The Supreme Court Is Making New Law in the Shadows

The justices are defying their procedural rules to rewrite the Constitution.

#biden-joseph-r-jr, #california, #decisions-and-verdicts, #first-amendment-us-constitution, #freedom-of-religion, #religion-state-relations, #scalia-antonin, #supreme-court-us, #trump-donald-j

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A Legal Winning Streak for Religion

A series of victories in the Supreme Court has fueled claims that the justices are giving preference to faith groups.

#california, #first-amendment-us-constitution, #religion-and-belief, #supreme-court-us

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By 5-4 Vote, Supreme Court Lifts Restrictions on Prayer Meetings in Homes

The court shifted direction in cases on Covid-related limits on religious services after Justice Amy Coney Barrett replaced Justice Ruth Bader Ginsburg.

#appeals-courts-us, #barrett-amy-coney, #constitution-us, #coronavirus-2019-ncov, #first-amendment-us-constitution, #ginsburg-ruth-bader, #kagan-elena, #places-of-worship, #prayers-and-prayer-books, #roberts-john-g-jr, #supreme-court-us

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This Is What Judicial Activism Looks Like on the Supreme Court

In a dissent, two conservative justices invite a case to overturn a precedent on religion in the workplace that they dislike.

#alito-samuel-a-jr, #decisions-and-verdicts, #first-amendment-us-constitution, #freedom-of-religion, #gorsuch-neil-m, #jehovahs-witnesses, #kethledge-raymond-m-1966, #marshall-thurgood, #paid-time-off, #religion-state-relations, #suits-and-litigation-civil, #supreme-court-us, #thapar-amul-r, #thomas-clarence, #united-states

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An Extraordinary Winning Streak for Religion at the Supreme Court

More broadly, one new study found, “the politicization of religious freedom has infiltrated every level of the federal judiciary.”

#christians-and-christianity, #courts-and-the-judiciary, #epstein-lee, #first-amendment-us-constitution, #freedom-of-religion, #posner-eric-a, #roberts-john-g-jr, #supreme-court-us, #united-states-politics-and-government

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The Social Justice Purge at Idaho Colleges

Republican lawmakers try to cancel diversity programs.

#academic-freedom, #boise-state-university, #colleges-and-universities, #critical-race-theory, #discrimination, #education-k-12, #first-amendment-us-constitution, #idaho, #race-and-ethnicity, #state-legislatures

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Our Lonely Chief Justice

A recent solitary dissent by John Roberts points to his isolation from the court’s other conservatives.

#alliance-defending-freedom, #barrett-amy-coney, #federal-courts-us, #first-amendment-us-constitution, #freedom-of-speech-and-expression, #ginsburg-ruth-bader, #roberts-john-g-jr, #suits-and-litigation-civil, #supreme-court-us, #thomas-clarence, #united-states

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Students Punished for ‘Vulgar’ Social Media Posts Are Fighting Back

A lawsuit against the University of Tennessee questions when schools can discipline students because of their online speech.

#civil-rights-and-liberties, #colleges-and-universities, #diei-kimberly, #education-k-12, #first-amendment-us-constitution, #freedom-of-speech-and-expression, #indecency-obscenity-and-profanity, #social-media, #suits-and-litigation-civil, #university-of-tennessee

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Don’t Let Trump’s Second Trial Change the First Amendment

The House was right to impeach the president, but the legal definition of incitement shouldn’t give way in the process.

#constitution-us, #demonstrations-protests-and-riots, #first-amendment-us-constitution, #freedom-of-speech-and-expression, #house-of-representatives, #impeachment, #mckesson-deray-1985, #republican-party, #senate, #united-states-politics-and-government

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Citing Taylor Swift, Supreme Court Seems Set to Back Nominal Damages Suits

Three justices discussed the singer in a case over whether two students could sue their college for violating their First Amendment rights.

#constitution-us, #first-amendment-us-constitution, #freedom-of-speech-and-expression, #georgia, #georgia-gwinnett-college, #suits-and-litigation-civil, #supreme-court-us, #swift-taylor, #uzuegbunam-chike, #washington-dc

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The Scary Power of the Companies That Finally Shut Trump Up

Tech giants were right to ban the president. We still need to break them up.

#amazon-com-inc, #bill-of-rights-us, #censorship, #constitution-us, #constitutional-amendments, #debates-political, #democracy-theory-and-philosophy, #dorsey-jack, #facebook-inc, #first-amendment-us-constitution, #freedom-of-speech-and-expression, #impeachment, #jones-alex-1974, #liberalism-us-politics, #libertarianism-us-politics, #navalny-aleksei-a, #parler-llc, #republican-party, #right-wing-extremism-and-alt-right, #sanders-sarah-huckabee, #science-and-technology, #silicon-valley-calif, #social-media, #storming-of-the-us-capitol-jan-2021, #trump-donald-j, #twitter

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Does Trump Face Legal Jeopardy for His Incendiary Speech Before the Riot?

The president’s actions just before his supporters’ deadly rampage at the Capitol has created new risks for him.

#constitution-us, #constitutional-amendments, #demonstrations-protests-and-riots, #ethics-and-official-misconduct, #first-amendment-us-constitution, #freedom-of-speech-and-expression, #immunity-from-prosecution, #impeachment, #justice-department, #law-and-legislation, #storming-of-the-us-capitol-jan-2021, #trump-donald-j, #united-states-politics-and-government

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Can Trump Be Charged for a Crime for Incendiary Speech Before Capitol Riot?

The president’s actions just before his supporters’ deadly rampage at the Capitol has created new risks for him.

#constitution-us, #constitutional-amendments, #demonstrations-protests-and-riots, #ethics-and-official-misconduct, #first-amendment-us-constitution, #freedom-of-speech-and-expression, #immunity-from-prosecution, #impeachment, #justice-department, #law-and-legislation, #storming-of-the-us-capitol-jan-2021, #trump-donald-j, #united-states-politics-and-government

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Fear Spreads in Minnesota Town as ‘Extremist Group’ Moves to Open Church

Many residents of Murdock, Minn., said they were horrified that an organization condemned by watchdogs as a white supremacist hate group would open a church. City leaders said they had little choice but to grant a permit.

#asatru-folk-assembly, #first-amendment-us-constitution, #local-government, #murdock-minn, #race-and-ethnicity, #religion-and-belief, #religion-state-relations, #right-wing-extremism-and-alt-right, #whites, #zoning

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Have Trump’s Lies Wrecked Free Speech?

A debate has broken out over whether the once-sacrosanct constitutional protection of the First Amendment has become a threat to democracy.

#constitution-us, #constitutional-amendments, #cyberharassment, #first-amendment-us-constitution, #freedom-of-speech-and-expression, #presidential-election-of-2020, #republican-party, #trump-donald-j, #united-states-politics-and-government, #wu-timothy

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A Cheerleader’s Vulgar Message Prompts a First Amendment Showdown

A Pennsylvania school district has asked the Supreme Court to rule on whether students may be disciplined for what they say on social media.

#cyberharassment, #education, #education-k-12, #first-amendment-us-constitution, #freedom-of-speech-and-expression, #school-discipline-students, #social-media, #supreme-court-us

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Justice Amy Coney Barrett’s Choice

Will she join the Supreme Court’s grievance conservatives?

#barrett-amy-coney, #constitution-us, #first-amendment-us-constitution, #freedom-of-religion, #ginsburg-ruth-bader, #gorsuch-neil-m, #kavanaugh-brett-m, #new-york-state, #roberts-john-g-jr, #roman-catholic-church, #same-sex-marriage-civil-unions-and-domestic-partnerships, #sotomayor-sonia, #supreme-court-us, #thomas-clarence, #trump-donald-j

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Case on Churches, Cuomo and Coronavirus Arrives at Supreme Court

The general question in cases in California, Nevada and New York is whether government officials or judges should calibrate responses to the public health crisis.

#brooklyn-nyc, #coronavirus-2019-ncov, #cuomo-andrew-m, #decisions-and-verdicts, #first-amendment-us-constitution, #freedom-of-religion, #roman-catholic-church, #supreme-court-us

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Justice Amy Coney Barrett Hears Her First Supreme Court Argument

But she did not take part in a pair of unsigned decisions in favor of a Black Lives Matter activist and a prisoner held in abusive conditions.

#barrett-amy-coney, #decisions-and-verdicts, #eighth-amendment-us-constitution, #first-amendment-us-constitution, #fish-and-wildlife-service, #freedom-of-information-act, #mckesson-deray-1985, #sierra-club, #supreme-court-us, #united-states-politics-and-government

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A Question of Life and Death Looms for Amy Coney Barrett

If confirmed, she may soon have to reconcile her Catholic morality and the law over a death penalty case.

#alito-samuel-a-jr, #barrett-amy-coney, #capital-punishment, #constitution-us, #criminal-justice, #first-amendment-us-constitution, #francis, #freedom-of-religion, #john-paul-ii, #kavanaugh-brett-m, #murders-attempted-murders-and-homicides, #prisons-and-prisoners, #roman-catholic-church, #supreme-court-us, #texas

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An Editor’s Note on the Trump Tax Investigation

The New York Times has examined decades of President Trump’s financial records, assembling the most comprehensive picture yet of his business dealings.

#federal-taxes-us, #first-amendment-us-constitution, #freedom-of-the-press, #new-york-times, #trump-tax-returns, #trump-donald-j, #united-states-politics-and-government

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A College’s ‘Free Speech Areas’ Face Supreme Court Review

The justices will consider whether a student’s First Amendment lawsuit may proceed after a college in Georgia abandoned its restrictions.

#appeals-courts-us, #carr-christopher-m, #colleges-and-universities, #first-amendment-us-constitution, #freedom-of-speech-and-expression, #georgia, #religion-and-belief, #suits-and-litigation-civil, #supreme-court-us, #uzuegbunam-chike

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Homeland Security Shuts Down ‘Intelligence’ Reports on Journalists

The acting secretary of homeland security said that he would investigate his department’s dissemination of the tweets of journalists who uncovered agency documents.

#civil-rights-and-liberties, #federal-state-relations-us, #first-amendment-us-constitution, #news-and-news-media, #news-sources-confidential-status-of, #portland-ore, #trump-donald-j, #united-states-politics-and-government

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Split 5 to 4, Supreme Court Rejects Nevada Church’s Challenge to Shutdown Restrictions

The church said it was subject to more severe limits than casinos and restaurants.

#coronavirus-2019-ncov, #decisions-and-verdicts, #first-amendment-us-constitution, #freedom-of-religion, #nevada, #roberts-john-g-jr, #supreme-court-us

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Government Denies Cohen Was Imprisoned to Stop Trump Book

The denial came in response to a lawsuit filed by Michael Cohen, the president’s former lawyer, that said he was being punished for speaking out.

#barr-william-p, #cohen-michael-d-1966, #ex-convicts, #federal-bureau-of-prisons, #first-amendment-us-constitution, #freedom-of-speech-and-expression, #justice-department, #new-york-city, #otisville-ny, #presidential-election-of-2020, #prison-guards-and-corrections-officers, #prisons-and-prisoners, #trump-donald-j, #united-states-politics-and-government, #washington-dc

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Colleges Rescinding Admissions Offers as Racist Social Media Posts Emerge

Amid a national accounting over racism after George Floyd’s death, at least a dozen schools have revoked admissions offers to incoming students.

#admissions-standards, #black-lives-matter-movement, #colleges-and-universities, #discrimination, #first-amendment-us-constitution, #floyd-george-d-2020, #freedom-of-speech-and-expression, #george-floyd-protests-2020, #race-and-ethnicity, #social-media, #united-states

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Judge Weighs Administration Request to Order Bolton to Try to Pull Back Book

A lawyer for President Trump’s former national security adviser called the request “theater,” portraying it as legally and practically impossible.

#bolton-john-r, #books-and-literature, #classified-information-and-state-secrets, #cooper-charles-j, #first-amendment-us-constitution, #freedom-of-speech-and-expression, #justice-department, #lamberth-royce-c, #national-security-council, #simonschuster-inc, #the-room-where-it-happened-a-white-house-memoir-book, #trump-donald-j, #united-states-politics-and-government

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The Constitutional Separation of Church and State Faces Demise

The government is allowing federal pandemic aid to pay for clergy salaries, something that once would have been unthinkable.

#clergy, #constitution-us, #coronavirus-2019-ncov, #coronavirus-aid-relief-and-economic-security-act-2020, #federal-taxes-us, #first-amendment-us-constitution, #freedom-of-religion, #private-and-sectarian-schools, #religion-state-relations, #small-business

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A.C.L.U. Sues Minneapolis, Claiming Police Tactics Violated Freedom of Press

The organization filed the suit on behalf of a reporter who said he was hit in the face with a projectile shot by police as he was covering a protest.

#american-civil-liberties-union, #black-lives-matter-movement, #first-amendment-us-constitution, #floyd-george-d-2020, #freedom-of-the-press, #george-floyd-protests-2020, #minneapolis-minn, #news-and-news-media, #police-brutality-misconduct-and-shootings, #washington-post

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Trump’s Twitter Executive Order Is Unconstitutional Harassment

His executive order aimed at social media companies should be ignored.

#executive-orders-and-memorandums, #first-amendment-us-constitution, #freedom-of-speech-and-expression, #social-media, #trump-donald-j, #twitter

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Supreme Court, in 5-4 Decision, Rejects Church’s Challenge to Shutdown Order

A California church argued that restrictions on public gatherings treated houses of worship worse than many businesses.

#constitution-us, #coronavirus-2019-ncov, #first-amendment-us-constitution, #freedom-of-religion, #newsom-gavin, #quarantines, #religion-state-relations, #supreme-court-us, #trump-donald-j

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What is Section 230? Legal Shield for Websites is the Targeted by Trump

Section 230, from a 1996 federal law, was meant to protect young internet companies from liability. Lawmakers have threatened to change it.

#censorship, #computers-and-the-internet, #cyberharassment, #facebook-inc, #first-amendment-us-constitution, #freedom-of-speech-and-expression, #google-inc, #libel-and-slander, #section-230, #social-media, #twitter, #united-states-politics-and-government

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The Coronavirus Protests Are Protected by the Constitution

Although some states have tried to ban them, anti-lockdown demonstrations are protected by the First Amendment.

#coronavirus-2019-ncov, #first-amendment-us-constitution, #freedom-of-speech-and-expression, #politics-and-government, #supreme-court-us

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Judge Dismisses Lawsuit Challenging Censorship of Writings by Ex-Officials

The plaintiffs will appeal. They argued that a system that requires review before publication is unconstitutionally “dysfunctional.”

#books-and-literature, #classified-information-and-state-secrets, #decisions-and-verdicts, #first-amendment-us-constitution, #freedom-of-speech-and-expression, #justice-department, #suits-and-litigation-civil, #united-states-politics-and-government

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