First Amendment

Pornography and the First Amendment

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Would the freedom of speech exist without the First Amendment? How about the freedom of the press? What about the right of the people to peaceably assemble or petition the government for a redress of grievances? Is it the First Amendment alone that prevents the federal government from making laws respecting an establishment of religion or prohibiting the free ... [click for more]

Freedom of Speech: Abridge to Nowhere

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Americans, known for their outspokenness on matters of politics, sports, American Idol contestants, and practically every other topic, would appear to treasure few things more highly than their freedom of speech. Why, it’s even right there in the Constitution: “Congress shall make no law  ... abridging the freedom of speech.” In America, everyone is allowed to speak his mind ... [click for more]

Religious Discrimination

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Do churches and other religious organizations have the right to discriminate? Even advocates of discrimination laws in general are usually willing to make an exception for churches and religious organizations to practice discrimination in employment based on religious creed, sex, marital status, or sexual orientation. Thus, a church of a particular denomination is free to limit offers of employment to ... [click for more]

God versus Government

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Freedom of religion is the most powerful constitutional protection left in America. It is on a collision course with the contraception mandate in the Patient Protection and Affordable Care Act (Obamacare). The mandate requires employers with more than 50 workers to provide health plans that include contraceptives and abortion-inducing drugs. Many employers object to paying for practices prohibited by their ... [click for more]

Citizens United and the First Amendment

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As we move closer to another presidential election, the Supreme Court case of Citizens United v. Federal Election Commission will be brought up with increasing frequency. Decided by a vote of 5-4 on January 21, 2010, it was one of the most polarizing Supreme Court decisions of the Roberts Court. Justice Stephen Breyer, who joined fellow justices John Paul Stevens, ... [click for more]

Your Religion or Your Business

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On July 27, an American court for the first time offered a tentative ruling on whether Obamacare outranks the religious rights of business owners. At issue is the Obamacare provision that requires companies with more than 50 employees to provide insurance coverage that includes contraceptives, abortion-related drugs, and sterilization. These services would be provided without cost-sharing: that ... [click for more]