by William C. Duncan | Nov 21, 2023
From the archives: Be thankful for religious freedom (and the not-so-uniform Pilgrims) Written by William C. Duncan Initially written after the close of a contentious presidential election, this post points out that the circumstances that led to our celebration of...
by William C. Duncan | Nov 16, 2023
The history behind ‘shouting fire in a crowded theater’ and other free speech phrases Written by William C. Duncan The free speech clause of the First Amendment is very simple: “Congress shall make no law … abridging the freedom of speech.” Public discussions...
by William C. Duncan | Nov 14, 2023
Why ‘Chevron deference’ raises serious concerns about the separation of powers Written by William C. Duncan Originally published in Deseret News. Individuals with special expertise can be helpful in trying to understand and respond to challenges that are not well...
by William C. Duncan | Nov 9, 2023
The first stirrings of freedom of speech: The Founders knew all about controversial opinions Written by The Colorado Supreme Court will soon be considering the claim of cake baker Jack Phillips, who says that declining a request to create a customized cake in...
by William C. Duncan | Nov 2, 2023
Maryland, N.J. courts affirm religious freedom of employers Written by In a recent post, I noted some signs that lower federal courts are adopting the protective approach toward religious freedom that has characterized the U.S. Supreme Court’s recent cases. Some...
