free speech Archives - Cockle Legal Briefs

JDB and Brown: Kids-(and Parents?)-and the Constitution

Pamela Joy2019-03-18T18:47:56-05:00July 11th, 2011|Tags: brown v. entertainment merchants assn., constitutional rights of minors, free speech, jdb v. north carolina, miranda rights, originalism|

Two cases from the mopping-up phase of the recent Supreme Court term—J.D.B. v. North Carolina and Brown v. Entertainment Merchants Assn.—have me thinking about kids and the Constitution. These two cases join prior Court decisions that delineate the constitutional rights of minors—cases such as Tinker v. Des Moines School District (1st Amendment—children [...]

More On Justice Alito’s Dissent In Phelps

Justice Alito’s dissent in Snyder v. Phelps, 09-751, has received more press than any of his previous Supreme Court opinions. I covered this topic last week on the CockleBur, as did Dahlia Lithwick, Jeffrey Rosen at the Washington Post, Michael Dorf, Josh Blackman, and the Harvard Civil Rights-Civil Liberties. Yesterday, John Paul Rollert at the Huffington [...]