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freedom of speech

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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2009-2010 Supreme Court Term: (5) United States v. Stevens (Part 1) – A Facial First Amendment Attack on a Federal Statute

January 19, 2010

     This term in the case of United States v. Stevens the Supreme Court will decide whether or not Congress has the power to enact a law prohibiting the production and sale of commercial videos depicting cruelty to animals.  The case presents a number of difficult problems under the First Amendment.  One of the issues [...]

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Christian Legal Society v. Martinez (Part 6): Does a Religious Organization Have Greater Constitutional Rights to Discriminate than Other Groups?

January 9, 2010

     In this final installment on this pending case I discuss whether or not a religious organization like CLS has a constitutional right to discriminate that is superior to the rights that other advocacy groups might have.

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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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Freedom of Speech: A Student's Right to Insult Other Religions

November 29, 2009

     Brandon Hensler of the American Civil Liberties Union recently posted an article on the A.C.L.U. Blog of Rights reporting that the Florida chapter has filed a federal lawsuit on behalf of public school students who wore tee-shirts to school and to a football game stating "Islam is of the Devil."  Do public school students have a [...]

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2009-2010 Supreme Court Term: (3) McComb v. Crehan – Student Religious Speech at Graduation

November 25, 2009

     The Constitution contains two provisions protecting freedom of religion: the Establishment Clause and the Free Exercise Clause.  There are many situations where these two clauses conflict.  Cases where students wish to speak about their religion at graduation is one of those situations.

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Matthew Shephard Hate Crimes Prevention Act Enacted by Congress – Some Constitutional Considerations

October 23, 2009

     Yesterday Congress enacted the Matthew Shepard Hate Crimes Prevention Act as part of the National Defense Reauthorization Act for 2010.  This law makes it a federal offense to assault people because of their race, color, religion, national origin, gender, sexual orientation, gender identity or disability.  However, because of constitutional considerations, crimes based on the [...]

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Rosado v. Bridgeport Diocese: Privacy, Freedom of Religion, and the Public's Right to Know

July 23, 2009

     On June 2, 2009, the Connecticut Supreme Court issued a ruling in the case of Rosado v. Bridgeport Roman Catholic Diocesan Corporation ordering the release of over 12,000 documents, previously under seal, describing how the Roman Catholic Diocese of Bridgeport, Connecticut, had handled allegations of sexual abuse in 23 separate cases.  On July 17 the [...]

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The Pending Federal Hate Crimes Legislation: Part 2

June 30, 2009

     In yesterday's post I stated that there are three objections commonly raised against the enactment of the Hate Crimes Act currently pending in Congress.  Those objections are that (1) Congress lacks authority to enact the law; (2) the law infringes upon freedom of speech; and (3) the law confers "special treatment" on certain favored groups.  I [...]

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