First Amendment

  • September 18, 2017
    Guest Post

                                                                                                                                                            by Patrick Kibbe, Associate, Cleary Gottlieb Steen & Hamilton and co-chair of the Constitution in the Classroom Committee for the ACS DC  Lawyer Chapter.

    This past Sunday, September 17, marked Constitution Day – a day to celebrate and commemorate the 230th anniversary of the signing of the U.S. Constitution. The Constitution was the first of its kind – a document enshrining the roles and limits of government, created and adopted by “We the people” of an independent nation. Its promise and the responsibilities it imposes on the people of this nation endure to this day.

  • September 18, 2017
    Guest Post

    by Christina Beeler, ACS Student Board member

    President Donald Trump seemingly endorses police brutality of suspects. He said, “like when you guys put somebody in the car and you’re protecting their head, you know, the way you put their hand over? Like, don’t hit their head and they’ve just killed somebody – don’t hit their head. I said, you can take the hand away, okay?” Although defenders insisted his remarks were made in jest, police departments all over the country rushed to condemn Trump’s remarks.

    Trump’s words brought up an old debate: should the protections of the Constitution extend only to those we deem worthy of empathy or is the Constitution there to protect even those who we may find abhorrent?

  • September 13, 2017

    by Caroline Fredrickson

    Over the past few years, the American Constitution Society has been bringing volunteers into the nation’s elementary, middle and high schools to raise awareness of fundamental constitutional principles. Each year around Constitution Day in September, ACS lawyers and law students volunteer their time to teach excited young minds about their constitutional rights and responsibilities through the “Constitution in the Classroom” project.

  • September 5, 2017
    Guest Post

    Andy Blevins, Legal & Policy Manager, OutServe-SLDN

    Serving in our nation’s military is undeniably one of the most courageous and selfless acts an individual can make. According to former Defense Secretary Ash Carter, nothing but an individual’s “lack of merit” should prevent them from such service. President Obama agreed: merely being transgender should not disqualify somebody from military service, he said.

    Neither Mr. Carter’s nor President Obama’s statements created a newfound desire to serve this nation: transgender people have been serving alongside us, in silence, forever. In fact, it is estimated that more than 15,000 transgender individuals are currently wearing the cloth of our country. They follow more than 134,000 transgender veterans and precede even more who are standing by, ready to offer their own commitment and dedication to our nation.

  • June 6, 2017
    Guest Post

    *This piece originally appeared on Take Care.

    by Douglas NeJaime, ACS Board of Academic Advisors, Professor of Law and Faculty Director, Williams Institute, UCLA School of Law and Reva Siegel, ACS Board Member and Nicholas deB. Katzenbach Professor of Law, Yale Law School.

    Religious exemptions from laws that require doctors to care for patients, employers to pay employees, or store owners to deal with customers in a respectful and nondiscriminatory way can hurt and demean citizens who do not share the claimant’s religious beliefs. Exemption claims of this kind are now spreading under the banner of religious liberty in the culture wars.

    Today, some conservatives are advancing expansive religious exemption claims to stigmatize contraception and restrict women’s access to it. Contraception is “the new abortion.” There are religious conservatives who call certain contraceptive methods “abortifacients,” even in cases where evidence shows that the methods do not operate in ways that satisfy their religious definition of abortifacients. Others oppose all methods of contraception as encouraging “a contraceptive mentality” that separates sex and reproduction.

    These claims about contraception are connected not only to abortion but also to same-sex marriage. As we documented in our 2015 Yale Law Journal article, “Conscience Wars,” many religious conservatives object to contraception, abortion, and same-sex marriage in part because they divert sex and marriage from procreative ends.