Tag: First Amendment

SCOTUS Decision on Legislative Prayer Doesn’t Go Far Enough—Adam Freedman

 

Yesterday was a good day for religious liberty at the Supreme Court, where five justices beat back an attempt to declare prayers at town meetings unconstitutional. It could have been a great day, however, if only the Court had accepted Justice Thomas’ invitation to declare the Establishment Clause completely inapplicable to state and local governments. But I’ll get to that in a minute.

The decision in Town of Greece v Galloway  involved a small city in upstate New York (Greece) in which town board meetings open with a roll call, a recitation of the Pledge of Allegiance, and – brace yourself – a prayer given by a rotating selection of local clergymen. Two town residents sued, arguing that the predominately Christian nature of the prayers (reflecting the composition of the local clergy) violated the First Amendment’s Establishment Clause. The Court’s liberal bloc (Breyer, Ginsburg, Sotomayor, and Kagan) would have banned the town’s prayer tradition, relying on a dominant theory in many earlier cases that the First Amendment prohibits any government action that might appear to “endorse” religion. 

SCOTUS Campaign Finance Ruling: Right Outcome, Wrong Reasoning

 

Yesterday, the Supreme Court occasioned much gnashing of liberal teeth by striking down one more piece of the federal campaign finance laws. At issue was the fact that, while the law limited an individual’s contributions to any candidate to $2,600 per election, it also sets a ceiling of $48,600 in cumulative giving to candidates.

 

A Debate on Free Speech

 

I recently accepted an invitation from Jeffrey Rosen at the National Constitution Center to talk with my University of Chicago colleague Geoffrey Stone about the 50th anniversary of the Supreme Court’s decision in New York Times v. Sullivan, establishing the standards by which reporting about public officials can be considered to be defamation or libel.

In this conversation, we discuss whether this was a positive step forward for the free press or whether it needs to be revisited. Hear the debate below:

Protip from Dartmouth Student to UCSB and Stanford: Run Over Free Speech with Your Car — Greg Lukianoff

 

Being offended is what happens when you have your deepest beliefs challenged. And if you make it through four years of college without having your deepest beliefs challenged, you should demand your money back.

I have been saying that in speeches on campus for more than a decade. Even though the line often gets a laugh, the idea that students have a “right not to be offended” seems more entrenched on campus than ever.