Peyote And Ghouls In The Night: Justice Scalia's Religion Clause Minimalism,
2017
Washington University in St. Louis School of Law
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 …
The View From My Window: The Roberts Court's First Amendment Symposium,
2017
Washington University in St. Louis School of Law
The View From My Window: The Roberts Court's First Amendment Symposium, Gregory P. Magarian
Scholarship@WashULaw
The experience of writing a book and then reading what some very smart and knowledgeable people have to say about the subject matter is humbling and a little dizzying. In Managed Speech: The Roberts Court's First Amendment, I try to make some sense of the present Supreme Court's decisions over the past decade about the First Amendment's protections for free expression.' The book argues that those decisions, taken as a whole, excessively constrain free speech within a particular managerial framework. Rather than helping speech to flourish in all its noisy, messy glory, the Roberts Court favors First Amendment claims from …
Unlawful Assembly As Social Control,
2017
Washington University in St. Louis School of Law
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 …
Loving The Sinner: Evangelical Colleges And Their Lgb Students,
2017
Washington University in St. Louis School of Law
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,
2016
University of Miami School of Law
Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin
Articles
No abstract provided.
Social Media Accountability For Terrorist Propaganda,
2016
Loyola University Chicago, School of Law
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,
2016
University of Tennessee College of Law
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,
2016
Northwestern Pritzker School of Law
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,
2016
Northwestern Pritzker School of Law
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,
2016
Northwestern Pritzker School of Law
Fighting Back Against Revenge Porn: A Legislative Solution, Alex Jacobs
Northwestern Journal of Law & Social Policy
No abstract provided.
The Twilight Of Nonspeech,
2016
St. John's University School of Law
Abortion Legislation And The Establishment Clause,
2016
St. John's University School of Law
Abortion Legislation And The Establishment Clause
The Catholic Lawyer
No abstract provided.
Church Tax Exemptions,
2016
St. John's University School of Law
Church Tax Exemptions, William R. Consedine, Charles Whelan, S.J.
The Catholic Lawyer
No abstract provided.
Obscenity: The Intractable Legal Problem,
2016
St. John's University School of Law
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,
2016
Roger Williams University School of Law
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,
2016
St. John's University School of Law
Religious Freedom And The Church-State Relationship In Maryland,
2016
St. John's University School of Law
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,
2016
St. John's University School of Law
The Functions Of The Constitution And The Establishment Clause, Richard O. Brooks
The Catholic Lawyer
No abstract provided.
An Unhurried Look At Obscenity,
2016
St. John's University School of Law
An Unhurried Look At Obscenity, John M. Regan, C.M.
The Catholic Lawyer
No abstract provided.
Vatican Ii On Religious Freedom,
2016
St. John's University School of Law
Vatican Ii On Religious Freedom, Msgr. John P. Kleinz
The Catholic Lawyer
No abstract provided.
