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What To Do When Fred Phelps Arrives in Your Neighborhood

By Susan Henking

…ive. Yet, fantasy picketing in my imagination allows those of us who favor free speech (even free horrifying speech—remember Skokie and the Nazis) to express our outrage without giving up our commitment to free speech and, indeed, to express our outrage without being as offensive as those we find despicable. Not to mention avoiding the violence. And, of course, fantasy picketing gets around the many ways our culture has come to limit dissent in re…

What 19th-Century Marriage Controversies Can Tell Us About The Fight Over Gay Marriage

By Eric C. Miller

…eteenth-century polygamy controversy. Marriage is a unique institution because it is always both public and private, and both religious and civil. What then are the freedoms and limitations to religious expression in marriage? With nineteenth-century polygamy some of the debate was over the validity of the religion and Joseph Smith as a prophet, but a significant part of the debate was about the treatment of women in polygamy. There were sensation…

The Fire Next Time: Tibetan Protests Spread

By Megan Sweas

…of the city’s Tibetan refugee settlement, personalizing the struggle for Tibet’s freedom. “If I’m not doing anything, I shouldn’t call myself a Tibetan,” the young people told Raha. While uprisings in Tibet in the late 1980s inspired international solidarity movements among young Westerners, recent protests inside Tibet have galvanized a new generation of activists within the refugee community [See here for RD’s previous coverage]. The young refug…

Why Hobby Lobby is a Pandora’s Box: Ginsburg v. Alito

By Julie Ingersoll

…why. This was not a First Amendment case. It was filed under the Religious Freedom Restoration Act (RFRA). Understanding this will require a little legal history but I promise to keep it brief. Prior to 1990 The Court ruled on First Amendment Free Exercise claims with a test known as the Sherbert Test. Constitutional rights are not absolute (think laws against human sacrifice). Essentially an infringement on Free Exercise was permitted if: 1) ther…

Aasif Mandvi on Islamophobia, Acting, and the Long Shadow of Jon Stewart

By Haroon Moghul

…actor, a writer, a comedian, in a lot of creative spaces. What’s the line between free speech and bigotry? Wow. What is the line between free speech and bigotry? Look, there’s always going to be free speech, and it’s a fundamental right. We are allowed to speak our minds. But bigotry will always exist—there will always be a certain amount of prejudice, and I don’t think you can eradicate that. What I wanted to do was address some of that prejudic…

Supreme Court Conservatives Allow Execution of Muslim Prisoner Despite Religious Freedom Violation

By Andrew L. Seidel

…to me it is one of the most despicable pieces of rhetoric that people can use to — to use their religion to hurt others. So that’s just my personal point of view. Rice said this in 2014, when the Commission had already written its order and rejected the bakery’s arguments three separate times. It changed nothing. More importantly, Rice’s statements are true. Religion has been used to justify slavery and murder. But the court found this hostile to…

A Bill Passes, Westboro Baptists Shrug

By Rebecca Barrett-Fox

…the two key issues at stake in its signing: First Amendment rights to the free exercise of religion and to free speech: I am very pleased to be signing this bill into law. The graves of our veterans are hallowed ground. And obviously we all defend our Constitution and the First Amendment and free speech, but we also believe that when men and women die in the service of their country and are laid to rest, it should be done with the utmost honor an…

Rubio Is Confused About Christianity, Marriage Equality, and the Constitution

By Sarah Posner

…xercise Clause protects religious practice and religious speech. Under the Free Speech Clause, the government cannot proscribe “hate speech” or even define it. Under the Establishment Clause, the government cannot endorse (or renounce) a particular religion. You can say gay people are intrinsically disordered. Or you can say they don’t have a constitutional right to get married. They can say you’re a homophobe. The government can’t stop any of you…

Yeshiva is Likely to Win Its Battle Against LGBTQ Group — But Do Jewish Orgs Really Want to Empower a Militant Christian Movement?

By Orit Avishai

…, in recent years, this sweeping illiberal agenda has weaponized religious freedom to promote a militant, literal, and illiberal Christian ideology that embraces Christianity as a bedrock American identity. This agenda not only claims a special place for religion in American culture but demands that the laws of the land be based on Christian morals, ethics, and history. In other words, it has its sights set on the rights and liberties not of relig…

Israel Votes to Limit Sheldon Adelson

By Sarah Posner

…imed at limiting the free distribution of Israel Hayom (Israel Today), the free newspaper owned by American casino magnate and Republican super-funder Sheldon Adelson. The same Sheldon Adelson who, at the inaugural meeting of the Israeli American Council in Washington on Sunday, said, “I don’t like journalism.” Haaretz’s Anshel Pfeffer explains the anti-Adelson bill that advanced today: The law, proposed by MK Eitan Cabel (Knesset) and sponsored b…