Cross & Gavel Audio

In 2010, the Supreme Court issued a consequential opinion that stifled the freedom of association across countless campuses when it came to religious groups. In CLS v. Martinez, in a divided 5-4 opinion, the Court opened the way for universities to limit group association by refusing to grant them power to elect those leaders best suited to carry on that group's mission and purpose. In a forthcoming article (here) in the Texas Review of Law and Politics, my guest today, Benjamin Fleshman, covers the infamous Martinez decision and the problem it created for student organizations across the country. Given the closeness of this topic to my own work, we discuss in some detail the infamous "all comers" policy (see this and this) still upheld in some law schools, e.g., UC-Berkeley (see this), nature of student organizations, the importance of recent Supreme Court decisions (see recent FCA en banc decision in the Ninth Circuit and then the other mentioned FCA case in Washington, D.C.), the recent attempts to strengt