An appeals court has denied a rehearing in a case surrounding a California high school's banning of American flag shirts on Cinco de Mayo.
The Ninth Circuit Court of Appeals ruled Wednesday that the lawsuit Mariano vs. Morgan Hill Unified School District will not be heard before the full court.
On Wednesday morning the Ninth Circuit Court of Appeals declined a request for an en banc hearing in a case holding that school officials could censor students who peacefully wore American flag clothing because those students were violently threatened by anti-American classmates. In other words, the court upheld a classic "heckler's veto," and in so doing empowered violent bullies and undermined decades of free-speech jurisprudence.
The facts of Dariano v. Morgan Hill Unified School District are relatively simple: On Cinco de Mayo, anti-American students threatened a small group of their fellow students who chose to wear American flag–themed clothing. Rather than discipline the bullies, the school gave the kids who wore the flags a choice, turn their shirts inside-out, or go home. Two students chose to go home.
Under traditional constitutional principles, this is an easy case. Your free-speech rights do not depend on a listeners' subjective response, and they are certainly not conditioned on a listeners' willingness to break the law. Otherwise, free speech means nothing — bullies would be empowered to shut down speech whenever and wherever they wish. more >>
One of the lead actors in the hit Christian film "God's Not Dead" recently shared his opinion on why Hollywood tends to make relatively few Christian-themed films.
Kevin Sorbo, an actor who played the skeptical professor in the blockbuster film, recently talked with Peter Heck on his radio program about "God's Not Dead" and Hollywood movies.
Observing the success of "God's Not Dead," Heck noted that there "is a market" for Chrsistian films and asked Sorbo when he thinks Hollywood will "get it." more >>
It's a disturbing trend taking place on university campuses around the nation. Thanks to a 2010 Supreme Court decision, state universities are now allowed to restrict "belief organizations from requiring belief."
The way this is playing out in real life is that Christian clubs are no longer allowed to require their members and leaders to be Christian.
Yes, you read that correctly. Pretty much defeats the purpose of having the club, doesn't it? more >>
Arkansas State University violated the law when they ordered football players to either remove or modify crosses they had affixed to their helmets, a prominent religious liberty law firm alleges.
The cross decals were meant to memorialize former player Markel Owens who was killed in January and former equipment manager Barry Weyer, who was killed in a June car crash.
"ASU's actions in defacing the students' memorial stickers to remove their religious viewpoint is illegal viewpoint discrimination against the students' free speech," said Hiram Sasser, director of litigation for Liberty Institute. more >>
A federal appeals court panel has upheld New Jersey's law banning sexual orientation change therapy for minors, in agreement with a lower court decision.
Three judges from the Third Circuit Court of Appeals ruled Thursday in King v. Christie that while they held some disagreement with an earlier district court decision, they still affirmed the decision against the plaintiffs.
At issue was New Jersey's A3371, a law passed in 2013 with strong bipartisan support, which bans conversion therapy for LGBT minors. more >>