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In 2000, the Supreme Court ruled in Boy Scouts of America v. Dale that Boy Scouts, and all private organizations, have the constitutionally protected right under the First Amendment of freedom of association to set membership standards.
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And the question is not what John Ashcroft or Arlen Specter hold as religious views, but whether the sacrosanct provisions of the First Amendment on freedom of religion will be maintained and enforced.
Lawyers for the A.C.L.U. have argued that civil gang injunctions violate a host of constitutional rights, including the First Amendment right of freedom of association and due process rights guaranteed by the Fifth and 14th Amendments.
The only way to stand up to bullying is to continually champion our First Amendment right of freedom of speech.
Some people view sign restrictions as a serious threat to the First Amendment guarantee of freedom of speech.
The judge, Michael D. Stallman, wrote in his ruling Tuesday afternoon, "The court is mindful of movants' First Amendment rights of freedom of speech and peaceable assembly".
The problem is that over the last decade the Police Department has shown utter contempt for Fourth Amendment guarantees of freedom from unreasonable search and seizure.
New York should learn from Philadelphia, where the stop-and-frisk policy was the subject of a 2010 class-action suit for racial discrimination and violations of Fourth Amendment guarantees of freedom from unreasonable searches and seizures.
Instead of belittling the claims of the plaintiffs, the city needs to settle these suits and ensure that police policies adhere to Fourth Amendment guarantees of freedom from unreasonable search and seizure.
In a concurring opinion, Justice Thomas insisted unapologetically that, because teachers in the colonial era imposed strict discipline "with an iron hand," students today should have no First Amendment rights of freedom of speech in public schools.
Last year the New Jersey Supreme Court ruled that the Boy Scouts are a "public accommodation," to which the state law applies, and rejected the argument that the First Amendment guarantee of freedom of association shielded the Scouts' policy.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com