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Establishment Clause

Football players praying on field

Supreme Court

Supreme Court Says High School Coach's Postgame Prayers Are Protected Free Speech

A 6–3 majority sees it as noncoercive and not a violation of the Establishment Clause.

Scott Shackford | 6.27.2022 2:30 PM

Bostoncityhall_1161x653

Free Speech

Supreme Court Rules Boston Was Wrong To Bar Christian Flag From City Hall

The justices unanimously agree that the city was not endorsing the flags, and that therefore it couldn’t exclude religious organizations.

Scott Shackford | 5.2.2022 12:35 PM

sipaphotoseight018945

Supreme Court

Should a Christian Group Be Allowed To Fly a Flag Outside Boston City Hall?

The Supreme Court will soon decide a case that tests the limits of expression on government property and religious toleration.

Emma Camp | 2.4.2022 11:40 AM

Establishment Clause

Court Suggests That Lockdown Exemptions for Religious Institutions Violate the Establishment Clause,

at least when they specifically target religious institutions, and not similar secular entities.

Eugene Volokh |The Volokh Conspiracy | 5.17.2020 12:46 PM

topicslaw

Law & Government

Does This War Memorial Violate the First Amendment? 

Damon Root | 9.19.2019 6:00 AM

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Establishment Clause

In Giant Cross Case, Justices Struggle to Clean Up a 'Dog's Breakfast' of Confusing Precedents

The alternatives suggested by defenders of the monument do not seem much better.

Jacob Sullum | 2.28.2019 3:30 PM

Volokh Conspiracy

"Cleaning Up the Lemon Mess"

"What lower courts and local governments desperately need is not guidance on hypothetical cases that have never arisen. They need guidance on the many cases they're wrestling with today. Lemon doesn't provide that guidance. It makes the problem worse."

Eugene Volokh |The Volokh Conspiracy | 2.28.2019 12:49 PM

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Establishment Clause

Can a Giant Christian Cross Be Secular?

The challenge to a World War I memorial in Maryland illustrates the confusion caused by the Supreme Court's Establishment Clause cases.

Jacob Sullum | 2.27.2019 12:01 AM

Volokh Conspiracy

"The American Legion Briefing: Four Characters in Search of an Establishment Clause Standard"

An analysis of the amicus briefs in the Establishment Clause / cross monument case, from Eric Rassbach at the Becket Fund.

Eugene Volokh |The Volokh Conspiracy | 2.21.2019 12:05 PM

Volokh Conspiracy

Lesson on Islam Didn't Violate Establishment Clause or Free Speech Clause

The Fourth Circuit rejects a challenge to a history class being shown a slide stating "Most [Muslims'] faith is stronger than the average [Christian's]," and being required to fill in the blanks in "There is no god but __ and Muhammad is the __ of Allah," as part of a worksheet on the "Five Pillars" of Islam.

Eugene Volokh |The Volokh Conspiracy | 2.11.2019 6:42 PM

Immigration

Constitutional Law Scholars' Amicus Brief in the Travel Ban 3.0 Case Explains Why the Bill of Rights Restricts Federal Power over Immigration

The brief, which I coauthored on behalf of myself and six other legal scholars explains why the Bill of Rights constrains federal power over immigration no less than other types of federal power.

Ilya Somin |The Volokh Conspiracy | 4.2.2018 10:30 AM

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