Erosion of Lee v. Weisman in the Lower Courts
Last month, in one of the largest curtailments of the Establishment Clause in recent history, the Seventh Circuit Court of […]
Amicus, Freedom of Expression
Freedom of Expression
Amicus, Education & Youth, Freedom of Expression
Cyberbullying and the Tinker Standard
In the wake of several recent high-profile tragedies, several states have enacted or toughened laws aimed at suppressing the phenomenon
Amicus, Education & Youth, Freedom of Expression, Labor and Employment
Employment Discrimination Law in Parochial Schools
“[T]his is tough and I’m stuck on this.” Justice Breyer expressed the prevailing theme of the oral arguments before the Supreme Court in Hosanna-Tabor v. EEOC. The oral arguments demonstrated that the justices are having a difficult time delineating the boundaries of the ministerial exception. Professor Laycock sketches out a broad ministerial exception that would prevent judges from interpreting religious doctrines where a church’s interpretation could reasonably vary […]
Amicus, Freedom of Expression
The "Irvine 11" and the Boundaries of Hecklers' Rights
The arrest of a group of Muslim students in California for heckling a speech by the Israeli ambassador to the
Amicus, Freedom of Expression
Assessing State Responses to Snyder v. Phelps
In its decision earlier this year in Snyder v. Phelps, the Supreme Court controversially held that the First Amendment protected
Amicus, Freedom of Expression, Voting and Elections Rights
Deconstructing the Emergence and Effect of Super PACs
Stephen Colbert has increased the visibility of super PACs with Americans for a Better Tomorrow, Tomorrow. And if Colbert’s goal is
Amicus, Freedom of Expression
First Circuit Affirms Right to Record the Police
In a ruling that could play a significant role in solidifying the emerging consensus that citizens have a constitutional interest
Amicus, Freedom of Expression
"In God We Trust"… except in math class
Last week, a three-judge panel of the Ninth Circuit Court of Appeals ruled unanimously that a California school district did
Courts & Judicial Interpretation, Freedom of Expression, Human Rights, LGBTQ Rights
CR-CL News Round-up
A round-up of some of the top stories in civil rights and civil liberties news.
Amicus, Criminal Justice, Education & Youth, Freedom of Expression
[Update] Supreme Court Won't Review Duty To Cheer For Your Rapist
The Supreme Court has declined to take the case of a Texas high school cheerleader who was kicked off the squad after refusing to cheer for the basketball player whom she alleges raped her. The Fifth Circuit ruling not only upheld the school’s right to punish her for refusing to cheer, but dismissed her suit as frivolous, requiring her family to cover the school’s legal fees.
Amicus, Courts & Judicial Interpretation, Criminal Justice, Freedom of Expression, Human Rights
In Their Own Words: Supreme Court Favors States’ Rights Over Religious Freedom
In a relatively little-noted decision last term, the Supreme Court favored a particular vision of federalism over the protection of religious freedom. The 6-2 ruling, in Sossamon v. Texas, barred money damages in private actions brought by prisoners against state and local governments under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). Sossamon continues a trend of denying prisoners any effective opportunity for the enforcement of their rights.