FedSoc Forums Litigation Update: Meriwether v. Hartop
Jun 1, 2021
51:43
In a decision issued on March 26, 2021, the Sixth Circuit held Professor Nicholas Meriwether, a long-time philosophy professor at Shawnee State and a devout Christian, had plausibly alleged Shawnee State violated his First Amendment Speech and Free Exercise rights by subjecting him to discipline over use of pronouns.
On the Speech claim: the Sixth Circuit found the Supreme Court’s decision in Garcetti v. Cebalos did not apply to bar Meriwether’s claim since the Court had expressly withheld applying the precedent to “a case involving speech related to scholarship or teaching.”
On the Free Exercise claim: based on the hostility to religion demonstrated by Shawnee State officials, the Sixth Circuit found strict scrutiny under Lukumi Babalu v. City of Hialeah rather than rational basis under Employment Division v. Smith applied, so Meriwether had successfully established a Free Exercise claim sufficient to survive a motion to dismiss.
Joining us to discuss the implications of the decision for academic freedom, free speech and religious liberty is Mr. Casey Mattox, Vice President for Legal and Judicial Strategy, Americans for Prosperity.
Featuring:
-- Casey Mattox, Vice President for Legal and Judicial Strategy, Americans for Prosperity
On the Speech claim: the Sixth Circuit found the Supreme Court’s decision in Garcetti v. Cebalos did not apply to bar Meriwether’s claim since the Court had expressly withheld applying the precedent to “a case involving speech related to scholarship or teaching.”
On the Free Exercise claim: based on the hostility to religion demonstrated by Shawnee State officials, the Sixth Circuit found strict scrutiny under Lukumi Babalu v. City of Hialeah rather than rational basis under Employment Division v. Smith applied, so Meriwether had successfully established a Free Exercise claim sufficient to survive a motion to dismiss.
Joining us to discuss the implications of the decision for academic freedom, free speech and religious liberty is Mr. Casey Mattox, Vice President for Legal and Judicial Strategy, Americans for Prosperity.
Featuring:
-- Casey Mattox, Vice President for Legal and Judicial Strategy, Americans for Prosperity