There is no hate speech exception in the First Amendment, which protects freedom of speech. Zanita E. Fenton, a constitutional law professor at the University of Miami, said education could help students be more empathetic and promote conflict resolution.
The Trump effect I South Florida Times
“At Fenway Park when a young Kenyan woman sang the national anthem a middle-aged white man remarked that she had “ni***d it up.” At American University, students woke up to find bananas and a noose hanging from a lamppost on campus. And most recently, Lebron James came home to find the N-word spray-painted on his front gate. These are simply a few of the incidents cascading across our screens which suggest that open displays of racial hatred are on the rise.”—column by Donald Jones
Rebecca Sharpless, director of the immigration clinic at the University of Miami School of Law, noted that the Supreme Court has kept on with the approach it began in 1990 in a case called Taylor v. U.S., in which it “surveyed state law to define generic burglary.”
“The federal government keeps inviting the court to stray from the categorical approach, but the court keeps declining the invitation,” Sharpless said.
Trinity Lutheran: The Church-State Case Looms at the Supreme Court I Religion & Politics
A ruling for Trinity Lutheran could create a “major change” in the understanding of the Establishment Clause, according to Caroline Mala Corbin, professor at University of Miami School of Law. “If you had asked a religion scholar 40 years ago what they thought of a case involving cash grants to churches, just about everyone’s reaction would be this obviously violates the Establishment Clause,” Corbin said. “The fact that they’re claiming the denial of a cash grant to a church violates the Free Exercise is really rather astonishing because there is good reason to think it still does violate the Establishment Clause.”
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