Fulton and the Future of Religious Liberty

By: Megan Coates, Staff Member, Vol. 19 Introduction The Supreme Court recently heard oral argument in Fulton v. City of Philadelphia. In this case, a Catholic foster care agency resisted the City’s policy requiring agencies to certify same-sex couples as foster parents. Before reaching the Supreme Court, Fulton was heard at the Third Circuit, where … Continue reading Fulton and the Future of Religious Liberty

A Teacher, A Minister: What’s the Difference? (Quite a Lot, Actually)

By: Andrew Coyle, Staff Member, Vol. 19 Teachers as “Ministers”             In its recent opinion in Our Lady of Guadalupe School v. Morrisey-Berru, the U.S. Supreme Court changed the “ministerial exception” of the religion clauses of the First Amendment. The ministerial exception is a judge-made doctrine that a religious organization can use to bar a … Continue reading A Teacher, A Minister: What’s the Difference? (Quite a Lot, Actually)

Teacher Speech Outside of the Classroom

By: Elise Jamison, Staff Member, Vol. 19 “OnlyFans,” a subscription-based platform that allows influencers to monetize their content, has been the subject of significant publicity and contention. The site, known mostly for pornographic content, allows users to publish content to paid subscribers. Some people rely on the site as a primary source of income, while … Continue reading Teacher Speech Outside of the Classroom

First Amendment Implications of Curfews During Black Lives Matter Protests

By: Elizabeth Ernest, Staff Member, Vol. 19 Since last May, protests have taken place across the country in response to police brutality against Black Americans. In response, many cities implemented city-wide curfews. In Raleigh, North Carolina, Mayor Mary-Ann Baldwin implemented a preventive curfew in anticipation of the response to the shooting of Jacob Blake. Although … Continue reading First Amendment Implications of Curfews During Black Lives Matter Protests

Offense-Free Education in a Virtual Education World

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 … Continue reading Offense-Free Education in a Virtual Education World

Johnny Mac v. The State of California: A Pastor’s Battle to Feed His Flock Amid COVID-19

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 … Continue reading Johnny Mac v. The State of California: A Pastor’s Battle to Feed His Flock Amid COVID-19

Militarized Policing Tactics Tread Upon First Amendment Rights

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 … Continue reading Militarized Policing Tactics Tread Upon First Amendment Rights

Drugs and Religion

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 … Continue reading Drugs and Religion

Social Media: Our Virtual Monopoly #Free Speech

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 … Continue reading Social Media: Our Virtual Monopoly #Free Speech