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 ….
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 firstname.lastname@example.org.
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.
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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 …