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University of California Hastings College of the Law: Denial of Recognition to Christian Law School Group

Case Materials

• "'Christian Legal Society v. Martinez:' Frequently Asked Questions," August 30, 2010
• "FIRE letter to UNC Chapel Hill Chancellor Holden Thorp, August 13, 2010," August 13, 2010
• "ADF Supplemental Response," July 26, 2010
• "'Lopez v. Candaele' Defendants Cite 'CLS v. Martinez'," July 15, 2010
• "In ‘CLS v. Martinez’ Ruling, Sharply Divided Supreme Court Undermines Freedom of Association on Campus," June 28, 2010: In a blow to freedom of association and religious liberty on campus, a sharply divided U.S. Supreme Court ruled today that a public university may require its student organizations to admit any student as a voting member or officer, regardless of whether that student openly disagrees with or is even hostile to the group's fundamental beliefs.
• "FIRE Files Supreme Court 'Amicus' Brief Supporting Freedom of Association in 'Christian Legal Society v. Martinez'," February 4, 2010: Today, the Foundation for Individual Rights in Education (FIRE) filed an amicus brief with the U.S. Supreme Court. FIRE is asking the Court to defend the First Amendment right to freedom of association by overturning the Ninth Circuit Court of Appeals' decision in Christian Legal Society v. Kane, which allowed University of California Hastings College of the Law to forbid its chapter of the Christian Legal Society to organize around shared religious and cultural beliefs. FIRE's brief, which was joined by the national student organization Students For Liberty, also pointed out that the Ninth Circuit's decision let Hastings demand that all groups accept "all comers" as voting members, which leaves groups with minority viewpoints subject to hostile takeovers by students in the majority.
• "FIRE Amicus Brief in Christian Legal Society v. Martinez, February 4, 2010," February 4, 2010

Blog Entries

• "A Roundup of 2011’s Free Speech Case Law," by Andrew Kloster, December 28, 2011
• "Reaping What Was Sowed by the Supreme Court in 'Martinez', Ninth Circuit's Decision in 'Alpha Delta' is a Worrying One for Freedom of Association," by Azhar Majeed, August 10, 2011
• "This Month in FIRE History: Victory for Freedom of Association at Central Michigan University," by Bridget Glackin, April 18, 2011
• "Extensive Article on Controversy Over Campus Christian Groups in 'Deseret News'," April 14, 2011
• "Arizona Bill Would Allow Student Organizations to Exercise Expressive Association," by Erica Goldberg, April 6, 2011
• "The Year of 'Christian Legal Society v. Martinez'," by Erica Goldberg, December 22, 2010
• "Greg Interviewed about the Dangerous Likelihood of Colleges Misinterpreting 'CLS v. Martinez'," by Jordan Fischetti, August 19, 2010
• "Student Groups Are in Danger -- Help FIRE Defend Them!," by Greg Lukianoff, August 17, 2010
• "Podcast: Greg Discusses 'CLS v. Martinez' with School Reform News," by William Creeley, August 9, 2010
• "Los Angeles College District Taken to Task for Misconstruing 'Martinez'," by Erica Goldberg, July 27, 2010
• "Greg Baylor on the CFN Conference 'Philosophy' Panel," by Luke Sheahan, July 22, 2010
• "Attention, University Counsel: Narrow Holding in ‘Martinez’ Is Irrelevant to Speech Code Cases," by Erica Goldberg, July 21, 2010
• "KC Johnson on What Comes After 'CLS v. Martinez' ," by Robert Shibley, July 12, 2010
• "Nat Hentoff: Supreme Court Got ‘Martinez’ Wrong," by Meghan Grizzle, July 9, 2010
• "Cathy Young on Why ‘Martinez’ is a Dangerous Precedent," by Meghan Grizzle, July 7, 2010
• "In 'Chronicle' Article, Higher Education Experts Disavow the Notion that University Policies Are Safe After 'Martinez'," by Azhar Majeed, July 2, 2010
• "'Wall Street Journal' and 'L.A. Times' Blast Supreme Court's Decision in 'CLS v. Martinez'," by Luke Sheahan, July 2, 2010
• "The ‘Subsidy’ Is Not the Issue: The Incorrect Framing of ‘CLS v. Martinez’," by Erica Goldberg, July 1, 2010
• "SPLC's Frank LoMonte Asks: How Might 'CLS v. Martinez' Affect Student Press? ," by Peter Bonilla, July 1, 2010
• "Dispute Over Scope of Hastings Policy Underscores Narrowness of 'Martinez' Decision," by Azhar Majeed, June 30, 2010
• "In 'Martinez,' Justice Ginsburg Disregards Serious Threat of Hostile Takeovers ," by Meghan Grizzle, June 29, 2010
• "Law Professor Richard Epstein Weighs in on 'CLS v. Martinez'," by Peter Bonilla, June 29, 2010
• "First Reactions to 'CLS v. Martinez' ," by William Creeley, June 28, 2010
• "Kennedy's Concurrence in 'Martinez' Highlights Court's Misguided Views on Role of Student Organizations ," by Erica Goldberg, June 28, 2010
• "Supreme Court Decision in 'CLS v. Martinez' Expected Monday," by William Creeley, June 25, 2010
• "Supreme Court Oral Argument in 'CLS v. Martinez,' While Contentious, Transcended Ideology on Key Points," by Erica Goldberg, April 20, 2010
• "After Media Weighs In, Supreme Court Hears Oral Arguments in 'CLS v. Martinez' ," by William Creeley, April 19, 2010
• "FIRE Chairman Harvey Silverglate in the 'Wall Street Journal'," by Robert Shibley, April 16, 2010: FIRE Co-founder and Chairman Harvey Silverglate has written an editorial in today's Wall Street Journal tackling the First Amendment issues at stake in the U.S. Supreme Court case of Christian Legal Society v. Martinez, which goes before the high court on Monday. Harvey asks: "Can a public university force a Christian student group to accept as leaders students who explicitly reject core tenets of the group's faith? On Monday the Supreme Court will entertain precisely this question—and the First Amendment right to freedom of association hangs in the balance." In February, Harvey submitted the amici brief that FIRE and national student group Students for Liberty filed with the Supreme Court in the case on behalf of the Christian Legal Society.
• "'CLS v. Martinez' Highlights Flaws in Universities' Expansive Understanding of 'Discrimination'," by Erica Goldberg, March 23, 2010
• "American Council on Education's Supreme Court Brief Gets It Wrong on 'Martinez'," by Azhar Majeed, March 17, 2010
• "'Christian Legal Society v. Martinez' Case on CPNLive.com," February 12, 2010
• "FIRE Files Supreme Court 'Amicus' Brief Supporting Freedom of Association in 'Christian Legal Society v. Martinez'," by Robert Shibley, February 4, 2010
• "'Cornell Daily Sun' Explores Important Freedom of Association Issue, Previews Upcoming Supreme Court Decision in 'Martinez'," by Azhar Majeed, January 20, 2010
• "2009's Struggle for Freedom of Association on Campus to be Resolved by Supreme Court in 2010," by William Creeley, January 1, 2010
• "Supreme Court Agrees to Hear Hastings Law School Case; Right to Expressive Association on Campus Hangs in the Balance," by William Creeley, December 7, 2009
• "University of Montana Christian Legal Society Files Suit," by Samantha Harris, January 2, 2008

Media Coverage

• "A basic freedom takes liberal hit,"
  by Nat Hentoff, The Trentonian, July 10, 2010
• "Fighting for Religious Freedom with FIRE,"
  by Meghan Grizzle, Everyday Christian, June 30, 2010
• "New Venue for Anti-Bias Debate,"
  by Scott Jaschik, Inside Higher Ed, June 29, 2010
• "Supreme Court Decision on Law School's Anti-Bias Policy May Have Limited Impact,"
  by Peter Schmidt, The Chronicle of Higher Education, June 28, 2010
• "Free Association and the First Amendment,"
  by Harvey Silverglate, The Wall Street Journal, April 16, 2010
• "Conflicting Rights,"
  by Scott Jaschik, Inside Higher Ed, December 8, 2009
• "A clash of rights,"
  by Scott Jaschik, Inside Higher Ed, September 17, 2007
• "Choosing Their Flock,"
  by Burton Bollag, Chronicle of Higher Education, January 28, 2005