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Articles 2761 - 2790 of 7923
Full-Text Articles in First Amendment
Smith, "Neutrality Of Reasons," And The Search For Animating Principles, Gerard V. Bradley
Smith, "Neutrality Of Reasons," And The Search For Animating Principles, Gerard V. Bradley
Journal Articles
The Distinctiveness of Religion in American Law: Rethinking Religion Clause Jurisprudence by Kathleen Brady
Justice Antonin Scalia’s death stirred a gratifying amount of praise for his life’s work. Among the rose petals tossed his way were, however, some thorns, including renewed criticism of his opinion in Employment Division v. Smith. The Smith Court spent most of its time arguing against a particular interpretation of the Free Exercise Clause, one that authorized judges to grant exemptions to believers burdened by general laws. But without quite identifying it as such, and without argument based in historical source material, the Court came …
Recent Applications Of The Supreme Court's Hands-Off Approach To Religious Doctrine: From Hosanna-Tabor And Holt To Hobby Lobby And Zubik, Samuel J. Levine
Recent Applications Of The Supreme Court's Hands-Off Approach To Religious Doctrine: From Hosanna-Tabor And Holt To Hobby Lobby And Zubik, Samuel J. Levine
Scholarly Works
In each of the past four terms, the United States Supreme Court has decided a case with important implications for the interpretation and application of the Religion Clauses of the United States Constitution: Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, Burwell v. Hobby Lobby, Inc., Holt v. Hobbs, and, most recently, Zubik v. Burwell. Although the Court’s decisions in these cases addressed—and seemed to resolve—a number of questions central to Free Exercise and Establishment Clause jurisprudence, including recognition of the “ministerial exception” and religious rights of a corporate entity, the decisions left a number of questions unanswered, such as …
To Repeal Or Not Repeal: The Johnson Amendment, Mark Goldfeder, Michelle K. Terry
To Repeal Or Not Repeal: The Johnson Amendment, Mark Goldfeder, Michelle K. Terry
Scholarly Works
No abstract provided.
Unlawful Assembly As Social Control, John D. Inazu
Unlawful Assembly As Social Control, John D. Inazu
Scholarship@WashULaw
Recent public protests from Occupy to Ferguson have highlighted anew the offense of unlawful assembly. This Article advances the simple but important thesis that contemporary approaches to unlawful assembly cede too much discretion to law enforcement. Too many unlawful assembly provisions neglect important elements of earlier statutory formulations. They also ignore constitutional principles meant to constrain the scope and extent of discretionary enforcement of social control by public authorities. In doing so, they fall short of the aspirations of the First Amendment — stifling dissent, muting expression, and ultimately weakening the democratic experiment. We can do better. We can start …
Peyote And Ghouls In The Night: Justice Scalia's Religion Clause Minimalism, John D. Inazu
Peyote And Ghouls In The Night: Justice Scalia's Religion Clause Minimalism, John D. Inazu
Scholarship@WashULaw
The late Justice Antonin Scalia held a minimalist view of the religion clauses: the Free Exercise Clause does not protect against neutral laws of general applicability, and the Establishment Clause prohibits neither longstanding traditional practices nor legislative acts with a plausible secular purpose. In both free exercise and establishment cases, Scalia resisted judicial second-guessing of legislative judgments unless he saw an explicit singling out of religious practice. Yet Scalia had an uneven influence on religion clause jurisprudence. When it came to the Free Exercise Clause, he played a pivotal role in shaping a doctrinal framework that has arguably created more …
Loving The Sinner: Evangelical Colleges And Their Lgb Students, Elizabeth J. Hubertz
Loving The Sinner: Evangelical Colleges And Their Lgb Students, Elizabeth J. Hubertz
Scholarship@WashULaw
In his Obergefell dissent, Chief Justice Robert wrote: “Hard questions arise when people of faith exercise religion in ways that may be seen to conflict with the new right to same-sex marriage.” This article looks at one of those hard questions - the relationship between evangelical colleges and their LGB students.
As religious institutions, evangelical colleges have authority to freely exercise their faith. They exercise this freedom by maintaining sexual conduct codes which prohibit homosexual practice or behavior by their students. Despite the existence of these codes, evangelical colleges have, and most likely always will have, sexual minority students. While …
Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin
Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin
Articles
No abstract provided.
Social Media Accountability For Terrorist Propaganda, Alexander Tsesis
Social Media Accountability For Terrorist Propaganda, Alexander Tsesis
Faculty Publications & Other Works
Terrorist organizations have found social media websites to be invaluable for disseminating ideology, recruiting terrorists, and planning operations. National and international leaders have repeatedly pointed out the dangers terrorists pose to ordinary people and state institutions. In the United States, the federal Communications Decency Act's § 230 provides social networking websites with immunity against civil law suits. Litigants have therefore been unsuccessful in obtaining redress against internet companies who host or disseminate third-party terrorist content. This Article demonstrates that § 230 does not bar private parties from recovery if they can prove that a social media company had received complaints …
Separation Of Church And State Or Disparate Treatment? An Analysis Of The Religious Freedom And Discrimination Concerns In Trinity Lutheran Church Of Columbia, Inc. V. Pauley, Michael Petherick
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
The Terrorist's Veto: Why The First Amendment Must Protect Provocative Portrayals Of The Prophet Muhammad, Daniel Ortner
The Terrorist's Veto: Why The First Amendment Must Protect Provocative Portrayals Of The Prophet Muhammad, Daniel Ortner
Northwestern Journal of Law & Social Policy
No abstract provided.
When Religious Belief Becomes Scientific Opinion: Burwell V. Hobby Lobby And The Unraveling Of Federal Rule 702, Meredith Rachel Mandell
When Religious Belief Becomes Scientific Opinion: Burwell V. Hobby Lobby And The Unraveling Of Federal Rule 702, Meredith Rachel Mandell
Northwestern Journal of Law & Social Policy
No abstract provided.
Fighting Back Against Revenge Porn: A Legislative Solution, Alex Jacobs
Fighting Back Against Revenge Porn: A Legislative Solution, Alex Jacobs
Northwestern Journal of Law & Social Policy
No abstract provided.
The Twilight Of Nonspeech, Bernard E. Gegan
Abortion Legislation And The Establishment Clause
Abortion Legislation And The Establishment Clause
The Catholic Lawyer
No abstract provided.
Church Tax Exemptions, William R. Consedine, Charles Whelan, S.J.
Church Tax Exemptions, William R. Consedine, Charles Whelan, S.J.
The Catholic Lawyer
No abstract provided.
Obscenity: The Intractable Legal Problem, John Cornelius Hayes
Obscenity: The Intractable Legal Problem, John Cornelius Hayes
The Catholic Lawyer
No abstract provided.
Rwu First Amendment Blog: Jenna Hashway's Blog: Blocking Women's March From Key D.C. Sites Risks Infringing On First Amendment Rights 12-12-2016, Jenna Wims Hashway, Roger Williams University
Rwu First Amendment Blog: Jenna Hashway's Blog: Blocking Women's March From Key D.C. Sites Risks Infringing On First Amendment Rights 12-12-2016, Jenna Wims Hashway, Roger Williams University
Law School Blogs
No abstract provided.
Defamation In Student Publications
Religious Freedom And The Church-State Relationship In Maryland, Kenneth L. Lasson
Religious Freedom And The Church-State Relationship In Maryland, Kenneth L. Lasson
The Catholic Lawyer
No abstract provided.
The Functions Of The Constitution And The Establishment Clause, Richard O. Brooks
The Functions Of The Constitution And The Establishment Clause, Richard O. Brooks
The Catholic Lawyer
No abstract provided.
An Unhurried Look At Obscenity, John M. Regan, C.M.
An Unhurried Look At Obscenity, John M. Regan, C.M.
The Catholic Lawyer
No abstract provided.
Vatican Ii On Religious Freedom, Msgr. John P. Kleinz
Vatican Ii On Religious Freedom, Msgr. John P. Kleinz
The Catholic Lawyer
No abstract provided.
New York's "Minor" Obscenity Statute Held Constitutional
New York's "Minor" Obscenity Statute Held Constitutional
The Catholic Lawyer
No abstract provided.
Candor Or Shame? Defining Obscenity By Statute
Candor Or Shame? Defining Obscenity By Statute
The Catholic Lawyer
No abstract provided.
Sit-In Conduct Held Constitutionally Protected
Sit-In Conduct Held Constitutionally Protected
The Catholic Lawyer
No abstract provided.
New York Times V. Sullivan - A Reappraisal
Newsroom: Rwu's News First Amendment Blog 12-07-2016, Roger Williams University School Of Law
Newsroom: Rwu's News First Amendment Blog 12-07-2016, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Free Speech Matters: The Roberts Court And The First Amendment, Joel M. Gora
Free Speech Matters: The Roberts Court And The First Amendment, Joel M. Gora
Journal of Law and Policy
This article contends that the Roberts Court, in the period from 2006 to 2016, arguably became the most speech-protective Supreme Court in memory. In a series of wide-ranging First Amendment decisions, the Court sounded and strengthened classic free speech themes and principles. Taken together, the Roberts Court’s decisions have left free speech rights much stronger than they were found.
Those themes and principles include a strong libertarian distrust of government regulation of speech and presumption in favor of letting people control speech, a consistent refusal to fashion new “non-speech” categories, a reluctance to “balance” free speech away against governmental interests, …