In Employment Division v. Smith (1990), the Supreme Court held that the First Amendment does not afford individuals a right to receive exemptions from neutral and generally applicable laws that incidentally burden their exercise of religion. Although Justice Scalia wrote the majority opinion, the Court’s decision came without any discussion… Read More »
On a Wednesday in September 2008, presumptive vice-presidential candidate Sarah Palin was introduced at the Republican National Convention in St. Paul, Minnesota for her much-anticipated speech accepting the Republican nomination. Before she spoke, the rock band Heart’s classic song “Barracuda” was played for the energized crowd. The song was played again… Read More »
The dominant theoretical frame for conceptualizing uses of copyrighted works is the First Amendment’s protection for free speech. Despite numerous calls for greater First Amendment scrutiny in copyright cases, there has been an almost unrelenting rejection of independent First Amendment review in copyright cases. Even when free speech values are… Read More »
Is it constitutional for a state to issue a “Say Yes to Jesus” automobile license plate? May it refuse to issue an “Aryan Nation” license plate? May it deny a “pro-choice” license plate when it has allowed a “pro-life” one? Under current free speech jurisprudence, the answer depends on whether… Read More »
In 2006, Aaron Wisniewski, a middle school student at Weedsport Middle School in upstate New York, logged onto his home computer after school hours and sent his friends instant messages featuring a buddy icon depicting a gun shooting a cartoon individual and bearing the caption “Kill Mr. VanderMolen,” a teacher… Read More »
Government increasingly claims the power to control its employees’ expression to protect its own speech, a trend that imperils the public’s interest in transparent government as well as the free speech rights of more than twenty million government workers. In the past, courts interpreted the First Amendment to permit governmental… Read More »
When Rupert Murdoch launched his failed bid for Newsday last year at a price of $580 million consumer groups were up in arms. Common Cause assailed the proposed acquisition as “a step back that will hurt our democracy.” S. Derek Turner of Free Press charged, “New York, like the rest of… Read More »
The American Constitution, we are told, is a “godless” document. More precisely, it is an agnostic document; it nowhere makes any reference, whether affirming or denying, to God. So what?
Some scholars see in this agnostic quality a constitutional mandate for governmental secularism; indeed, they may appeal directly to the agnostic… Read More »
Imagine that you are mayor of a small town that has a picturesque public park, where your residents come to escape the hustle and bustle of everyday life. To make the space inviting, you have built a gazebo, a picnic area, and a playground. You have also allowed a local… Read More »