The Supreme Court of North Carolina held this month that the arrest of a drunk driver by a police officer of a private Presbyterian university did not violate the Establishment Clause. The ruling represents a major victory for religiously affiliated universities throughout the country, many
As a legal matter, the ruling is in keeping with courts’ increasingly deferential interpretations of the standards governing school regulation of student speech. Perhaps more so than other recent school speech cases, however, it helps illustrate one of the most problematic aspects of the Supreme
On November 15th, New York Supreme Court Judge Michael D. Stallman denied an application by Occupy Wall Street protesters for a temporary restraining order preventing police from removing them from Zuccotti Park in lower Manhattan. Judge Stallman found that the First Amendment does not extend
Judge Leon’s ruling reflects a legitimate doctrinal concern: even for a particularly disfavored type of commercial speech such as cigarette advertising, there are limits on the extent to which companies can be forced to serve as a conduit for government speech unrelated to the truth
Whatever their excesses or ideological inconsistencies, they have clearly tapped into a widely felt discontent whose strength is manifested not so much by verbal communication as by the act of gathering together and providing a visible demonstration of solidarity and demographic strength. A stronger conception
The defense attorneys for Tarek Mehanna, on trial in federal court in Boston accused of providing material support for terrorism, will try to convince a jury that Mehanna is being denied his “freedom of thought and the right of private judgment,” and that in
A French court last week ordered internet service providers in the country to block all access to a “Copwatch” site after vigorous complaints by the government and police organizations against the site and its users. An unusually harsh imposition of internet censorship even by the
Last month, in one of the largest curtailments of the Establishment Clause in recent history, the Seventh Circuit Court of Appeals held that public schools in Wisconsin could hold high school graduation ceremonies in churches without offending the First Amendment.
For nearly ten years, Brookfield Central
In the wake of several recent high-profile tragedies, several states have enacted or toughened laws aimed at suppressing the phenomenon of cyberbullying. On one hand, new legislation often represents the much-needed updating of outdated stalking and harassment laws to reflect the prevalence of online communication.
“[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