Posts Tagged ‘religious liberty’

First Amendment roundup

  • How the courts came to extend First Amendment protection to art, music, movies, and other expression not originally classed as “press” or “speech” [new Mark Tushnet, Alan Chen, and Joseph Blocher book via Ronald Collins]
  • Cato amicus: church enterprises should be eligible for recycling program on same terms as secular businesses [Ilya Shapiro and Jayme Weber]
  • “A Political Attack On Free Speech And Privacy Thwarted — For Now” [George Leef, Forbes on AFP v. Harris, earlier] Bill filed by Rep. Peter Roskam would keep IRS from collecting names of donors to nonprofits [Center for Competitive Politics]
  • Newly enacted Tennessee conscience exemption for psychological counselors and therapists avoids some of the dangers of compelled speech [Scott Shackford, Reason]
  • Cook County Sheriff Thomas Dart, benchslapped by Judge Richard Posner after sending credit card companies letters urging them to cut off dealings with Backpage.com, now seeks Supreme Court certiorari review [Ronald Collins, earlier here, here, and here]
  • One problem with that Mississippi law: it gives extra protection to some religious beliefs about sex and marriage but not others [Popehat; my guest appearance on Mike Slater show, San Diego’s KFMB]

More state battles on religion, sex, and discrimination law

Enough already with the bans on so-called inessential travel: short of an impending civil war, boycotts, sanctions, and embargos against U.S. states by the governments of other U.S. states and cities are a truly bad idea [Nathan Christensen, Washington Post]

Relatedly, Gillian White quotes me in the Atlantic on North Carolina’s HB 2 controversy, the latest in a series of battles over discrimination law, religion, business, and LGBT persons, at this point almost entirely symbolic to large publics on both sides, with the considerable differences between particular enactments (Georgia, Mississippi, Indiana, etc.) seeming to matter relatively little. Finding accurate reporting on what the employment provisions of North Carolina’s HB 2 would do is not easy, as Robin Shea discovered [Employment and Labor Insider]

Finally, I’ve got a letter to the editor in the Wall Street Journal responding to an opinion piece the paper had run by Georgia state senator William Ligon:

Sen. Ligon misstates the scope of North Carolina’s new law when he writes that “the new law simply prevents local governments from forcing business owners to adopt” policies on transgender bathroom use. As a libertarian, I would be fine with the new law if that were all it did, but in fact Sen. Ligon is describing only Part III of the bill. Part I of the bill imposes affirmative, uniform new duties of exclusion on North Carolina government entities such as schools, town halls, courthouses, state agencies and the state university system, taking away what had generally been at local discretion. This not only will inflict needless burdens on a small and vulnerable sector of the public, but presumes to micromanage local governments and districts in an area where they had not been shown to be misusing their discretion. Whatever the merits of the rest of the bill, the provisions on state-furnished bathrooms are a good example of how legislation in haste from the top down can create new problems of its own.

Walter Olson
Cato Institute
Washington

First Amendment Defense Act, draft two

Both sides in the culture war are gearing up for a fight in Congress on the proposed First Amendment Defense Act (FADA), which would establish various rights for persons and institutions who object to same-sex marriage. The bill’s text, however, has proved a moving target (earlier here and here). Scott Shackford at Reason gets farther into the details than the mainstream media has done.

Relatedly, Rod Dreher writes at the American Conservative that as a social conservative who resisted gay marriage, but now considers that cause lost, he believes fellow thinkers concerned with religious liberty should look to ally with libertarians. He recommends Shackford’s recent piece in Reason (which quotes me on adoption issues) noting the organized gay movement’s ever wider split from libertarians on issues of central government power, individual liberty and free association.

October 21 roundup

  • “Rightscorp’s Copyright Trolling Phone Script Tells Innocent People They Need To Give Their Computers To Police” [Mike Masnick, TechDirt]
  • “‘Affordable housing’ policies have made housing less affordable” [Matt Welch, L.A. Times]
  • South Mountain Creamery case: “Lawmakers Call for Return of Cash Seized From Dairy Farmers” [Tony Corvo/Heartland, quotes me, earlier on this structuring forfeiture case]
  • Be prepared to explain your social media trail, like by like: “Supreme Court confirmation hearings in 2035” [Orin Kerr]
  • From Eugene Volokh, what looks very much like a case against assisted suicide, embedded in a query about whether state Religious Freedom Restoration Acts (RFRAs) might cut a legal path to it [Volokh Conspiracy]
  • “The complaint also indicated that the injuries could affect Reid’s ability to secure employment” after Senate exit [Roll Call on Majority Leader’s suit against exercise equipment firm over eye injury]
  • Amazon responds to NYT’s “everyone cries at their desk” hatchet job on its workplace culture [Jay Carney, Medium]

Supreme Court roundup

The Court begins its new term each year on the first Monday in October:

September 23 roundup

Workplace religious accommodation, cont’d

A Muslim flight attendant has filed an EEOC complaint against ExpressJet; among her allegations are that the company has not adequately accommodated her desire not to serve alcohol to patrons, even though she says an arrangement under which she handed off that task to colleagues had previously proved workable [CBS Detroit] Eugene Volokh has a lengthy explainer on workplace religious accommodation, and argues that Kim Davis would have had a more colorable legal case had her lawyers filed under Kentucky’s state Religious Freedom Restoration Act (RFRA). And at Cato’s Constitution Day on September 17 I’ll be discussing my forthcoming piece on EEOC v. Abercrombie & Fitch, the hijab-accommodation case.

July 22 roundup

Just not in frosting

“Printing business has First Amendment and RFRA right to refuse to print gay pride festival T-shirts” [Eugene Volokh] The Lexington Human Rights Commission had ordered employee training for a t-shirt printer that had objected to printing messages it disagreed with, but a Kentucky trial court judge threw out the order citing both the First Amendment to the U.S. Constitution and Kentucky’s version of the Religious Freedom Restoration Act, here applicable to a corporation as defendant since it was an incorporated business that had been the target of the discrimination complaint. Compare the bake-my-cake cases, which have generally come out the other way. And see in the U.K., “Patrick Stewart backs bakery after ‘gay cake’ court battle”: Independent, Telegraph, Katherine Mangu-Ward/Reason.

Controversial speech, the Texas attack, and the murderer’s veto

The unsuccessful attack on an exhibition of Mohammed cartoons in Garland, Texas, near Dallas, is the most recent attempted mass murder on American soil endeavoring to silence expression bothersome to radical Islamists; it is unlikely to be the last. Some thoughts assembled from Twitter:

One early, ill-considered reaction from the legacy media:

But the legacy media coverage didn’t necessarily improve after a day for reporting and reflection:

As commentators have pointed out, the narrow “fighting words” exception in today’s First Amendment law is generally reserved for (at most) face-to-face insults likely to provoke an on-the-spot brawl, not to derogatory speech more generally:

Echoes of the PEN awards controversy going on at the same time:

On which memorably, also, Nick Cohen in the Spectator.

Earlier on the Charlie Hebdo and Copenhagen attacks.

More: Ken White skewers that awful McClatchy piece with its misunderstandings about “fighting words.” And don’t miss Michael Moynihan on those who would “make a bold stand against the nonexistent racism of 12 dead journalists by refusing to clap for the one who got away,” or related and very good Caleb Crain.