In this podcast, Center Director Mark Movsesian and Associate Director Marc DeGirolami discuss the anti-vaccination controversy. What are the sources of the objections to compulsory vaccination laws–religious, secular, or both? What power does the state have to compel vaccination by law, and what exceptions have states made historically? What is the state of play of such exemptions? May the state take away religious exemptions from mandatory vaccination without violating the Constitution or other laws? Need it take away all exemptions to pass legal muster, or can it do so selectively? Finally, what does the “anti-vaxx” issue say about American society’s capacity to agree about what are truly compelling social interests? Listen in!
In this second episode of a two-part podcast, Center Director Mark Movsesian and Associate Director Marc DeGirolami discuss the private dimension of the control of “religious hate speech.” What, if anything, can public authorities do to intervene in the private arena? They focus on speech on private university campuses and discuss two basic constitutional rules: first, the rule governing the freedom of speech and associational freedom protecting private universities from government regulation; and second, the doctrine of “unconstitutional conditions” that affects the way in which the government can condition the granting of money dependent upon private universities’ compliance with government policies and interests. They also consider the social and cultural effects of the existing legal framework, discussing along the way some of the recent controversies on campuses involving disinvitations and exclusions of certain points of view and perspectives because of their allegedly “hateful” qualities. Listen in!
In this first episode of a two-part podcast, Center Director Mark Movsesian and Associate Director Marc DeGirolami discuss government regulation of “religious hate speech.” They break down the concept into three categories–speech that denigrates religion as such; speech that threatens imminent violence against believers; and speech that insults or denigrates believers on the basis of religion–and explain how our law currently addresses each of them. They explore the possibility that American courts will abandon their traditional hostility to hate-speech regulation and the line-drawing problems that would follow. Listen in!
In this episode of Legal Spirits, Center Director Mark Movsesian and Associate Director Marc DeGirolami recap last week’s oral argument in the Peace Cross case, The American Legion v. American Humanist Association. The Justices signaled that they’re likely to uphold the constitutionality of the cross, but it’s not clear what their reasoning will be. Mark and Marc discuss the various possibilities and predict how the votes may eventually line up.
In this episode of Legal Spirits, Center Director Mark Movsesian and Associate Director Marc DeGirolami discuss the Court’s recent denial of cert in Kennedy v. Bremerton School District, a case in which the Ninth Circuit ruled that a public high school football coach could be fired for praying on the 50-yard line after each game. Movsesian and DeGirolami explain why a seemingly offhand comment by Justice Alito might signal a change in the Court’s free exercise jurisprudence, and whether, even under current doctrine, the coach might have had a legal right to pray.
In this episode of Legal Spirits, Center Director Mark Movsesian and Associate Director Marc DeGirolami discuss Freedom from Religion Foundation v. Chino Valley Unified School District, a recent Ninth Circuit decision striking down the practice of prayer at public school board meetings in Chino Valley, California, outside Los Angeles. The Ninth Circuit ruled that prayers at school board meetings fall outside the “legislative prayer” exception and violate the Establishment Clause. Movsesian and DeGirolami review the decision and consider what it suggests about the meaning and significance of tradition in Establishment Clause cases more broadly.
In this episode, Center Director Mark Movsesian and Associate Director Marc DeGirolami discuss the upcoming meeting of the Center’s Tradition Project, set for Rome on December 12-13. This session, “The Value of Tradition in the Global Context,” features a keynote address by Justice Samuel Alito, a response panel of European jurists, and a series of workshops with scholars from both sides of the Atlantic. Mark and Marc discuss the relationship among tradition, liberalism, nationalism, and populism in today’s world and address recent works by Yascha Mounk, Mark Lilla, Patrick Deneen, and Yoram Hazony, as well as, on its 25 anniversary, Samuel Huntington’s famous essay on the clash of civilizations.
In this “Legal Spirits” podcast, Center Director Mark Movsesian and Associate Director Marc DeGirolami talk about the Supreme Court’s grant earlier this month in The American Legion v. American Humanist Association, the Peace Cross case. The Court will decide whether a 90-year old war memorial in Maryland, pictured above, violates the Establishment Clause. Mark and Marc discuss the ins-and-outs of the case and speculate whether the Court will finally clear up some of the confusion surrounding religious displays on public property.
For the first Legal Spirits podcast, Center Director Mark Movsesian and Associate Director Marc DeGirolami discuss the UK Supreme Court’s decision last month in Lee v. Ashers Baking Company. The court ruled that Christian bakers did not violate British anti-discrimination laws when they declined to create a cake with a pro-gay marriage inscription. Mark and Marc explain the British decision and compare it with the American Supreme Court’s recent ruling in Masterpiece Cakeshop, and speculate what influence the British decision might have in future American cases.
Last week, I sat down with First Things‘s senior editor Mark Bauerlein to discuss Judge Brett Kavanaugh’s record on church-state issues and what it might suggest about his future as a Justice. (Bottom line: he’s likely to look a lot like the person he’s replacing). You can listen to the podcast on the First Things site, here.