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First Amendment
932 published works
Civil Rights Law & Policy Blog
“School Surveillance and the Fourth Amendment”
The title of this post comes from this recent paper by Professor Jason Nance, the abstract of which states: In the aftermath of several highly-publicized incidents of school violence, public…
Constitutional Law Prof Blog
Oral Argument Preview: Employee Speech at the Supreme Court and the Amicus Brief of Law Professors
Professor Ruthann Robson, City University of New York (CUNY) School of LawAs we explained when certiorari was granted in Lane v. Franks, the case involves a public employee's First Amendment…
Education Law Prof Blog
New School Prayer Lawsuit
By Derek Black
Matawan-Aberdeen Regional School District in New Jersey is being sued over the Pledge of Allegiance. Anonymous parents and the American Humanist Association are bringing the suit. They argue that the…
RLUIPA Defense Blog
New York City Church Asks Second Circuit to Reconsider Ruling in Bronx Household of Faith v. Board of Education of the City of New York
By Evan Seeman, Dwight Merriam
We reported earlier this month that the Second Circuit, in The Bronx Household of Faith v. Board of Education of the City of New York, No. 12-2730 (2d Cir. 2014), ruled…
Education Law Prof Blog
From the School Yard to Cyberspace: A Review of Bullying Liability
By Derek Black
Elizabeth M. Jaffe's roundup of the caselaw and literature on cyberbullying, From the School Yard to Cyberspace: A Review of Bullying Liability, is now available on westlaw at 40 Rutgers…
Constitutional Law Prof Blog
Daily Read: Deven Desai on Data Hoarding and Associational Freedom
"The amount of data available to law enforcement creates a type of honey pot—a trap that lures and tempts government to use data without limits." What should the constitutional limits…
RLUIPA Defense Blog
Second Circuit: New York City Board of Education Can Refuse to Allow Religious Worship Services in School Facility After School Hours
By Evan Seeman, Dwight Merriam
In a potentially significant decision, the U.S. Court of Appeals for the Second Circuit, in The Bronx Household of Faith v. Board of Education of The City of New York,…
Education Law Prof Blog
Second Circuit: Prohibiting Church Services on School Property Does Not Violate First Amendment
The Second Circuit Court of Appeals has reversed a district court’s ruling that the New York City’s Board of Education policy prohibiting religious worship services on school grounds violated the…
Constitutional Law Prof Blog
Second Circuit Holds NYC Can Ban Religious Services in School Buildings
Professor Ruthann Robson, City University of New York (CUNY) School of LawDoes a city policy governing "extended use" of school facilities that excludes permits for the "purpose of holding religious…
Media Law Prof Blog
Government Reclassification of Documents and the FIrst Amendment
Jonathan Abel, Stanford Law School, Constitutional Law Center, is publishing Do You Have to Keep the Government's Secrets?: Retroactively Classified Documents, the First Amendment, and the Power To Make Secrets…