First Amendment to the United States Constitution

Latter-day Saints lawsuits raise questions over Mormon tithing – can churches just invest funds members believe are for charity?

Retrieved on: 
Wednesday, November 8, 2023

Three men have filed a lawsuit against the Church of Jesus Christ of Latter-day Saints – also known as the LDS or Mormon church – and its investment arm, Ensign Peak Advisors, Inc.

Key Points: 
  • Three men have filed a lawsuit against the Church of Jesus Christ of Latter-day Saints – also known as the LDS or Mormon church – and its investment arm, Ensign Peak Advisors, Inc.
  • LDS church doctrine requires its members to tithe – that is, give 10% of their income to the church.

3 kinds of relief

  • The men are seeking three forms of relief.
  • They’re also requesting other monetary relief, including that the LDS church pay their legal fees.
  • In February 2023, the U.S. Securities and Exchange Commission found that Ensign Peak, the church’s investment arm, had failed to make required disclosures of its securities portfolio.
  • By a whistleblower’s estimate, it may be as high as $100 billion.

Donors generally have no say

  • Charitable donations, generally of money or property, are often deductible for tax purposes because churches qualify as exempt under section 501(c)(3) of the Internal Revenue Code.
  • While donors cannot get their money back when they are disappointed by a charity, they will probably stop making donations.

Fiduciary duty – for the institution

  • They argue that the church breached its fiduciary duties to its members – all of whom are also its donors.
  • Fiduciary duties encompass a special duty to act in the best interests of someone or something, based on certain legal relationships.

Allegations of fraud

  • In Utah, plaintiffs must file fraud suits within three years of when they discover or should have discovered fraudulent behavior.
  • And the Ensign Peak allegations first surfaced in 2019 – four years before the plaintiffs filed this lawsuit.
  • Their lawyers argue that the statute of limitations does not bar the case, because the LDS church hid how it used the money and plaintiffs could not have discovered the alleged fraud until recently.

Seeking relief

  • But they are also asking for the court to order the LDS church to make periodic financial disclosures and to appoint an independent authority outside the church to oversee the church’s finances.
  • Appointing somebody to oversee how the LDS church raises and spends its money would violate this doctrine.


Samuel Brunson is practicing member of the Church of Jesus Christ of Latter-day Saints.

NCLA Amicus Brief Tells Ninth Circuit to End Calif. Ban on Special Ed. Funding for Religious Schools

Retrieved on: 
Friday, November 3, 2023

Provisions in the California Education Code only allow “nonsectarian” schools to be certified for receiving special education services.

Key Points: 
  • Provisions in the California Education Code only allow “nonsectarian” schools to be certified for receiving special education services.
  • By categorically denying these resources to religious schools, California defies the First Amendment’s clause protecting the free exercise of religion.
  • The Becket Fund for Religious Liberty represents Jewish parents and private schools, in Loffman v. California Dept.
  • We have every confidence that the Ninth Circuit will enjoin this misguided law.”

Institute for Democracy and Higher Education Transitions from Tufts University to AAC&U

Retrieved on: 
Tuesday, October 31, 2023

Washington, DC, Oct. 31, 2023 (GLOBE NEWSWIRE) -- The American Association of Colleges and Universities (AAC&U) announced today the transition of the Institute for Democracy and Higher Education from the Jonathan M. Tisch College of Civic Life at Tufts University to AAC&U.

Key Points: 
  • Washington, DC, Oct. 31, 2023 (GLOBE NEWSWIRE) -- The American Association of Colleges and Universities (AAC&U) announced today the transition of the Institute for Democracy and Higher Education from the Jonathan M. Tisch College of Civic Life at Tufts University to AAC&U.
  • The Institute for Democracy and Higher Education (IDHE) is a nonpartisan applied research center focused on improving student and institutional engagement in US democracy.
  • IDHE serves as a resource for institutions and organizations throughout the higher education community.
  • Throughout her career, Thomas has led efforts to advance democratic norms and practices in and through higher education.

NCLA Petitions en Banc Sixth Circuit to Halt Government-Directed Social Media Censorship

Retrieved on: 
Tuesday, October 31, 2023

asking an en banc U.S. Court of Appeals for the Sixth Circuit, or the three-judge panel, to rehear the case and halt the government’s unconstitutional assault on free speech.

Key Points: 
  • asking an en banc U.S. Court of Appeals for the Sixth Circuit, or the three-judge panel, to rehear the case and halt the government’s unconstitutional assault on free speech.
  • Biden Administration officials, including some within the Department of Health and Human Services, have violated the First Amendment by directing social media companies to censor viewpoints that conflict with the government’s Covid-19 messaging.
  • The en banc Sixth Circuit should correct the panel’s error and allow the Changizi plaintiffs to continue their lawsuit seeking to put a stop to the government’s extensive social media censorship activities.
  • We urge the Sixth Circuit, sitting en banc, or the panel itself, to rehear the case and correct this error.”

Minister Farrakhan addresses the Nation of Islam's lawsuit filed against the ADL and SWC

Retrieved on: 
Friday, October 27, 2023

CHICAGO, Oct. 27, 2023 /PRNewswire-PRWeb/ -- The Honorable Minister Louis Farrakhan will speak to the lawsuit He and the Nation of Islam filed on October 16, 2023 in US District Court for the Southern District of New York (Case Number: 1:2023cv09110), against the Anti-Defamation League, its CEO Jonathan Greenblatt, the Simon Wiesenthal Center, and one of its directors, Rabbi Abraham Cooper for alleged First Amendment violations and defamation.

Key Points: 
  • The Honorable Minister Louis Farrakhan will speak to the lawsuit He and the Nation of Islam filed on October 16, 2023, against the Anti-Defamation League, its CEO Jonathan Greenblatt, the Simon Wiesenthal Center, and one of its directors, Rabbi Abraham Cooper for alleged First Amendment violations and defamation.
  • CHICAGO, Oct. 27, 2023 /PRNewswire-PRWeb/ -- The Honorable Minister Louis Farrakhan will speak to the lawsuit He and the Nation of Islam filed on October 16, 2023 in US District Court for the Southern District of New York (Case Number: 1:2023cv09110), against the Anti-Defamation League, its CEO Jonathan Greenblatt, the Simon Wiesenthal Center, and one of its directors, Rabbi Abraham Cooper for alleged First Amendment violations and defamation.
  • Tune in at NOI.org , Saturday, October 28, 2023, at 1:00 p.m. E.S.T.
  • View original content to download multimedia: https://www.prweb.com/releases/minister-farrakhan-addresses-the-nation-o...

Cahill Announces Election of Seven New Partners & Four New Counsel

Retrieved on: 
Thursday, October 26, 2023

"We are thrilled to welcome these seven outstanding lawyers to our partnership," said Herbert S. Washer, Cahill's Executive Committee Co-Chair.

Key Points: 
  • "We are thrilled to welcome these seven outstanding lawyers to our partnership," said Herbert S. Washer, Cahill's Executive Committee Co-Chair.
  • "Each brings a unique and extraordinary skillset, combined with an enduring commitment to our clients, which will allow us to satisfy the steadily-increasing demand across our practice groups."
  • Andrew E. Lee focuses his practice on private credit, representing direct lending, mezzanine and alternative capital providers across the capital structure.
  • Miles also represents other banks and global corporations in a range of litigation, including First Amendment matters.

Public schools and faith-based chaplains: Texas’ new combination is testing the First Amendment

Retrieved on: 
Thursday, October 26, 2023

Beaumont Independent School District recruited volunteer clergy to counsel K-12 students on topics such as self-esteem, peer pressure and violence.

Key Points: 
  • Beaumont Independent School District recruited volunteer clergy to counsel K-12 students on topics such as self-esteem, peer pressure and violence.
  • The goal, officials said, was to create volunteer opportunities, encourage conversation about civic values and morality, and enhance safe learning environments.
  • Local boards have until March 1, 2024, to choose whether to allow chaplain programs in their schools.

Lone Star State

  • In fact, Texas ranks 23rd in the nation in student-to-counselor ratios, with almost 400 students for every counselor.
  • One bill requiring officials to display a 16-by-20-inch copy of the Ten Commandments in every public school classroom was passed in the state Senate but died on the floor of the House in May 2023.

Shifts at SCOTUS

  • The most famous of these was often called “the Lemon test,” referring to the court’s 1971 decision in Lemon v. Kurtzman.
  • According to the endorsement test, a policy is permissible if a “reasonable observer” would not think it was endorsing or disapproving of religion.
  • Finally, in 1992, the court abandoned a test it applied only once, in Lee v. Weisman: coercion.
  • The justices invalidated prayer at a public school graduation ceremony on the basis that it coerced people present into listening.

Crossing the line?

  • Even so, SB 763 raises at least three thorny issues about how to assess whether a policy violates the First Amendment.
  • Having faith-based chaplains – a move many Texas chaplains themselves oppose – arguably puts the power of the state behind their actions.
  • Third is the question of which faiths will be represented and whether the chaplain program would appear to endorse some religions over others.

Votes ahead

  • Boards have begun to vote on whether to allow chaplains in their schools.
  • SB 763 raises serious questions about what crosses the line toward establishing religion that, I believe, will likely result in litigation.
  • Thus, both sides – whether in favor of or opposed to having chaplains in schools – should be mindful of the aphorism to “be careful what you wish for.”


Charles J. Russo does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

U.S. Supreme Court to Hear Landmark NCLA Case Against Government Social Media Censorship

Retrieved on: 
Saturday, October 21, 2023

This afternoon the Court agreed to hear arguments over the Fifth Circuit’s grant of a preliminary injunction in Missouri v. Biden, a case brought on behalf of NCLA clients Drs.

Key Points: 
  • This afternoon the Court agreed to hear arguments over the Fifth Circuit’s grant of a preliminary injunction in Missouri v. Biden, a case brought on behalf of NCLA clients Drs.
  • The New Civil Liberties Alliance welcomes this opportunity to defend the First Amendment rights of our clients in the U.S. Supreme Court.
  • NCLA released the following statements:
    “We are disappointed Americans’ First Amendment rights will be vulnerable to government infringement until this case is decided.
  • The First Amendment forbids such censorship, and the Supreme Court must never allow such mischief again, if we are to keep our democracy.”

Crabcakes, Cannabis, and the First Amendment: How the Jack Daniels SCOTUS Decision is Affecting Small Businesses

Retrieved on: 
Thursday, October 12, 2023

ANNAPOLIS, Md., Oct. 12, 2023 /PRNewswire-PRWeb/ -- Maryland-based company, Crabcakes & Cannabis®, has made the decision to stop selling a popular parody sticker amidst a cease-and-desist dispute with global seasoning giant McCormick & Company, Incorporated, the makers of Old Bay® seasoning. The novelty sticker, which humorously parodies the iconic Old Bay spice jar, sparked controversy as McCormick alleged trademark infringement and tarnishing of their image by associating it with marijuana.

Key Points: 
  • "When a large business bullies a small business through costly litigation, it makes standing up for your rights nearly impossible.
  • Our parody sticker was intended to pay homage to the Maryland brand, not to tarnish anyone's reputation."
  • When a large business bullies a small business through costly litigation, it makes standing up for your rights nearly impossible.
  • Crabcakes & Cannabis, renowned for its distinctive Maryland cannabis-themed apparel, has long embraced the unique cultural and traditional facets of Maryland.

SKLAR KIRSH PARTNER JUSTIN GOLDSTEIN PROFILED IN THE LA500 BY LOS ANGELES BUSINESS JOURNAL

Retrieved on: 
Thursday, October 5, 2023

LOS ANGELES, Oct. 5, 2023 /PRNewswire/ -- Los Angeles-based law boutique Sklar Kirsh LLP announced that Partner Justin Goldstein has been profiled in the LA500 by Los Angeles Business Journal for the fourth year running.

Key Points: 
  • LOS ANGELES, Oct. 5, 2023 /PRNewswire/ -- Los Angeles-based law boutique Sklar Kirsh LLP announced that Partner Justin Goldstein has been profiled in the LA500 by Los Angeles Business Journal for the fourth year running.
  • The LA500 recognizes the most influential and esteemed professionals in the Los Angeles area.
  • "Our team has, once again, taken on the challenging project of researching, identifying and highlighting and most influential, most powerful and most impactful business professionals in the Los Angeles region," says the publisher.
  • Goldstein chairs the litigation practice group at Sklar Kirsh, where he is also a member of the firm's management committee.