By: Shauna Baker-Karl, Staff Member Vol. 19 Introduction A college student is asking the Supreme Court to decide whether he has a First Amendment right to be offensive in a virtual classroom. The Second Circuit recently held that a professor at a public college could delete a student’s message board post without violating the student’s …
By: Luke Maher, Staff Member Vol 19 “We will obey God rather than men… We’re going to leave the results to Him”. These are the words of Grace Community Church head pastor John MacArthur. The person sometimes affectionately referred to as Johnny Mac by his followers has made it clear that he does not plan …
By Dreshawn McFadden, Staff Member Vol. 19 Free Speech and the Chilling Effects of Police Tactics During my first year of law school, I was reintroduced to the renowned First Amendment to the US Constitution, which states, “Congress shall make no law … abridging the freedom of speech, or of the press; or the right …
By: Haley Tanner Religion in the United States The United States is home to many ethnicities, races, and religions. And our government is often faced with competing interests. It is important for Congress and the courts to hold the government to a high standard when considering restrictions on religion. Two important cases that consider religious …
By: Maian Adams In a 1939 opinion, Justice Owen J. Roberts wrote “[w]herever the title of streets and parks may rest, they have immemorially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions. Such use …
By: Aaron Thomas Fadden Setting the Stage This past July in Barr v. American Ass’n. of Political Consultants, Inc., the Supreme Court reaffirmed that companies cannot use automated systems to contact consumers, holding that while the Telephone Consumer Protection Act of 1991 was constitutional, the 2015 amendment which provided an exception allowing the U.S. Government …
By: Claire Lieberman Introduction States enacted various guidelines in March and April to promote social distancing in an effort to combat the spread of COVID-19. By the end of April, 35 states had either completely prohibited religious gatherings or limited them to some extent. In contrast, 15 states exempted religious gatherings from stay-at-home directives, describing …
By: Rolf Lundberg, Staff Writer A. The Alternative Channel Through the First Amendment, Americans are arguably afforded greater protection of their speech than in any other western democracy. However, those protections are not boundless. Under certain circumstances the government is compelled to, and may, prohibit free speech in some public forums. In order for such …
By: Caroline Christman Freedom of Association First Amendment theories suggest that political party affiliation should not be a deciding factor when considering judicial hopefuls. The First Amendment to the U.S. Constitution, which protects free speech, also implies the freedom of association to every U.S. citizen. A bedrock principle for the protection of free speech by …
By: Kristopher L. Caudle* The First Amendment to the United States Constitution provides two fundamental guarantees for all citizens: The government shall not establish an official religion; and the government shall not infringe upon a citizen’s right to freely exercise their chosen religion. However, the Supreme Court continues to recognize areas where there is ample …