Recent | Take Care

What’s the Price of Tolerance?

Robust protection of speech does not require gutting laws that help ensure that all persons—regardless of race, gender, religion, or sexual orientation—can buy the good and services they desire, free from discrimination.

David Gans

CAC

Three Problems With the SG's Klan Hypo in the Masterpiece Cakeshop Oral Argument

12/6/17 // In-Depth Analysis

If the baker loses in Masterpiece, could the government compel an African American sculptor to sculpt a cross for a Klan service? No, it could not.

Michael C. Dorf

Cornell Law School

What Masterpiece Cakeshop is Really About

12/6/17 // In-Depth Analysis

The Alliance Defending Freedom, which represents Masterpiece Cakeshop, is not interested in a narrow exemption. Rather, ADF is taking aim at the very legitimacy of LGBT people and legal protections for them.

Douglas NeJaime

Yale Law School

Reva Siegel

Yale Law School

Complicity and Speech: The Right’s New Effort to Rewrite the First Amendment

12/4/17 // In-Depth Analysis

Conservative legal activists have pushed a sweeping view of the First Amendment’s protection against compelled speech. These new complicity claims should fail.

David Gans

CAC

Doubling Down on a Deeply Troubling Argument in Masterpiece Cakeshop

11/14/17 // In-Depth Analysis

Tom Berg and Douglas Laycock defend a novel theory that could eviscerate civil rights laws

Jim Oleske

Lewis & Clark Law School

The First Amendment Does Not Give Commercial Businesses a License to Discriminate

11/1/17 // In-Depth Analysis

In Masterpiece, the Petitioner's argument would wreak havoc on long established First Amendment principles, giving businesses a right to disregard content-neutral regulations of their conduct

David Gans

CAC

Religious Freedom and the Masterpiece Case

10/31/17 // In-Depth Analysis

Robbie Kaplan and I have filed a brief on behalf of Church-State Scholars addressing the Free Exercise Clause issues in this important case.

Joshua Matz

Masterpiece Cakeshop and Reading Smith Carefully: A Reply to Jim Oleske

10/30/17 // In-Depth Analysis

Thomas C. Berg and Douglas Laycock respond to criticism of their amicus brief in the Masterpiece Cakeshop case.

Take Care

Versus Trump Emergency Pod: JD v. DHS

10/26/17 // Commentary

On this week’s episode of Versus Trump, Easha and Charlie have a quick turn-around emergency pod to discuss an ongoing—wait, just now resolved—case filed by a pregnant 17-year-old girl in federal immigration custody who seeks an abortion. Easha and Charlie first talk about the procedural wrangling that this case has wrought and second about the legal claims in the case, which bring them into the exciting worlds of reproductive rights, immigration law, and international relations. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Easha Anand

San Francisco