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freedom of expression

The Veil and the Burqa – Constitutional to Ban or Restrict?

July 6, 2009

     Five years ago France prohibited students in public schools from wearing head scarves and veils or other conspicuous religious symbols.  Two weeks ago in a dramatic speech to the French Parliament, President Nicolas Sarkozy denounced the wearing of the burqa as a symbol of "enslavement" and requested legislation that would outlaw the practice in France.  [...]

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The Pending Federal Hate Crimes Legislation – Part 1

June 29, 2009

     On April 29 the House of Representatives adopted a bill (H.R. 1913) entitled the "Local Law Enforcement Hate Crimes Prevention Act of 2009."  This legislation has been referred to the Senate Judiciary Committee for consideration.  The law would make it a federal offense to commit violence against someone because of the person's "race, color, [...]

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Gay Rights and Free Exercise: (8) Employment Nondiscrimination Laws and Freedom of Religious Expression

May 5, 2009

     Many states and cities have enacted laws prohibiting employment discrimination on the basis of sexual orientation, and Congress is considering enacting similar legislation – the Employment Nondiscrimination Act (ENDA).  The law enjoys wide support in Congress and President Obama has indicated that he would sign the bill into law.  On the other hand, all [...]

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The Supreme Court at the Tipping Point: Freedom of Expression

August 12, 2008

     In 1927 in the case of Whitney v. California Justice Louis Brandeis wrote that the First Amendment protects "freedom to think as you will and to speak as you think." Freedom of thought is absolute, but freedom of speech is not an absolute right because in some situations speech can cause harm, as Justice [...]

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