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First Amendment

Citizens United v. F.E.C. (Part 2): The History of the Constitutionality of Campaign Finance Laws

February 8, 2010

     Until its recent decision in Citizens United v. F.E.C. (2010), the Supreme Court has consistently upheld laws restricting the flow of money to candidates in political campaigns. 

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It's all politics now.

January 22, 2010

The fundamental premise of the Court's decision in Citizens United v. FEC is that a corporation should have the same First Amendment rights to engage in political speech as any citizen, because a corporation is simply an "association of citizens" in the "corporate form." I think this is going to lead to the politicization of [...]

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2009-2010 Supreme Court Term: (6) Citizens United v. F.E.C.

January 21, 2010

    The Supreme Court today handed down its decision in Citizens United v. Federal Election Commission.  In this case the Supreme Court overrules longstanding precedent and gives corporations the right to spend unlimited amounts of money on campaign advertisements.  Here is a link to the decision on the Cornell website.  The Supreme Court site seems to be [...]

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United States v. Stevens: (Part 2) Oral Argument

January 19, 2010

      United States v. Stevens, the animal cruelty video case, was argued before the Supreme Court on October 6.  The transcript makes for a fascinating read, both from a forensic as well as a substantive perspective.

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Christian Legal Society v. Martinez (Part 5): The Free Exercise Claim

January 8, 2010

     We have seen in the two previous posts that CLS faces an uphill battle against Hastings Law School in its First Amendment claims based on "expressive association" and "equal access to a public forum."  Under existing doctrine, it will be equally difficult for CLS to win with yet another First Amendment claim under the [...]

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Christian Legal Society v. Martinez (Part 4): The Expressive Association Cases

January 7, 2010

     Another argument that CLS will advance in support  its claim that Hastings Law School should be compelled to recognize it as an official student organization is its contention that the law school is interfering with its rights as an "expressive association."  Here is a history of that doctrine, and a summary of two of [...]

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Christian Legal Society Chapter v. Martinez (Part 3) – Prior Cases Involving Equal Access to Campus Funding and Facilities

January 6, 2010

     One of the strongest arguments that the Christian Legal Society will assert in its case challenging Hastings Law School's refusal to recognize it as an official student organization is based upon a series of Supreme Court decisions establishing the rights of student or community groups to equal access to school funding and facilities.  The [...]

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Christian Legal Society Chapter v. Martinez (Part 2)

January 5, 2010

     The difficulty of this case stems from the number of constitutional doctrines and principles which are intertwined, a tangled skein of general rules and fundamental values.

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2009-2010 Supreme Court Term: (4) Christian Legal Society Chapter v. Martinez (Part 1) – Do Universities Have to Recognize (and Fund) Student Religious Organizations That Discriminate?

January 4, 2010

     This term Supreme Court agreed to hear the case of Christian Legal Society Chapter v. Martinez.  In today's post I will introduce the topic, and in subsequent posts I will analyze different aspects of the case.

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May Congress Regulate the Loudness of Television Commercials?

December 18, 2009

     Loud television commercials are a problem at our house.  During television shows my wife and I tell the kids "Turn it up!" because we can't hear as well as they do- at the volume they are comfortable with the shows sound like mumbling to us.  But when the commercials come on they are so loud we [...]

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Atheist Elected in North Carolina, Presenting an Easy Religious Freedom Case

December 15, 2009

     David Waters of the Washington Post reports that Cecil Bothwell, an atheist, was elected to city council in Asheville, North Carolina, despite a provision of the North Carolina state constitution which provides that "any person who shall deny the being of the Almighty God" is disqualified from holding public office.  This presents an easy [...]

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Congress Considering Reporter Shield Law – Some Want It to Shield Bloggers Too

December 4, 2009

     Should Congress adopt a "shield law" for reporters?  Should the new law protect bloggers, too?

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