CarolineMalaCorbin

@CarolineMalaCorbin@mastodon.lawprofs.org

Constitutional law professor specializing in speech, religion, and women's rights.

I look at the First Amendment through an equality lens. In a fight between liberty and equality, I root for equality.

Likes: art, science, LGBTQ rights, critical race theory, separation of church & state

Dislikes: disinformation, Christian nationalism, originalism

BlueSky @carolinemalacorbin.bsky.social
Twitter @CarolineMCorbin

This profile is from a federated server and may be incomplete. Browse more on the original instance.

CarolineMalaCorbin, to Florida

The Florida Supreme Court did allow a proposed amendment to protect abortion to go on the Florida ballot.

But the decision was very close: 4-3.

And three of those four went out of their way to condemn abortion

But at least they realized that it would be too obviously political to reject the amendment on the grounds the summary was misleading or the text was ambiguous

CarolineMalaCorbin, to Law

I am about the read the Florida Supreme Court's decision eliminating abortion rights under the Florida Constitution, which has an explicit right to privacy and has until today been read to reach the right to abortion.

I suspect I will become very, very angry at this blatantly outcome driven decision

...

Yes, yes I am.

Link: https://www.nytimes.com/interactive/2024/04/01/us/florida-abortion-ban.html

CarolineMalaCorbin,

The Florida Supreme Court's decision eliminating the right to abortion under the Florida Const is as unprincipled as the Supreme Court's decision eliminating it under the US Const.

Perhaps more, because the Florida Const has an EXPLICIT RIGHT TO PRIVACY

Once again, conservatives jettison precedent and manipulate "original public meaning" to get exactly the answer they want.

CarolineMalaCorbin, to Florida

Florida Court Allows 6-Week Abortion Ban, but Voters Will Get to Weigh In https://www.nytimes.com/2024/04/01/us/florida-abortion-law-supreme-court.html

Six week ban in Florida is constitutional?
What a disaster not just for Florida but the whole South.

Let's hope voters will amend the Florida Constitution AGAIN

#Florida #abortion #Fedilaw #LawFedi #FediProf #ProfFedi

CarolineMalaCorbin, to Florida

Appeals court blocks Fla. ‘Stop Woke Act,’ says it’s a ‘First Amendment sin’ https://www.washingtonpost.com/nation/2024/03/04/appeals-court-blocks-florida-stop-woke-act/

It is hard to find a more paradigmatic violation of the free speech clause than the govt censoring a private speaker because the govt doesn't like what the speaker is saying

#fedilaw #fediprof #DeSantis #Florida #freespeech #speech #FirstAmendment #Florida #lawfedi

CarolineMalaCorbin, to ethelcain

Alabama Rules Frozen Embryos Are Children, Raising Questions About Fertility Care https://www.nytimes.com/2024/02/20/health/ivf-alabama-abortion.html

Alabama Supreme Court: “Even before birth, all human beings have the image of God, and their lives cannot be destroyed without effacing his glory,”

Can we NOW agree that these abortion bans violate the Establishment Clause?

CarolineMalaCorbin, to Florida

Amid Florida’s Measles Outbreak, Florida Surgeon General acts unethically and unprofessionally [I changed the headline] https://www.nytimes.com/2024/02/23/well/family/florida-measles-outbreak-joseph-ladapo.html

You don't need to be a scientist or public health expert to know that this is absolutely bonkers.

Children with measles, an incredibly infectious disease, should not be going to school or wandering around making those who cannot vaccinate sick. They can permanently disable someone.

CarolineMalaCorbin, to Law

Top 10 Church-State and Religious Liberty Developments of 2023 https://religionclause.blogspot.com/2023/12/top-10-church-state-and-religious.html

One of the best websites for law and religion is Religion Clause, run by Howard Friedman

He posts relevant developments every day

Here's his list of the year's top ten stories

CarolineMalaCorbin, to Law

Donald Trump removed from Maine primary ballot by secretary of state https://www.washingtonpost.com/politics/2023/12/28/maine-trump-primary-ballot/

"The evidence here demonstrates that [Jan 6 Insurrection] occurred at the behest of, and with the knowledge and support of, the outgoing President. The U.S. Constitution does not tolerate an assault on the foundations of our government, and [Maine law] requires me to act in response.”

CarolineMalaCorbin, to Law

Florida Protecting Freedom is confident that it will have more than enough signatures to get on the 2024 ballot a proposed amendment to the Florida Constitution that would protect the right to abortion

The main hurdle to its being on the ballot may be getting the conservative Florida Supreme Court to approve the language.

CarolineMalaCorbin, to Law

Colorado Supreme Court on why "officer of the United States" in the Insurrection Clause includes President:

It makes no sense to "disqualif[y] every oath-breaking insurrectionist except the most powerful one & that it bars oath breakers from virtually every office, both state and federal, except the highest one in the land."

CarolineMalaCorbin, to Law

Here's the relevant text of the insurrection clause:

“No person shall …hold any office, civil or military, under the United States… who, having previously taken an oath… as an officer of the United States, … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."

CarolineMalaCorbin,

Interpretation questions:

Is the President an officer of the U.S.? Nothing in the text seems to suggest otherwise

Did Trump engage in insurrection? Inciting a mob to help prevent the peaceful transition of power sure seems like it could count. (Actually, an attempted coup even w/o a mob seems kinda treacherous too, but maybe that's just me)

CarolineMalaCorbin,

But what about Trump's SpEcH RighTs?

Sorry, I don't mean to belittle speech. Our democracy depends on free speech

Of course, our democracy also depends on the peaceful transition of power.

There are certain categories of speech that are not protected by the Free Speech Clause.

Incitement to imminent lawless action is one of them.

CarolineMalaCorbin,

Speech is not unprotected incitement unless three things are true

  1. the speaker advocates for violence/lawless action

  2. the speaker intends to incite imminent violence/lawless action

  3. the speech is likely to incite imminent violence/lawless action

CarolineMalaCorbin, to Law

"This argument is bold, in the same way that Captain Smith’s choice to navigate the Titanic into an iceberg field was bold. The modern concept of protective orders, after all, did not exist at the founding, which makes the absence of laws disarming people subject to protective orders not as dispositive as your average NRA lifetime member would think..." https://slate.com/news-and-politics/2023/11/rahimi-supreme-court-justices-gun-case-spectacle.html

This article is hilarious and spot on

#law #lawfedi #fedilaw #SupremeCourt #SCOTUS #Bruen #guns

CarolineMalaCorbin, to Law

Florida interprets it ban on DEI initiatives as " apply[ing] to all campus programs and activities in which the college or university “endorses or promotes a position” on “topics that polarize or divide society among political, ideological, moral, or religious beliefs, positions, or norms.”" https://newrepublic.com/article/176402/desantiss-war-woke-colleges-absurd-dangerous

It is hard to overstate how unconstitutional this is.

CarolineMalaCorbin,

@selmins

It acts like there was no such thing as constitutional rights

CarolineMalaCorbin, to Law

Employees' Objections to Covid Vaccine Were Not Religious https://religionclause.blogspot.com/2023/10/employees-objections-to-covid-vaccine.html

Court: "Foshee’s position, that God gave him a conscience that tells him what to do, similarly amounts to a 'blanket privilege.' The same conscience-based justification could be used to evade any job requirement that Foshee disagreed with.... That reasoning is not subject to any principled limitation in its scope."

CarolineMalaCorbin, to religion

School Material on Islam Did Not Violate Current Establishment Clause Test https://religionclause.blogspot.com/2023/10/school-material-on-islam-did-not.html

Providing information about a religion and its beliefs has never been an establishment clause problem.
It is presenting religious beliefs as true that's a problem.

#Religion #Establishment #law #lawFedi #LawProf

CarolineMalaCorbin, to Law

Ban on California's Publicly Funded Home School Program Covering Faith-Based Instruction Challenged https://religionclause.blogspot.com/2023/10/ban-on-californias-publicly-funded-home.html

Honestly, I already worry that some home school kids are deprived of a sound curriculum & exposure to a wide range of viewpoints

But now religious parents claim their religious rights are infringed if the state does not pay for religious materials to teach religion to their children.

Nope

#law #lawFedi #religion #education #homeschooling #ChristianNationalism #school

CarolineMalaCorbin, to Law

Texas AG Sues Yelp for $1M for Mislabeling Pregnancy Resource Centers http://religionclause.blogspot.com/2023/10/texas-ag-sues-yelp-for-1m-for.html

Crisis pregnancy centers are notorious for misleading women about the services that they offer, hiding the fact that they are not comprehensive clinics but strictly pro-life.

Yelp tried to do the right thing by using its own speech to flag this possibility.

#law #lawfedi #fedilaw #abortion #fraud #deception #Texas

CarolineMalaCorbin, to Law

Physician Assistant Can Move Ahead with Challenges to Her Dismissal for Her Views on Gender Identity i.e. She is claiming a right to misgender patients and a right to refuse to provide medicall referrals http://religionclause.blogspot.com/2023/09/physician-assistant-can-move-ahead-with.html

A hospital should be able fire someone for refusing to treat patients with the bare minimum of civility and dignity, never mind refusing to observe professional ethics

CarolineMalaCorbin, to Law

EEOC Sues Over Refusal of Religious Accommodation to Christian from Vaccine Mandate http://religionclause.blogspot.com/2023/09/eeoc-sues-over-refusal-of-religious.html

This seems like an odd use of the EEOC's limited resources.

The Supreme Court's decision in Groff v. DeJoy, which made it easier to seek religious accommodations at work under Title VII, invited lawsuits like this one.

I just didn't expect the EEOC to join in.

#law #lawfedi #fediLaw #TitleVII #religion #vaccines

CarolineMalaCorbin, to Law

Her students reported her for a lesson on race. https://www.washingtonpost.com/education/2023/09/18/south-carolina-teacher-ta-nehisi-coates-racism-lesson/?fbclid=IwAR1aG-4jOmn7JevVxaWgmiY1YPf1xiUQ9OEnlqMFNhLVJFi2Lv2Mk24vtT8

So basically, the laws prevent teaching public school students about America's racist past & present bc a white student can complain the lesson makes them "uncomfortable" due to race

If students do not learn about past #racism, they will never understand present systemic racism, and certainly not how to address it. But that is the point of these laws. To maintain the racist status quo.

#law #Fedilaw #lawFedi #education

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