Articles tagged as First Amendment
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PODCAST: Prof. Michael D. Breidenbach on “Our Dear Bought Liberty: Catholics and Religious Toleration in Early America”
Associate Professor and Chair of History at Ave Maria University and Senior Affiliate for Legal Humanities at the Program for Research on Religion and Urban Civil Society at the University of Pennsylvania Michael D. Breidenbach joined JWI Deputy Director Garrett Snedeker to discuss Prof. Breidenbach’s new book Our Dear Bought Liberty: Catholics and Religious Toleration […] -
Fulton and the Future of Religious Liberty – Prof. Gerard V. Bradley at First Things
After being cited twice yesterday in the Court’s much anticipated ruling on religious liberty, JWI Trustee and Senior Scholar Gerard V. Bradley declares that “Fulton v. Philadelphia is a remarkable case indeed.” Professor Bradley outlines where the Court currently stands on the controversial 1990 ruling in Employment Division, Department of Human Resources of Oregon v. Smith. […] -
“Lemon v. Kurtzman at 50” – Francis Beckwith in Law and Liberty
In an article at Law and Liberty, JWI Scholar Francis Beckwith traces the history and eventual demise of the Lemon Test created by Chief Justice Burger in Lemon v. Kurtzman on its 50th anniversary. The Court has inconsistently applied the Lemon Test for years, amending or ignoring its different prongs as it wishes. Lacking any […] -
Fellowship Alumni Spotlight: David Dewhirst ’14
David Dewhirst, a 2014 James Wilson Fellow, is the current Solicitor General of Montana. He graduated from Regent University before obtaining his J.D. from George Washington University Law School, where he served as president of his Federalist Society Chapter. He has clerked for Judge Lawrence VanDyke of the Ninth Circuit and the U.S. Senate Judiciary […] -
“It Was The Supreme Court’s Liberals Who Established Protests Are Not ‘Sedition’” – Professor Hadley Arkes in The Federalist
In an essay for the Federalist, JWI founder and director Professor Hadley Arkes explores the Court’s approach to demonstrations under the First and Fourteenth Amendments. He examines how Supreme Court justices have regarded with concern the right of protestors to demonstrate in particular locations, such as outside the Supreme Court while trials are underway. Justices […] -
“The Limits of ‘Free Speech'” – Josh Hammer in Newsweek
In a piece for Newsweek, Josh Hammer explores how conservatives should approach the issue of free speech from both a practical and philosophical perspective, in light of past comments made by Rep. Marjorie Taylor Greene’s (R-GA) that have recently surfaced. Although Hammer acknowledges the Left’s hostility to free speech, he cautions conservatives against appealing to […] -
“Defending Religious Liberty Without the Constitution?”: Prof. Arkes in Law & Liberty
Last week the Supreme Court took a decisive step in striking down the so-called Blaine Laws, which barred the use of public funds in supporting religious activities, especially private religious schools. Professor Arkes argues that the Court, for a change over the last few weeks, managed to get something right. But in the ways of the […] -
“Dickinson ‘Penman of the Revolution,’ on Freedom of the Press”–Professor David Forte in Law and Liberty
In an eloquent essay for the Library of Law and Liberty, JWI Senior Scholar Prof. David Forte articulates the “radical premises” Founding Father John Dickinson used as justification for independence. Dickinson’s chief contributions to The Bill of Rights and Declaration of Grievances, along with the implementation of the Articles of Association, make him one of […] -
AUDIO: Prof. Arkes on the Implications of Justice Kennedy’s Retirement, the nomination of Judge Brett Kavanaugh and NIFLA v. Becerra
With the Supreme Court’s recent decision in NIFLA vs. Becerra (2018), the retirement of Justice Anthony Kennedy at the end of July, and the President’s nomination of Judge Brett Kavanaugh for the U.S. Supreme Court, many are speculating on what these events mean for future cases that consider freedom of speech and abortion, as well as what […] -
“Is Relativism the Best Constitutional Defense of Free Speech?” Richard Reinsch Interviews Hadley Arkes for LibertyLawTalk
Richard Reinsch, the editor of the Online Library of Law and Liberty and the host of LibertyLawTalk, interviewed Hadley Arkes to discuss his thoughts on the Supreme Court’s jurisprudence on issues of speech, as articulated in cases such as Chaplinsky v. New Hampshire (1942), Matal v. Tam (2016), and NIFLA v. Becerra (2018). Their discussion centered on the Court’s tendency […]