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Among the Problems with Trump’s Proposed Ban: Who is a Muslim?

By Michael Schulson

…nadequate to describe the racial nature of the ‘Muslim terrorist,’” writes Western State University law professor Neil Gotanda in a 2011 paper. “Racialized Islam in the form of the Muslim terrorist is not susceptible to the traditional analyses of the Free Exercise and Establishment Clauses.” When I called up Gotanda, he emphasized that it was often tempting for Americans to frame race and racialization in familiar black/white terms. There are sub…

What Irish Marriage Vote Means for Catholic Church; The Lonely Fight for Equality in Belize; Progress and Backlash in Tunisia; Global LGBT Recap

By Peter Montgomery

…nial past and our colonial governance by the Roman Catholic Church. We are free at last to live and love as we were born to be. For freedom –– not happiness –– is the precious stone. One cannot cling to happiness; it submits to no clinging. To be free, to live and love in your homeland, this is the most precious stone against which all others fade by comparison. We now know that, whatever organised religion may say, our way of loving is right. No…

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…

Are We Living in a Simulation? Bad Religion, Bad Media Combine in New Doc, ‘A Glitch in the Matrix’

By Shannon Trosper Schorey

…lation theory Mystwood is playing with—he is the universe, the universe is code, his code is part of the important bit, it’s all a simulation, and he’s ready to play. And, importantly, the rest of us might not matter. The language of programming in A Glitch in the Matrix is compelling and difficult. On the one hand, it is literal computer programming. On the other, intentional or not, the movie invokes the language of “deprogramming” that was comm…

Turkish Police Move Against Activists Who Defied Pride Ban; And More in Global LGBT Recap

By Peter Montgomery

…in Taiwan, where the Constitutional Court ruled last month that the civil code restricting marriage to ‘a male and a female’ is unconstitutional. The Court gave legislators two years to amend the Civil Code. The article says, however, that “the Court’s arguments for same-sex marriage were not entirely straightforward and left room for further interpretation”: It could be that this was due to the Court’s desire to cool down the same-sex marriage d…

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…

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,…

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…

Rage or Courage?: YouTube Terrorism Take Two

By Bruce B. Lawrence

…the first, fundamental, basis of democracy, and that the West, as also the Western way of life, and Western civilization, depends on untrammeled freedom. But what about hate speech? Is hate speech not a category that impinges on, and limits, the practice of free speech? Must Jews ‘tolerate’ neo-Nazis? Must Catholics tolerate one who suggests that the birth of Jesus was not immaculate, that he was instead conceived by ordinary human means, outside…