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Tag: U.S. Supreme Court

Janus v. AFSCME and “Weaponizing the First Amendment”

Janus v. AFSCME and “Weaponizing the First Amendment”

Michael J. Yelnosky, dean of the RWU School of Law and professor of law: On June 27, the U.S. Supreme Court announced its 5-4 decision in Janus v. AFSCME. The majority held that the First Amendment prohibited the enforcement of ubiquitous provisions in collective bargaining agreements between public sector labor unions and government employers requiring all employees represented by the union to pay their share of the costs the union incurs when bargaining with the employer on their behalf. In doing…

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Masterpiece Cakeshop ruling: No Constitutional Right to Discriminate (For Now)

Masterpiece Cakeshop ruling: No Constitutional Right to Discriminate (For Now)

Jared A. Goldstein, RWU law professor who teaches constitutional law and former U.S. Department of Justice attorney: By cutting a narrow slice of the wedding cake case, the U.S. Supreme Court has created little new law, meaning there remains no constitutional right to discriminate – at least for now. On June 4, the U.S. Supreme Court issued its long-awaited decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission – the case of a cake shop owner who refused to bake a…

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Court may use First Amendment to end extreme partisan gerrymandering

Court may use First Amendment to end extreme partisan gerrymandering

Edward Fitzpatrick, RWU director of media and public relations, a New England First Amendment Coalition and Common Cause Rhode Island board member, and a former Providence Journal columnist: The First Amendment has been pressed into action to protect everything from burning the American flag to unleashing corporate cash in campaigns. But now the U.S. Supreme Court is being asked to employ the First Amendment to do something we can all feel good about – putting an end to extreme partisan gerrymandering….

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How Will Supreme Court Slice Wedding Cake Case?

How Will Supreme Court Slice Wedding Cake Case?

Diana Hassel, law professor and associate dean for academic affairs at the RWU School of Law: The U.S. Supreme Court recently heard arguments in Masterpiece Cakeshop v. Colorado Civil Rights Commission, a case that pits the First Amendment right of expression of a cake maker against the right not be discriminated against based on sexual orientation. The high court must determine whether the right to be free from discrimination takes priority over religious objections. As part of its growing solicitude…

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Donald Trump and the full-employment-for-lawyers presidency

Donald Trump and the full-employment-for-lawyers presidency

David A. Logan, professor of law and former dean of the RWU School of Law, who has studied and written extenstively about First Amendment issues: One thing you can say for Donald Trump’s presidency: He sure keeps lawyers busy. Within weeks of taking office, he suddenly rolled out immigration rules that banned entrance to travelers from seven predominantly Muslim countries, creating chaos and great anxiety at many airports. But that action was immediately challenged by state attorneys general and held…

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