“[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
The arrest of a group of Muslim students in California for heckling a speech by the Israeli ambassador to the United States has evoked an unusually heated response, injecting geopolitical rancor into an already-polarizing question on the limitations of free speech on college campuses. Varying
In its decision earlier this year in Snyder v. Phelps, the Supreme Court controversially held that the First Amendment protected the speech of protesters at a Maryland military funeral against tort claims. In vindicating the free speech rights of the members of the fringe Westboro
Stephen Colbert has increased the visibility of super PACs with Americans for a Better Tomorrow, Tomorrow. And if Colbert's goal is to initiate discussion about super PAC impact, he may satisfy his goals. But if Colbert wants to reform this new vehicle for political spending, the
In a ruling that could play a significant role in solidifying the emerging consensus that citizens have a constitutional interest in monitoring the activities of police officers, the First Circuit recently recognized that a Massachusetts man’s right to video and audio record police making an
Last week, a three-judge panel of the Ninth Circuit Court of Appeals ruled unanimously that a California school district did not violate a teacher’s free speech rights by ordering him to remove posters bearing the national motto, among other phrases.
In late 2006, Bradley Johnson, a
A round-up of some of the top stories in civil rights and civil liberties news.
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
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
According to the Roberts Court, the only form of “corruption” that the Government has a legitimate interest in seeking to prevent through campaign finance regulation is quid pro quo corruption, i.e. the trading of cash for votes. By limiting the “corruption” interest in this