Articles Posted in Speech and Religion

Cardozo law professor Marci Hamilton describes how the conservative Christian agenda is steadily making its way into law, first through the federal RFRA, and then subsequently in other ways.

UC Davis law professor Vikram David Amar comments on the case currently before the U.S. Supreme Court regarding Texas’s rejection of a custom license plate application that included the Confederate flag. Specifically, Amar considers three First Amendment issues raised during the recent oral argument for that case.

In light of recent controversy in Indiana and Arkansas over RFRAs, Cornell University law professor Michael Dorf discusses the nuanced question whether courts should interpret a general RFRA to apply in private litigation if the statute is silent on the matter.

Cardozo law professor Marci Hamilton discusses the dangers not only of the recently passed Indiana Religious Freedom Restoration Act (RFRA), but also the even more extreme Arkansas RFRA that just passed in that state.

Cardozo Law professor Marci Hamilton discusses the danger of state RFRAs, particularly in light of Indiana’s recent passage of such a law. Hamilton cautions that such laws pose a serious threat to society and despite their name, do not “restore” nothing previously in laws.

UC Davis law professors Vikram David Amar and Alan E. Brownstein discuss the so-called “Sodomite Suppression Act”—a recently proposed California initiative. Amar and Brownstein argue that despite the clear illegality and immorality of the proposed initiative, many of the suggestions that the attorney who proposed it be punished or that the initiative process be altered to prevent these types of initiatives are themselves unconstitutional in some cases, and at best ill-advised in other cases.

Cardozo law professor Marci Hamilton discusses the recent unanimous decision by the U.S. Court of Appeals for the Seventh Circuit holding that the Milwaukee Archdiocese is subject to the facially neutral bankruptcy laws against fraud during proceedings, despite its claims, based on free exercise arguments, to the contrary.

Cardozo law professor Marci Hamilton discusses the recent push by certain organizations to increase their political spending while remaining anonymous.

Cardozo law professor Marci Hamilton comments on the religious exemption regime in place in Idaho and critiques it for putting children at serious risk of harm.

Chapman University law professor Ronald Rotunda argues that in the aftermath of the Charlie Hebdo murders, we should even more fervently defend the freedom of speech rather than engage in self-censorship.

Cardozo law professor Marci Hamilton calls upon state legislators to repeal the laws that permit parents to refuse to vaccinate their children to the children’s detriment as well as to the detriment of the public.

Hofstra University law professor Joanna Grossman and Stanford University law professor Lawrence Friedman discuss the ways in which legislation can (and cannot) address the phenomenon of “revenge porn.” Grossman and Friedman point out that while the similar offense of blackmail has existed for many years, only recently, with the aid of the Internet, has this new form of harassment become a serious issue for lawmakers to consider.

Cardozo law professor Marci Hamilton discusses the U.S. Supreme Court’s decision in Holt v. Hobbs, holding that the Arkansas prison system’s beard-length requirements violate the federal Religious Land Use and Institutionalized Persons Act.

Cardozo law professor Marci Hamilton explains how the “religious liberty” supported by conservative Republicans is thinly veiled discrimination against the LGBTQ community and women.

Cornell University law professor Sherry Colb discusses the differences between the Fourth Amendment and the First Amendment with respect to the “fruit of the poisonous tree,” in the context of the recent Sony hack and widescale publication of the private data exposed by the cyber-attack.

Cornell University law professor Michael Dorf discusses a case in which the U.S. Supreme Court recently granted review to consider whether Texas may constitutionally deny an application for a custom state-issued license plate with a Confederate battle flag logo.

Cardozo law professor Marci Hamilton reviews 2014 in terms of the developments (both forward and backward) in child protection issues. Hamilton concludes that while there are some good reasons to celebrate 2014, we should not slow down the fight for child protection in 2015.

Cornell University law professor Sherry Colb discusses a case currently before the U.S. Supreme Court, Elonis v. United States, in which the Court will consider what constitutes a “true threat.” Specifically, Colb considers whether the First Amendment right of free speech prevents criminalization of threatening speech only if the speaker intended to bring about fear of bodily harm or death, or if it is enough that a reasonable person uttering those words would have anticipated they would be interpreted as such a threat.

Cardozo law professor Marci Hamilton comments on the ways the Internet has helped promote transparency and correct misinformation, particularly in religious organizations.

Cardozo Law professor Marci Hamilton explains how extreme religious liberty undermines the ability of the government to quarantine individuals with Ebola or other highly infectious diseases.