Constitutional Law: Civil Rights: First Amendment Freedoms: Reformulation of the Clear and Present Danger Doctrine

1952 ◽  
Vol 50 (3) ◽  
pp. 451
Author(s):  
Bernard A. Petrie

2020 ◽  
Author(s):  
Sachin S. Pandya ◽  
Marcia McCormick

This paper reviews the U.S. Supreme Court’s opinion in Bostock v. Clayton County (2020). There, the Court held that by barring employer discrimination against any individual “because of such individual’s . . . sex,” Title VII of the Civil Rights Act of 1964 also bars employment discrimination because an individual is gay or transgender. The paper then speculates about how much Bostock will affect how likely lower court judges will read other “sex” discrimination prohibitions in the U.S. Code in the same way, in part based on a canvass of the text of about 150 of those prohibitions. The paper also discusses the religion-based defenses that defendants may raise in response under Title VII itself, the Religious Freedom Restoration Act, and the First Amendment of the U.S. Constitution.



2021 ◽  
Vol 39 (3) ◽  
pp. 47-51
Author(s):  
N. А. Gazimagomedova ◽  

The article discusses the problems of further improving the theory and legislation of constitutional law, as well as the practice of ensuring and protecting human and civil rights and freedoms in the Russian Federation based on the novels of the constitutional reform of 2020. All-Russian requirements in the regions of the North Caucasian Federal District.



Author(s):  
John D. Skrentny

This chapter explores racial realism in the advertising and entertainment industries (movies, TV, and professional sports). These cases are distinctive because they are almost totally focused on racial signaling—the image of the worker is very much the product that the employers are selling. Racial signaling is thus common in all of them, though rarer in sports than the other sectors, especially in the last few decades. Hence, the chapter shows that civil rights law does not authorize these practices. It also examines the possibility that television shows' dependence on use of federally regulated airwaves, and sports teams' dependence on the public financing of stadiums might provide legal openings for racial realism in these sectors. Since this employment sector is about expression, this chapter also explores possible First Amendment defenses for these employers, and shows that at least one court has found a constitutionally protected freedom to discriminate.





Sign in / Sign up

Export Citation Format

Share Document