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| | This class contains many of the most publicized and controversial issues of the entire course. As the 10th out of 15th lectures, now is a good time to address these topics. After today you will have a long Thanksgiving break to think about them. | | This class contains many of the most publicized and controversial issues of the entire course. As the 10th out of 15th lectures, now is a good time to address these topics. After today you will have a long Thanksgiving break to think about them. |
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| − | Each of today’s topics has been in the national news the past month. In fact, each of these issues is prominent every month.
| + | The Establishment Clause is often in the media as the [[ACLU]] and other groups hostile to [[Christianity]] attempt to censor it from public property, incluidng [[public schools]]. |
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| − | The Establishment Clause is in the media as the Alabama Supreme Court expelled Chief Justice [[Roy Moore]] from his position simply because he installed the Ten Commandments in the courthouse and did not immediately comply with an order by a federal district judge to remove it.
| + | Free speech is often in the news as the Supreme Court considers the constitutionality of new regulations to limit political contributions and expenditures. It is also in the news as schools consider whether students may wear T-shirts that protest President Bush. |
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| − | Free speech is in the news as the Supreme Court considers the constitutionality of new regulations to limit political contributions and expenditures. It is also in the news as schools consider whether students may wear T-shirts that protest President Bush.
| + | The rights of criminal defendants has repeatedly been in the news as the Supreme Court surprisingly accepted an appeal by inmates at Guantanamo Bay, who have been held for over two years without a trial and are being denied access to American courts. |
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| − | The rights of criminal defendants are in the news as the Supreme Court surprisingly accepted an appeal by inmates at Guantanamo Bay, who have been held for over two years without a trial and are being denied access to American courts.
| + | Gender equality is in the news in the fight over Title IX and college sports. I have written and filed an amicus curiae brief on this matter before the D.C. Circuit. I will explain further below. |
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| − | Gender equality is in the news in the fight over Title IX and college sports. I just wrote and filed an amicus curiae brief on this matter before the D.C. Circuit. I will explain further below. | |
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| | There are two other issues that will have to wait until the next lecture: abortion and racial equality. Both issues have had enormous impact on American politics. [[Abortion]] has been influential since 1973, when Roe v. Wade invented a constitutional right to abortion. Many voters decide who to vote based on it, and the pro-abortion media distorts its coverage of candidates based on their views on this single issue. | | There are two other issues that will have to wait until the next lecture: abortion and racial equality. Both issues have had enormous impact on American politics. [[Abortion]] has been influential since 1973, when Roe v. Wade invented a constitutional right to abortion. Many voters decide who to vote based on it, and the pro-abortion media distorts its coverage of candidates based on their views on this single issue. |
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| | Nothing in the First Amendment requires censorship of the Ten Commandments, which neither establishes a religion nor coerces anyone to believe. Those who oppose the moral message may feign offense, but appeasing the hypersensitive is not a goal of the First Amendment. Its prohibition on an establishment of religion does not require purging recognition of religion from everything public. Federal law expressly references God numerous times, as do our coins and officials’ oaths of office. The United States Supreme Court itself features Moses holding the sacred tablets. | | Nothing in the First Amendment requires censorship of the Ten Commandments, which neither establishes a religion nor coerces anyone to believe. Those who oppose the moral message may feign offense, but appeasing the hypersensitive is not a goal of the First Amendment. Its prohibition on an establishment of religion does not require purging recognition of religion from everything public. Federal law expressly references God numerous times, as do our coins and officials’ oaths of office. The United States Supreme Court itself features Moses holding the sacred tablets. |
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| − | Roy Moore promised not to give up, and plans a major new announcement about his strategy this week.
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| | NOTE: do not confuse the Establishment Clause with the Free Exercise Clause, which follows it in the First Amendment: “Congress shall make no law ... prohibiting the free exercise thereof ....” A homework question asks about the difference. | | NOTE: do not confuse the Establishment Clause with the Free Exercise Clause, which follows it in the First Amendment: “Congress shall make no law ... prohibiting the free exercise thereof ....” A homework question asks about the difference. |