First Amendment

Thanks to Martha Nussbaum, Geoffrey Stone, and Lior Strahilevitz for helpful comments. All errors are mine.

Many people helped me think through the problems addressed in this article. I am especially grateful to Larry Alexander, Randy Barnett, David Bernstein, Julie Cohen, Lee Anne Fennell, Martin Lederman, Gary Peller, Adam Samaha, Geoffrey Stone, Mark Tushnet, and Rebecca Tushnet, and to participants at workshops at The University of Chicago Law School, Georgetown University Law Center, and Loyola University Law School. I received excellent research assistance from James Banda and Richard Harris.

We thank Dawn M. Chutkow as well as participants in the Understanding Education in the United States Symposium at the University of Chicago Law School for comments on an earlier draft. Professor Sisk offers thanks to his assistant, Bethany Fletcher, for recording data coding and to law students Eric Beecher and Alicia Long for assistance with opinion coding. A spreadsheet containing our data set, regression run results, coding of each decision, coding of each judge, and code books may be found at http://courseweb.stthomas.edu/gcsisk /religion.study.data/cover.html.

The author thanks Faisal Alam, Jelena Kristic, Brad Reid, Chris Vidiksis, and Eugene Weber for expert research assistance. Thanks for helpful suggestions and discussion are owed to Marvin Ammori, Miriam Baer, Katherine Barnes, Scott Boone, Annemarie Bridy, Ellen Bublick, Robin Effron, Kirsten Engel, Tom Folsom, James Grimmelmann, Rob Heverly, Dan Hunter, Margo Kaplan, Rebecca Kysar, Brian Lee, Lyrissa Lidsky, Sarah Light, Tom Lin, Gregg Macey, Irina Manta, David Marcus, Toni Massaro, Milton Mueller, Thinh Nguyen, Mark Noferi, Liam O’Melinn, Jim Park, David Post, Christopher Robertson, Simone Sepe, William Sjostrom, Roy Spece, Nic Suzor, Alan Trammell, Greg Vetter, Brent White, Mary Wong, Jane Yakowitz Bambauer, Peter Yu, Jonathan Zittrain, the participants in the IP Scholars Roundtable at Drake University School of Law, the participants in a workshop at Florida State University College of Law, and the participants in a workshop at the University of Arizona James E. Rogers College of Law. The author gratefully acknowledges the Dean’s Summer Research Stipend Program, Dean Michael Gerber, and President Joan G. Wexler at Brooklyn Law School for financial support. The author welcomes comments at derekbambauer@email.arizona.edu.

For helpful comments and discussions, I thank Charles Barzun, Christopher Eisgruber, Chad Flanders, Richard Garnett, Abner Greene, John Harrison, Andrew Koppelman, Jody Kraus, Douglas Laycock, Matthew Lister, Christopher Lund, Charles Mathewes, James Nelson, Saikrishna Prakash, George Rutherglen, Fred Schauer, Seana Shiffrin, Lawrence Solum, Mark Storslee, Nelson Tebbe, Pierre-Hugues Verdier, Xiao Wang, Free Williams, and audiences at Brooklyn Law School, the University of Pennsylvania Law School, and the Nootbaar Institute’s Annual Conference on Religion and Ethics at the Pepperdine University School of Law. I owe special thanks to Leslie Kendrick and Richard Schragger, who read and commented on multiple drafts. I am also grateful to Adam Yost for excellent research assistance.