The Case for Liberty

The Story Behind Tinker v Des Moines

On this episode of The Case for Liberty, we’re bringing you a special presentation from the Supreme Court Historical Society.
Kelly Shackelford, First Liberty’s President and CEO tells the story of the landmark decision of Tinker v Des Moines on its anniversary at the Supreme Court.
He’ll share the story of Tinker family in full and explain why this case is so foundational in protecting our freedoms.
The Case for Liberty is a new podcast from First Liberty Institute. It offers a deep dive into the most important religious freedom cases of our day with some of the nation’s top religious freedom attorneys.
With rotating guests, The Case for Liberty is for those seeking an in-depth look at religious freedom in the law.
Timecodes:
00:00 Intro
5:17 SCOTUS Historical Society Intro
8:10 Justice Alito Intro
11:33 The Lecture Begins

2024 U.S. Supreme Court Term

The U.S. Supreme Court term is in full swing and we’re breaking down the biggest cases of the year. Guest host Jeremy Dys is joined by Chief Counsel and President of First Liberty, Kelly Shackelford, along with Kassie Dulin to discuss this term.
They’ll break down the biggest religious freedom cases currently at the Supreme Court – along with a few that didn’t make it all the way to the High Court.
The Case for Liberty is a podcast from First Liberty Institute. It offers a deep dive into the most important religious freedom cases of our day with some of the nation’s top religious freedom attorneys.
First Liberty’s Chris Freund hosts and guides the conversations while the attorneys delve into the details of our strategies and goals for each case. With rotating guests, The Case for Liberty is for those seeking an in-depth look at religious freedom in the law.
Timecodes:
00:00 Intro
1:12 Censorship and Social Media Cases
5:46 NRA v. Vullo
8:51 Tingley v Ferguson
10:27 Vitagliano v. County of Westchester
12:39 Missouri Dept. of Corrections v. Finny
14:02 MC v. Indiana Dept. of Child Services
16:42 SCOTUS Lightning Round
19:39 Threats to the Supreme Court
24:04 Final thoughts

Defending Jewish Synagogues

Right now, we’re seeing a wave of antisemitism across the U.S. Many Jewish Synagogues have been hit by city governments looking to punish these congregations just for trying to live out their faith.
On this episode, host Christ Freund is joined by Jeremy Dys, Senior Counsel, and Ryan Gardner, Counsel, to discuss these cases and how First Liberty is protecting our Jewish communities.
The Case for Liberty is a podcast from First Liberty Institute. It offers a deep dive into the most important religious freedom cases of our day with some of the nation’s top religious freedom attorneys.
First Liberty’s Chris Freund hosts and guides the conversations while the attorneys delve into the details of our strategies and goals for each case. With rotating guests, The Case for Liberty is for those seeking an in-depth look at religious freedom in the law.
 
Timecodes:
00:00 Intro
1:50 – Why are there so many cases defending Synagogues right now?
5:53 – Rabbi Illulian and Government Drones
12:50 – Rabbi Gerlitzky in Hawaii
15:06 – Can prayer be prohibited in your own home?
16:23 – Discrimination in NY
18:47 – What are the cities arguing?
23:08 – Toras Chaim in Dallas TX
25:01 – How First Liberty helps defend these congregations
32:15 – Did COVID help cities realize the First Amendment exist?

Space Force: Jace Yarbrough

On our next episode of the Case for Liberty, we’re going to look at a new case involving the military, censorship, cancel culture, and the reality of the hostility that people of faith who serve our nation currently face.
Joined by First Liberty Vice President of External Affairs and Director of Military Affairs, Mike Berry and Senior Counsel, Danielle Runyan, they’ll break down this new case and what it means for the future of our military.
The Case or Liberty is a new podcast from First Liberty Institute. It offers a deep dive into the most important religious freedom cases of our day with some of the nation’s top religious freedom attorneys.
First Liberty’s Chris Freund hosts and guides the conversations while the attorneys delve into the details of our strategies and goals for each case. With rotating guests, The Case for Liberty is for those seeking an in-depth look at religious freedom in the law.
 
Timecodes:
00:00 Intro
1:15 Who is Jace Yarbrough?
4:58 The unjust punishment of Jace
9:15 On duty vs off duty in the military
15:52 What’s happening in the department of defense?
19:17 What are we doing on Jace’s behalf?
25:59 What’s next in this case?
 
Show Notes:
https://firstliberty.org/space-force
https://firstliberty.org/cases/jace-yarbrough/
 

The Christmas Special

The Case for Liberty is back with a special Christmas episode.
Kelly Shackelford, our President, CEO and Chief Counsel, and Hiram Sasser, our Executive General Counsel, discuss some of our biggest cases from years past that directly involve Christmas and the holidays.
They do a deep dive into these cases and show how the future is bright for religious freedom.
The Case for Liberty is a new podcast from First Liberty Institute. It offers a deep dive into the most important religious freedom cases of our day with some of the nation’s top religious freedom attorneys.
First Liberty’s Chris Freund hosts and guides the conversations while the attorneys delve into the details of our strategies and goals for each case. With rotating guests, The Case for Liberty is for those seeking an in-depth look at religious freedom in the law.
 
Timecodes:
00:00 Intro
1:10 The Candy Cane Case (Morgan v Swanson)
6:27 Qualified Immunity for Schools
12:37 Tinker Quote and the aftermath of Candy Cane
15:00 Christmas in the Public Square
18:08 Lemon and Christmas Displays
21:05 Kennedy Victory Impact
24:38 What would you say to current school boards?
29:52 The conclusion of the Candy Cane Case
33:30 A big prediction

Cambridge v Florida High School Athletic Association

After a short break over the summer, The Case for Liberty is back with Cambridge v Florida High School Athletic Association.
In 2015, Cambridge Christian School was told by the Florida High School Athletic Association that it could not pray over the loudspeaker at its state championship football game.
The case was just heard at the 11th Circuit Court of appeals so Executive General Counsel, Hiram Sasser and Senior Counsel Jeremy Dys join the show to break down the argument.
The Case for Liberty is a new podcast from First Liberty Institute. It offers a deep dive into the most important religious freedom cases of our day with some of the nation’s top religious freedom attorneys.
First Liberty’s Chris Freund hosts and guides the conversations while the attorneys delve into the details of our strategies and goals for each case. With rotating guests, The Case for Liberty is for those seeking an in-depth look at religious freedom in the law.
 
Timecodes:
00:00 Intro
00:58 The year of 2015 and case history
8:51 The 11th Circuit
12:07 Government Speech v Private Speech
17:41 The 11th Circuit Oral Argument
21:49 Supreme Court Precedent
27:40 Implications of the Case
 
Show Notes:
https://firstliberty.org/cambridge/
https://firstliberty.org/media/cambridge-christian-school-tells-federal-appeals-court-that-prayer-at-football-game-is-constitutionally-protected/

The Death of Lemon v Kurtzman

With the one-year anniversary of First Liberty’s victory in Kennedy v Bremerton, we’re taking a look at the case overturned in Kennedy: Lemon v Kurtzman.
Featuring President, CEO and Chief Counsel Kelly Shackelford, along with General Executive Counsel, Hiram Sasser, this episode will explore why Lemon was so detrimental to religious freedom and how it’s finally been overturned.
The Case for Liberty is a new podcast from First Liberty Institute. It offers a deep dive into the most important religious freedom cases of our day with some of the nation’s top religious freedom attorneys.
First Liberty’s Chris Freund will be the host and guide through the conversations – delving into the details of our strategies and goals for each case. With a rotating cast of attorneys, The Case for Liberty is for those seeking an in-depth look at religious freedom in the law.
 
Timecodes:
00:00 Intro
1:29 The history of Lemon v Kurtzman
4:20 The issues with Lemon
8:35 The offended observer
11:25 How First Liberty tried to overturn Lemon
15:49 American Legion
21:59 The American Legion decision
23:46 Kennedy v Bremerton School District
27:37 End of the offended observer?
30:17 What’s next in Establishment Clause law?
 
Show Notes:
Coach Kennedy Case: https://firstliberty.org/comeback-coach/
The Bladensburg Cross Case: https://firstliberty.org/news/remembering-bladensburg-supreme-court-victory-kept-religious-freedom-standing/
 

Carson & Maine School Choice

Last year, we won the U.S. Supreme Court case, Carson v Makin on behalf of school choice in Maine. However, the state is continuing to discriminate against religious schools.
First Liberty Attorneys Lea Patterson and Courtney Jones join the podcast to discuss our victory in Carson, along with the history of Maine’s school-choice program. They’ll give a thoughtful legal perspective on the case and explain why we’re still fighting in court.
The Case for Liberty is a new podcast from First Liberty Institute. It offers a deep dive into the most important religious freedom cases of our day with some of the nation’s top religious freedom attorneys.
First Liberty’s Chris Freund is your host and guide through the conversations – delving into the details of our strategies and goals for each case. With a rotating cast of attorneys, The Case for Liberty is for those seeking an in-depth look at religious freedom in the law.
Learn more about this case: https://firstliberty.org/treat-children-fairly/
 
Timecodes:
00:00 Intro
1:29 The history of Maine public schools
4:55 What schools Maine kids can go to
5:50 The Blaine amendments
8:20 The first public school law
9:35 Case law leading to Carson
11:30 Locke v Davey
14:03 Trinity Lutheran & Espinosa
18:28 Religious use and the Court
21:49 Carson v Makin
27:40 The benefit of the tuition program
30:22 The implications & aftermath of Carson
33:03 Maine’s response to Carson
38:33 What we’re doing now
 
Episode Sources:
Richard Gabel, Public Funds for Church and Private Schools (1937)
Ava Harriet Chadbourne, The Beginnings of Education in Maine (1928)
Ernst C. Helmreich, Religion and the Maine Schools: An Historical Approach (1960)
McConnell, et al., Religion and the Constitution (4th ed. 2016)
https://www.johnbapst.org/about/mission-and-history/
Zelman v. Simmons-Harris, 536 U.S. 639 (2002)
Locke v. Davey, 124 S. Ct. 1307 (2004)
Trinity Lutheran Church v. Comer, 137 S. Ct. 2012 (2017)
Espinoza v. Montana Dep’t of Revenue, 140 S. Ct. 2246 (2020)
Carson ex rel. O.C. v. Makin, 142 S. Ct. 1987 (2022)
Pl.’s Compl., Crosspoint Church v. Makin, et al., No. 1:23-cv-00146 (D. Me.).
Maine AG’s Carson Press Release: https://www.maine.gov/ag/news/article.shtml?id=8075979
 

U.S. Navy SEALs v Biden

In the second episode of First Liberty Institute’s podcast, The Case for Liberty, we discuss our headline making case, U.S. Navy SEALs v Biden. Mike Berry, Director of Military Affairs, and Danielle Runyan, Senior Counsel, discuss the arguments involved the case and why it just might save our military.
The Case for Liberty is a new podcast from First Liberty Institute. It offers a deep dive into the most important religious freedom cases of our day with some of the nation’s top religious freedom attorneys.
First Liberty’s Chris Freund will be the host and guide through the conversations – delving into the details of our strategies and goals for each case. With a rotating cast of attorneys, The Case for Liberty is for those seeking an in-depth look at religious freedom in the law.
Learn more about this case: https://firstliberty.org/navyseals
Listen to the full oral argument at the 5th Circuit Court of Appeals: https://firstlibertylive.com/videos/the-navy-seals-uncut-oral-argument/
Timecodes:
00:00 Intro
1:40 How the SEALs case began
5:40 Why the SEALs were great clients
7:50 Who are the SEALs?
9:30 What happens if we lose this case
11:24 The SEALs in federal court
13:06 What Judge O’Connor ruled on the case
18:20 What the U.S. Supreme Court said
19:55 Where we are now
23:44 Military deference
25:42 Ramirez v. Collier
29:09 What is currently happening to our clients?
33:37 A military without morals?

Groff v Dejoy - The Faithful Carrier

In our inaugural episode of First Liberty Institute’s podcast, The Case for Liberty, Kelly Shackelford and Jeff Mateer discuss our recent U.S. Supreme Court case, Groff v Dejoy. They explain the legal strategy, the troubling precedent, and decipher what we heard at the highest court in the land.
The Case for Liberty is a new podcast from First Liberty Institute. It offers a deep dive into the most important religious freedom cases of our day with some of the nation’s top religious freedom attorneys.
First Liberty’s Chris Freund will be the host and guide through the conversations – delving into the details of our strategies and goals for each case. With a rotating cast of attorneys, The Case for Liberty is for those seeking an in-depth look at religious freedom in the law.
Watch the full oral argument: https://firstlibertylive.com/videos/the-faithful-carrier-live-at-the-supreme-court/
Learn more about this case: https://firstliberty.org/groff
 
Timecodes:
00:00 Intro
2:07 What we heard in the courtroom
4:17 The government’s argument
5:00 Our argument
10:12 How the EEOC and Congress fits in
13:08 The government’s tricky claims
15:04 Where SCOTUS has landed in past cases
18:48 Where the burden falls
21:54 The diversity of faiths in this case
24:18 Gerald Groff’s accommodation
26:12 The Hardison case and strict neutrality
30:00 Potential outcomes of the case
32:09 The significance of this case