Right To Free Exercise, Katharine Jackson

First Amendment Law Review

No abstract provided.

Killer Cartoons: Islamophobia, Depictions Of The Prophet Muhammad, And The Possible Limitations Of Free Speech, Chidiebere T. Madu

First Amendment Law Review

No abstract provided.

Town Of Greece And City Of Saguenay: Non-Establishment Principles With Or Without An Establishment Clause, Donald L. Beschle

First Amendment Law Review

No abstract provided.

Striking A Balance: Ensuring The Safety And Efficacy Of A Drug's Use, While Recognizing The First Amendment Protection Of Truthful, Non-Misleading Off-Label Drug Communications, Hannah Smoot Combs

First Amendment Law Review

No abstract provided.

Panhandling After Mccullen V. Coakley, Cynthia Barmore

Nevada Law Journal

No abstract provided.

Religion In The Public Square, H.E. Baber

San Diego Law Review

The First Amendment to the U.S. Constitution both prohibits the establishment of religion and guarantees its free exercise. There is, however, a tension between the Free Exercise Clause and the Establishment Clause, which has been understood to erect a “wall of separation” between church and state. Prima facie, the Establishment Clause prohibits the state from providing special benefits to institutions or individuals in virtue of their religious affiliations or convictions. The Free Exercise Clause, however, is cited in support of accommodations for individuals who, because of their religious commitments, cannot in good conscience conform to laws or regulations. This seems …

Byrne: Closing The Gap Between Hipaa And Patient Privacy, Austin Rutherford

San Diego Law Review

HIPAA’s lack of an individualized remedy harmed individuals and left the law a toothless monster, but Byrne begins to fill the longstanding gap by offering greater protection for individuals and their sensitive information. Byrne will also incentivize better compliance with HIPAA by instilling in companies a fear of sizeable tort suit damage awards.

Part II of this Note introduces HIPAA and its ability to protect sensitive health information. Part III discusses the facts, holding, and reasoning of Byrne, in which a state supreme court, for the first time, recognized HIPAA requirements as a duty owed in negligence claims. Part IV …

This Is Just Not Working For Us: Why After Ten Years On The Job It Is Time To Fire Garcetti, Jason Zenor

Richmond Public Interest Law Review

In Lane v. Franks, the U.S. Supreme Court held that public employees who give truthful testimony in court are protected so long as it was outside their ordinary job duties. This issue arose after ten years of the Garcetti rule which does not protect employee speech pursuant to their job duties- a nebulous topic in the digital era. In applying Garcetti, lower courts have extended it to include any speech that is a product of job duties, even if it would serve the public interest. In Lane v. Franks, the Court amended the employee speech doctrine to protect …

The Opposite Of Anarchy And The Transmission Of Faith: The Freedom To Teach After Smith, Hosanna-Tabor, Obergefell, And The Ascendancy Of Sexual Expressionism, Helen M. Alvaré

San Diego Law Review

There are several avenues available for protecting religious schools’ freedom but none involving rote application of the summary holdings of Smith or Hosanna-Tabor. This shouldn’t surprise; little is simple where the religion clauses are concerned. Nevertheless, to provide free exercise and nonestablishment “on the ground” and to allow core tenets of Judeo-Christian traditions a genuine, not just theoretical, chance of reaching the next generation, the Supreme Court needs to find a way within the labyrinth of its current First Amendment jurisprudence to allow religious schools and parents the freedom to teach.

This Article will treat this question as follows. Part …

This Is Just Not Working For Us: Why After Ten Years On The Job- It Is Time To Fire Garcetti, Jason Zenor

Richmond Journal of Law and the Public Interest

In Lane v. Franks, the U.S. Supreme Court held that public employees who give truthful testimony in court are protected so long as it was outside their ordinary job duties. This issue arose after ten years of the Garcetti rule which does not protect employee speech pursuant to their job duties- a nebulous topic in the digital era. In applying Garcetti, lower courts have extended it to include any speech that is a product of job duties, even if it would serve the public interest. In Lane v. Franks, the Court amended the employee speech doctrine to protect …

Master Metaphors And Double-Coding In The Encounters Of Religion And State, Perry Dane

San Diego Law Review

That term “existential encounter” is meant to convey several important ideas. First, it suggests that what is at stake here is not merely a set of legal doctrines or policy prescriptions, but something deeper and more constitutive. The sovereign nation-state, in some sense, looks out at the world around it and sees other entities that do not easily fit into its own internal sovereign architecture. Some of these are other nation-states. Some might be other types of essentially secular, but non-state, human associations. And others are, or should be, communities—large and small, organized or not, united or splintered—whose normative commitment …

Free Exercise By Moonlight, Marc O. Degirolami

San Diego Law Review

How is the current condition of religious free exercise, and religious accommodation in specific, best understood? What is the relationship of the two most important free exercise cases of the past half-century, Employment Division v. Smith and Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC? This essay explores four possible answers to these questions.

1. Smith and Hosanna-Tabor are the twin suns of religious accommodation under the Constitution. They are distinctively powerful approaches.

2. Hosanna-Tabor’s approach to constitutional free exercise is now more powerful than Smith’s. Smith has been eclipsed.

3. Hosanna-Tabor has shown itself to be feeble. It has …

Why The Ministerial Exception Is Consistent With Smith—And Why It Makes Sense, William A. Galston

San Diego Law Review

This conference puts on the table two linked questions: Can Hosanna-Tabor be reconciled with Employment Division v. Smith and, if so, on what basis? Let me say straightway that I have at most an amateur’s understanding of constitutional law and jurisprudence. I bring to our questions some intuitions about the best framework for thinking about them, and whatever light my home discipline of political theory can shed on them. I have also benefitted enormously from Christopher Lund’s splendid law review article on the topic of this conference.