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freedom of speech

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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Sotomayor's Dissent in Pappas v. Giuliani in Support of White Racist Speech

June 17, 2009

     One of the principal judicial decisions by Judge Sotomayor that will be discussed in her confirmation hearing will be her dissenting opinion in Pappas v. Giuliani, in which she stood up for the right of a New York City policeman to engage in hate speech.  Below the fold are a discussion of the case and links to [...]

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The Supreme Court at the Tipping Point – Be Sure to Vote

September 2, 2008

     Between 1937 and 1943 President Franklin D. Roosevelt appointed eight justices to the Supreme Court. These justices, who included Hugo Black, Felix Frankfurter, William Douglas, and Robert Jackson, changed the meaning of the Constitution. For the first time in American history the Court began to systematically protect the rights of individuals and minority groups [...]

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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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