Analysis and Commentary on Speech and Religion

Godly Rhetoric in Presidential Campaigns: Cruz, Rubio, and Reagan

Cardozo law professor Marci Hamilton comments on the use of religious terms in among the Republican presidential candidates, particularly terms that refer to a specific religio-political world view. Hamilton especially critiques Cruz’s and Rubio’s invocation of Ronald Reagan’s name, pointing out that Reagan tried to bring Americans together in his speeches, even in his references to God.

How Un-rule-y is the First Amendment?

Cornell University law professor Michael Dorf considers an issue on which the U.S. Supreme Court recently heard oral argument: whether the First Amendment protects a government employee from adverse action based on the government’s mistaken belief that the employee was engaged in speech or association. Dorf highlights the nuances of the case and whether there is a meaningful difference between rule-guided conduct and reason-guided conduct.

Heading for The Dark Side of Journalism

Former counsel to the president John W. Dean continues his discussion of the controversial investigative report by Al Jazeera Investigates that implicates several elite American athletes of illegal doping. Dean discusses the two lawsuits filed in federal court in the District of Columbia and the possible role an anti-SLAPP statute might play in those lawsuits.

The Supreme Court Could Hear a Third License Plate Case

Cornell University law professor Michael Dorf comments on a case involving free speech on license plates that may reach the U.S. Supreme Court in the near future. As Dorf points out, if the Court agrees to hear the case, it will be the third major license plate case it has decided. Dorf argues that the appeals court in the present case most likely erred in failing to protect the plaintiff’s right against compelled speech, but a broadly written Supreme Court opinion reversing the lower court could potentially undermine anti-discrimination law.

Donald Trump and the Need for Civil, Accurate Discourse

Cardozo law professor Marci Hamilton argues that Donald Trump and his extreme comments illustrate the need for civil, accurate discourse, rather than blunderbuss and showmanship. Hamilton points to the work by the Program in Research on Religion and Urban Civil Society at the University of Pennsylvania, which is conducting a social experiment that shows that people from different sides of the political/religious divide can have a meaningful conversation and reach agreement for the common good.

The Opposite of ISIS Is the First Amendment, And Its Members Are Extremist Islamic Terrorists

Cardozo law professor Marci Hamilton argues that the First Amendment of the U.S. Constitution stands for the opposite of everything that ISIS stands for, and furthermore, that denying the religious roots of Islamic terrorists does a disservice both to peaceful Muslims and to the public at large. Hamilton points out that by identifying ISIS as religious extremists, we can better accept that they are dogmatic, unbending fundamentalists rather than mere political actors.

Pope Francis Visits Philadelphia and Promises No More Secrets

Cardozo law professor Marci Hamilton comments on the recent visit by Pope Francis to Philadelphia on the ten-year anniversary of the release of the landmark Grand Jury Report on Sexual Abuse in the Philadelphia Archdiocese. Hamilton argues that now is the time for state legislators to eliminate statutes of limitations for civil sex abuse suits and revive those claims that have expired due to short statutes of limitations.

Federal District Court Invalidates Idaho “Ag-Gag” Law

Cornell University law professor Michael Dorf discusses the implications of a recent decision by a federal district court invalidating an Idaho law that criminalizes entering a “agricultural production facility” under false pretenses and also criminalizes creating an audio or video recording of what takes place there without authorization from the owners—known as an Ag-Gag law.

The Hijacking of the Term “Religious Liberty” for Political Gain

Cardozo law professor Marci Hamilton explains how politicians have intentionally conflated constitutional religious liberty—which comes from the First Amendment of the Constitution—and statutory religious liberty—which originated in the Religious Freedom Restoration Act of 1993—for political gain. Hamilton describes the many differences between these two types of religious liberty and calls upon politicians and journalists to disambiguate the term.

What the Supreme Court Should Have Said in the Confederate Flag Texas License Plate Case

UC Davis law professor Vikram David Amar discusses the U.S. Supreme Court’s recent decision in Walker v. Texas Division, Sons of Confederate Veterans, Inc., in which the Court held that Texas could, consistent with the First Amendment, reject a specialty license plate design application due to its prominent use of the Confederate battle flag. Amar argues that the Court’s reasoning might lead to problems in future disputes and offers a different rationale for reaching the same result that would have avoided such problems.

The Fifth Circuit Joins the Growing Line of Courts Rejecting RFRA Arguments Against the Affordable Care Act’s Contraceptive Accommodation for Religious Nonprofit Employers

Cardozo law professor Marci Hamilton comments on a recent decision by the U.S. Court of Appeals for the Fifth Circuit holding that RFRA does not immunize religious nonprofits from the requirement under the Affordable Care Act that they notify the government of their beliefs in order to be exempt from paying for their employees’ contraception.

Meet our Columnists

Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois... more

Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar, a Professor of Law at The George Washington... more

Sherry F. Colb

Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb... more

John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973... more

Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has... more

Joanna L. Grossman

Joanna L. Grossman is the Sidney and Walter Siben Distinguished Professor of Family Law at the... more

Marci A. Hamilton

Marci A. Hamilton is one of the leading church/state scholars in the United States and the Paul R... more

David S. Kemp

David S. Kemp is an attorney, writer, and editor at Justia. He received his B.A. in Psychology from... more

Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of Record... more

Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School of... more

Ronald D. Rotunda

Ronald D. Rotunda is the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, at... more