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Q: “Wouldn’t you love to see one of these NFL owners, when somebody disrespects our flag, to say, ‘Get that son of a (expletive) off the field right now. Out. He’s fired. He’s fired!'” — President Donald Trump at an Alabama political rally on Sept. 22. But can government leaders or employers force individuals to participate, in the customary way, in national rituals such as the national anthem or the Pledge of Allegiance?
The legal issues raised by President Trump in his remarks are essentially twofold. The first deals with whether a business owner can mandate certain conduct in a private workplace. The second speaks to whether government can force conventional conduct, such as putting one’s hand over the heart while reciting the Pledge of Allegiance. That situation has a simple legal answer; the first does not. Read more ….
Welcome to
ABA Legal Fact Check
The late U.S. senator and diplomat Daniel Patrick Moynihan said, “everyone is entitled to his own opinion, but not his own facts.” In today’s fast-moving world, it is often difficult to distinguish between fact and opinion. Through our new ABA Legal Fact Check, the American Bar Association will use case and statutory law and other legal precedents to separate legal fact from fiction. Please feel free to pose a question or tell us how we are doing at legalfactcheck@americanbar.org.
Hilarie Bass
ABA President
Recent legal news and the law behind it
The U.S. Supreme Court is considering the constitutionality of President Donald Trump's travel bans, which were done through executive orders. Among other issues, the actions have raised the issue: What are the limits on presidential executive orders? Read more …
“Hate speech is not protected by the First Amendment.” – Portland Mayor Ted Wheeler after two men were killed in the spring of 2017 when they confronted another individual who was uttering anti-Muslim slurs.
But that analysis is wrong.
Read more …
With hurricane season here, state and local authorities have the lawful power to order mandatory evacuations to protect lives either before or after a natural or man-made disaster. But residents in the path of a storm may believe these orders force them to choose between following the law and protecting their property. Read more …
“Nobody should be allowed to burn the American flag – if they do, there must be consequences – perhaps loss of citizenship or a year in jail!” then President-elect Trump tweeted in mid-November 2016. Can a person be punished for burning or desecrating the American flag? If they own the flag, they cannot, according to two Supreme Court decisions. Read more …
When a Google engineer was fired this month after his 10-page document chastising the company's diversity efforts became public, it raised questions about whether free speech is protected in the workplace. There is no blanket protection, and the extent of protection depends on many factors. Read more …
A U.S. president has broad powers to issue pardons to individuals involved in criminal investigations. But are those powers unlimited? No, there are some limitations such as for offenses on a state level. And, it is unsettled whether a president can pardon him- or herself. Read more …
On August 1, 2017, the Justice Department announced plans to investigate and possibly sue universities over affirmative action admissions policies determined to discriminate against white applicants, according to a New York Times report. Is it constitutional for universities to consider affirmative action in college admissions? Read more …
Calls to break up the U.S. Ninth Circuit Court of Appeals are floated on a regular basis. They surfaced again in late April after the U.S. Ninth Circuit Court of Appeals ruled against President Trump's immigrant travel ban. Could such a breakup be done? Yes, but breaking up, even for a federal judicial circuit, can be hard to do. Read more …
