Vol. 135 No. 2 Until well into the twentieth century, American law recognized blasphemy as proscribable speech. The blackletter rule was clear. Constitutional liberty entailed a right to...
Vol. 135 No. 1 In Tanzin v. Tanvir,. the U.S. Supreme Court held that plaintiffs suing under the Religious Freedom Restoration Act of 1993 (RFRA) can seek money...
Vol. 135 No. 1 Introduction “[W]hat should replace Smith?” That was Justice Barrett’s main question in Fulton v. City of Philadelphia. She expressed serious misgivings about the governing...
Vol. 135 No. 1 When a federal officer violates somebody’s constitutional rights, what remedies are appropriate for a court to grant? In the landmark case Bivens v. Six...
Vol. 134 No. 6 Introduction In recent years, the Supreme Court has shown solicitude for religious freedom claims arising under the First Amendment and federal statutes. Cases expanding...
Vol. 134 No. 1 A century ago, legal scholar Zechariah Chafee, Jr., summed up his view of the First Amendment’s limits, writing that “[y]our right to swing your...
Vol. 132 No. 1 There is a difference between deciding how to talk about a problem and sorting out the principles for resolving it. In Masterpiece Cakeshop, Ltd....