Categories
Constitutional Law

Coming Soon to a Public School Near you: PRAYER!

The Supreme Court handed down a landmark decision in Kennedy v. Bremerton School District on Monday, overruling Lemon v. Kurtzman, a 1971 case laying out how the government must keep its distance from religion. Just another long-standing precedent thrown out by the 6-3 conservative majority that is rolling back, at break neck speed, protections and rights long fought […]

Categories
Constitutional Law

SCOTUS Likely to Side with Coach in School Prayer case

Listening to the oral argument today in the case involving Coach Joseph Kennedy from Bremerton Wash. I can read the writing on the wall. A door is going to be opened in the solid wall that prohibits prayer in schools. To me, the US Supreme Court’s conservative majority seemed to be searching for a way […]

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Constitutional Law Criminal Law

Fed Ct: Officer Immune for Arresting Florida Man with “I Eat Ass” Bumper Sticker on His Truck

In a funny-not-funny example of the wide berth given to police officers under the qualified immunity doctrine, a Federal Court in Florida dismissed a wrongful arrest suit brought by Dillon Webb after he was arrested for displaying an “I Eat Ass” bumper sticker on his truck. Dillon Shane Webb, 23, was stopped on a highway […]

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Constitutional Law

SCOTUS Gives Students Big Win in 1st Am. Case

The Supreme Court ruled in favor of a former high school cheerleader who argued that she should not be punished by her public school for posting a profanity-laced caption on Snapchat when she was off school grounds. The case involving a Pennsylvania teenager was closely watched to see how the court would balance the free speech rights […]

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Constitutional Law Employment Law

SCOTUS dissent is message to reverse Church/State law

The Supreme Court deciding not to hear a case is a regular occurrence. Getting SCOTUS to hear a case is exceedingly hard, and as Chief Justice, John Roberts has shrunk the Court docket to 1960s numbers. But what seems like a quiet little denial of certiorari yesterday is actually a not-so-cryptic message from the right […]

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Constitutional Law Criminal Law

Texas Indictment of Netflix Over “Cuties” Violates First Amendment, Denigrates Art

There is much wrong with a Texas County deciding to indict Netflix for its distribution of the French film Cuties. First about the movie – Netflix released “Cuties,” originally titled “Mignonnes,” last month to strong national reaction. The French-language film centers on 11-year-old Amy, a Senegalese immigrant, who becomes a member of a dance group dubbed the “Cuties.” […]

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Entertainment Law Litigation

Joy Reid Loses Libel Suit but Big Loser Will Be Media

Prominent MSNBC anchor Joy Reid lost a big appellate decision that will shape the rules of many cases involving free speech. Fighting this case made no sense and in the end it dealt a large blow to protections long relied upon by the media. Last week, the Second Circuit Court of Appeals reinstated libel claims from […]

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Constitutional Law

SCOTUS Opinion on COVID Church Restriction is Brief But Says a lot About the Court.

A few days ago, at midnight, the Supreme Court rejected a church’s challenge to California’s COVID-19 restrictions by a 5–4 vote, with Chief Justice John Roberts joining what is considered the liberal wing of Breyer, Sotomayor, Ginsburg and Kagan. In a pointed concurring opinion, Roberts chided the conservative wing for trying to override public health […]

Categories
Constitutional Law

When is a 40 ft. Cross on Public Land Not a Religious Endorsement? When SCOTUS Says So, That’s When.

The Supreme Court ruled on June 20, 2019 that a 40-foot World War I memorial in the shape of a Christian cross on Maryland public land does not violate the U.S. Constitution. The American Humanist Association, a nonprofit that promotes the separation of church and state, originally sent a letter  to the Maryland-National Capital Park […]