Oral arguments were heard on Monday in Friedrichs v. California Teachers Association, a Supreme Court case in which the plaintiffs are attempting to invoke their First Amendment right to free speech to avoid being compelled to pay their share of the costs of union representation. Summarizing the oral arguments for SCOTUSblog, Amy Howe notes that "public-employee unions are likely very nervous, as the Court’s more conservative Justices appeared ready to overrule the Court’s 1977 decision in Abood v. Detroit Board of Education and strike down the fees." [more inside]
On Monday, the Supreme Court (with a recovering Ruth Bader Ginsburg) will hear argument in Elonis v. United States, a case where a man was convicted for posts and messages on Facebook that prosecutors treated as threats of actual violence. (trigger warning: descriptions of violence) [more inside]
Supreme Court to consider lifting campaign contribution limits. Reversing McCutcheon v. Federal Election Commission would allow unlimited individual campaign contributions.
Unanimous SCOTUS ruling: Anti-discrimination laws (such as the ADA) do not apply to church employees with religious duties. Full ruling: PDF, HTML
Court Affirms Ban on Aiding Groups Tied to Terror. "In a case pitting free speech against national security, the Supreme Court on Monday upheld a federal law (PDF) that makes it a crime to provide 'material support' to foreign terrorist organizations, even if the help takes the form of training for peacefully resolving conflicts."
Yesterday, in a highly split decision with six separate opinions, the United States Supreme Court overturned a Ninth Circuit ruling in Salazar v. Buono. The issue at hand? Whether the location of the Mojave Memorial Cross represented an unconstitutional endorsement of religion. The Ninth Circuit decided that it did, but its ruling has been called into question by the high court on several levels. [more inside]
The previously-mentioned Summums want to place their own monument in a park which contains the Ten Commandments, making the Supreme Court's heads explode in a a hilariously weird oral argument[pdf]: "Scalia: I don't know what that means. You keep saying it, and I don't know what it means. [...] Breyer: Suppose that there certain messages that private people had like "eat vitamins"—and then somebody comes along with a totally different content, "ride the roller coaster," and they say this part of the park is designed to get healthy children, not put children at risk." [more inside]
SCOTUS strikes down campaign finance restrictions [pdf]. The Supreme Court issued an opinion today in Randall v. Sorrell, striking down limits on campaign contributions and campaign spending imposed by the state of Vermont. The Court, in a fractured opinion (six separate opinions, including two dissents), concluded that restrictions on both contributions and expenditures ran afoul of the First Amendment. More from Amy Howe at SCOTUSblog. Expect more from Rick Hasen later today.
This Highway Adopted By The Ku Klux Klan The US Supreme Court has declined an appeal by the state of Missouri seeking to reverse an 8th Circuit opinion which allows the Ku Klux Klan to adopt a highway. Under the controlling ruling of the 8th Circuit, "desire to exclude controversial organizations in order to prevent 'road rage' or public backlash on the highways against the adopters' unpopular beliefs is simply not a legitimate governmental interest that would support the enactment of speech-abridging regulations."
The Supreme Court ruled today that Michael Newdow did not have standing to sue on behalf of his daughter in challenging the recitation of the pledge in a public school classroom in California.
No Constitutional Right to Wear Marilyn Manson Shirts to School The Supreme Court has upheld the right of a public school to send a student home for wearing what they deemed to be an "offensive" Marilyn Manson t-shirt. The student, according to the court, had no First Amendment right to wear the shirt in an educational setting. And the debate over what rights kids have and do not have in the schoolhouse rages on. . .