Placing the particulars of Chaplain
Klingenschmitt’s case to the side for the moment, and assuming arguendo
that military chaplain’s have considerable religious autonomy with regard
to the content of the worship services they conduct, are there circumstances in
which military authorities ca
I'm grateful for Professor Friedman's blogging, and for Marty Lederman's thoughtful views on "speaking as a government employee." But just to remind everybody, US Code and Case Law both clearly define speech by military chaplains as NOT government speech, rather RELIGIOUS speech representing
Greg's concerns might support an across the board amendment to §1988, but they
have nothing to do with a bill that targets only the Establishment Clause for
complete loss of fees.
On the broader point, there are many obstacles to fee awards already, including
defendant's ability to litigate to
For what it's worth, back in 2000 there were similar legislative proposals to cut off fees for particular types of Establishment Clause claims (dealing with student _expression_ and memorials). The sole or principal justification in that case appeared to be Congress's opposition to the decisions
When I testified against HR 2679,I proposed
that, if the concern were truly with the burden fees posed(as opposed to disagreement
with the Establishment Clause which seems in fact to be the cause of
complaint) the bill be amended to allow Judges to deny fees when a governmental
body is fa
