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Peyote And Ghouls In The Night: Justice Scalia's Religion Clause Minimalism, John D. Inazu 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, Gregory P. Magarian 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, John D. Inazu 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, Elizabeth J. Hubertz 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, Caroline Mala Corbin 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, Alexander Tsesis 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, Michael Petherick 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, Daniel Ortner 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, Meredith Rachel Mandell 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, Alex Jacobs 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, Bernard E. Gegan 2016 St. John's University School of Law

The Twilight Of Nonspeech, Bernard E. Gegan

The Catholic Lawyer

No abstract provided.


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, William R. Consedine, Charles Whelan, S.J. 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, John Cornelius Hayes 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, Jenna Wims Hashway, Roger Williams University 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

Defamation In Student Publications

The Catholic Lawyer

No abstract provided.


Religious Freedom And The Church-State Relationship In Maryland, Kenneth L. Lasson 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, Richard O. Brooks 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, John M. Regan, C.M. 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, Msgr. John P. Kleinz 2016 St. John's University School of Law

Vatican Ii On Religious Freedom, Msgr. John P. Kleinz

The Catholic Lawyer

No abstract provided.


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