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Legal Spirits Episode 007: Religious Hate Speech (Part 1)

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!

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Legal Spirits Episode 006: SCOTUS Hears Oral Argument in the Peace Cross Case

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The Peace Cross in Bladensburg, Maryland

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.

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Legal Spirits Episode 005: Praying on the 50-Yard Line

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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.

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Legal Spirits Episode 004: A Ninth Circuit Ruling on Prayers at Public School Board Meetings

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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.

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Legal Spirits Episode 003: Tradition in the Global Context

Tradition Project

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.

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Legal Spirits Episode 002: SCOTUS Grants Cert in the Peace Cross Case

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The Peace Cross, a World War I Memorial, in Bladensburg, Maryland

 

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.

 

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Legal Spirits Episode 001: A British Version of Masterpiece Cakeshop?

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.

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Podcast: “Who Is Brett Kavanaugh?”

gs-FdUf9_400x400Last 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.

Posted on by Marc O. DeGirolami

Podcast on Masterpiece Cakeshop Oral Argument

Mark and I have this podcast on the oral argument in Masterpiece Cakeshop v. Colorado Civil Rights Commission, which occurred last week at the Supreme Court. The podcast covers the central issues that the justices asked about and discussed.

Posted on by Marc O. DeGirolami

Supreme Court End of Term Podcast

In this podcast, Mark and I discuss three law and religion cases either decided by the Supreme Court this term or to be decided next term: Trinity Lutheran, Masterpiece Cakeshop, and IRAP v. Trump.