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The Quietly Crumbling Wall of Separation

By Robert Marus

…th’s damage may actually leave some plaintiffs better able to defend their free-exercise rights than before. And other rulings on both free-exercise and non-establishment cases—such as in employment cases involving churches and cases involving government-sanctioned prayer—have maintained a distinctiveness for religion as a constitutional category. But other learned First Amendment scholars—such as Marci Hamilton of Yeshiva University’s Cardozo Law…

Netflix Removing Antigay Film Isn’t “Free Speech,” it’s Free Market

By Sunnivie Brydum

…is the governmental kind. But that’s an entirely different animal. Ditto “free speech.” Constitutionally protected free speech concerns, once again, the government, not the right to express any view without consequence. And no one (and certainly no government entity) stopped del Toro from making his film, distributing it to theaters, and eventually licensing it to Netflix. Quite the opposite, in fact. Once audiences were able to see the film for…

To Serve God and Wal-Mart: The Making of Christian Free Enterprise

By Diane Winston

…religious tenets and economic policies, both of which supported Christian free enterprise, traditional values and a gendered workforce. Writes Moreton: “They [Walton Scholars] perceived their own careers and free-market policies generally as a form of public service, on the pattern of the Christian business departments they attended. For its part, Wal-Mart and its suppliers reaped tangible rewards from this network of skilled graduates. In 2005,…

Pamela Geller in Brooklyn: Free Speech, Hate Speech, and the Futility of Arguing with a Bigot

By Haroon Moghul

…ing that earns her money. Because it’s the only talent she has. This isn’t free speech, it’s free-market. And to what end? If you link anti-Semitism to Islamophobia, or vice versa, you make it more likely each community will deny the other’s pain. Young Muslims who are expected to accept that anti-Semitism is real, at the cost of denying discrimination against them, are unlikely to. This is not only the biggest Jewish city in the world, but the bi…

Capricology Week 5: Fathers, Funerals, and the Ethics of Gaming

By Henry Jenkins

…he is the only one with free will (though this may still be an illusion of free will, as the code for the game is likely to be quite deterministic). Since she is the only one in the game that suffers pain but no death, it will be interesting to see the evolution of her ethical code within the virtual world. The transformation of Tamara from a helpless lost soul to a gun-toting avenger sets up the stage for her probable showdown with Zoe—a continua…

Republican Scandals Drag Secretive ‘Family’ Into the Big Time

By Randall Balmer, Anthea Butler, Evan Derkacz, Jeff Sharlet, and Diane Winston

…example, some of the achievements of our last “liberal” administration: a “free trade” pact deeply opposed by working people; the partial privatization of welfare; and the passage of a “religious freedom” act that allows conservative evangelicals to influence foreign policy according to their analysis of other faiths’ religious customs. Each of these projects had been long dreamed of by the avant-garde of American fundamentalism. That’s not to say…

Huckabee Calls For Civil Disobedience, Utterly Misreads MLK, Jr.

By Peter Gathje

…uples. The third criterion Dr. King identifies is that “an unjust law is a code that a numerical or power majority group compels a minority group to obey but does not make binding on itself. This is difference made legal. By the same token, a just law is a code that a majority compels a minority to follow and that it is willing to follow itself. This is sameness made legal.” For same sex couples to have legal access just like heterosexual couples…

‘Anti-Romeo’ Vigilante Squads Target Men Suspected Of Being Gay; More in the Global LGBT Recap

By Peter Montgomery

…: Independent justice reform group criticizes Aceh’s harsh anti-LGBT legal code The Jakarta Post reported on April 1 that the Institute for Criminal Justice Reform “has lambasted the Aceh administration’s Islamic criminal code bylaw, or Qanun Jinayat, saying it could potentially provoke discrimination and over-criminalization of LGBT communities and other vulnerable groups.” The Aceh province is governed by the conservative Islamist legal code. No…

Welcome to the Shari’ah Conspiracy Theory Industry

By Sarah Posner

…and Islam as director of the Ethics and Public Policy Center’s Program to Promote and Protect America’s Freedom. Santorum, who is considering a presidential run, depicts an American battle against radical Islam as a civilizational war against “Christendom.” The theological warriors include Jewish groups as well. “Shari’ah is an Arabic term referring to a legal framework to regulate public and private aspects of life based upon specific Islamic te…

Hungarian Mayor Wants to Import White Christians, Ban Muslims & LGBT People; Global LGBT Recap

By Peter Montgomery

…bidden and punishable by life imprisonment under a section of the criminal code forbidding “offences against morality.” South Korea: Activists denounce LGBT-free education guidelines LGBT equality activists called on the Education Ministry to do away with new sex education guidelines that exclude LGBT topics. According to the Korea Herald, “The government remains reluctant to bring the LGBT topics to the fore in the education field, citing anti-LG…