first amendment

New Research Finds Most State Constitutional “Blaine Amendments” Facially Unconstitutional 0
- January 24, 2018
Rob’s new research demonstrates that bans on “sectarian” aid were . . . designed to require state officials to discriminate in favor of mainstream Protestantism and against any faiths they deemed “bigoted” or “extreme.”
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Supreme Court’s Ruling Against the PC Police 0
- June 23, 2017
The Supreme Court’s decision this week in Matal v. Tam sent a clear warning to government officials who seek to curtail speech they deem offensive: We won’t let you do it! The warning was particularly pointed for the PC Police at state universities who try to close down viewpoints they find “offensive.” A federal law ordered the
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Free speech, diversity of through vital to the college experience 0
- April 5, 2017
Recent events on college campuses nationwide make it clear student’s rights to free speech are in jeopardy. Campus leaders have allowed and promoted a type of Orwellian suppression of free expression that punishes deviation from specific lines of thought. Though state legislatures have made efforts to address these problems, far more needs to be done to treat the underlying disease rather than the symptoms.
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First Amendment Protection is for More Than Political Speech 0
- September 9, 2016
This article was first published in CNS News. The modern U.S. Supreme Court grants more First Amendment protection to political discourse than to other forms of expression, such as commercial advertising. The court holds that political discourse enjoys a “preferred position.” The preferred position doctrine is taught in the nation’s law schools, so many lawyers
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Three New Supreme Court Cases Show in Some Areas, the Constitution No Longer Matters 0
- July 13, 2016
Note: This article originally appeared at CNS News. An earlier version included unauthorized editing and should be disregarded. Three recent Supreme Court decisions reveal in the area of personal rights, most of the justices are applying rules unrelated to the U.S. Constitution. In two of the cases, the majority refused to protect rights expressly laid
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Antonin Scalia, RIP 0
- February 13, 2016
Justice Antonin Scalia was one of the most eloquent opinion writers in the history of the United States Supreme Court–perhaps the greatest of all. His dissents may have been the most powerful ever written. Justice Scalia was more than an outstanding lawyer: He was an perceptive social commentator. In tribute, I reproduce below his
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