first amendment

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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Some of the Colorado Supreme Court’s Mistakes in the Douglas County School Choice Case 0
- October 22, 2015
As people who follow education reform already know, the Colorado Supreme Court recently struck down the Douglas County school board’s school choice program. It did so based on Article IX, Section 7 of the state constitution. This is sometimes called Colorado’s “Blaine Amendment,” although that phrase is technically a misnomer. Actually, the Blaine Amendment was
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A Liberal Supreme Court Majority Grants Businesses Bill of Rights Protection 0
- June 24, 2015
This article was first published on the American Thinker website. Some on the left now argue that only individuals—not businesses or business associations such as corporations—should enjoy First Amendment rights. To be sure, their argument contradicts decisions made, not just by the current centrist Supreme Court, but also by “progressive” Supreme Court majorities throughout the
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The Arkansas-Indiana Religious Freedom Controversy: “Progressive” Hypocrisy On Display 0
- April 16, 2015
This article originally appeared at CNS News. When two of the largest corporations in the world—Walmart and Apple Computer—pressured Indiana and Arkansas politicians not to adopt laws protecting religious freedom, did you hear any howls against “corporate lobbying” or “corporate money” or corporate meddling in politics? Chances are you didn’t. Because Walmart and Apple were
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New Study Shows Campaign Disclosure Rules Violate First Amendment 0
- March 3, 2015
This article was first published at the American Thinker website. Many commentators and politicians have attacked the Supreme Court’s 2010 case of Citizens United v. Federal Election Commission for holding that citizens do not surrender their First Amendment rights when they organize under state corporation law. The Vermont state legislature has even adopted an application
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Town of Greece Case Returns the Establishment Clause To Its Original Meaning 0
- May 15, 2014
Last week I reported on Justice Thomas’ citation of my work in his concurring opinion in Town of Greece v. Galloway, a widely-discussed decision on the Establishment Clause of the First Amendment. This week, I’ll put the decision in context. The meaning of the Establishment Clause (“Congress shall make no law respecting an establishment of
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