Matthew Deluca

April 06, 2023 | New York Law Journal

The Supreme Court's recent decision in Kennedy v. Bremerton was the death blow for the Lemon test and existing Establishment Clause jurisprudence. In its place, the majority mandated the court's apply a 'history and tradition' test, drawing dissent from Justice Sonia Sotomayor. Yet this historical approach to defining constitutional rights is becoming a hallmark of the current majority, with the potential to disrupt the status quo on a wide range of constitutional issues.

By Mark A. Cuthbertson and Matthew DeLuca

10 minute read

January 26, 2023 | New York Law Journal

'Fresh Air for the Eastside v. State of New York,' issued on On Dec. 7, 2022 is the first decision addressing the scope of the recently adopted "Green Amendment" to the New York State Constitution.

By Mark Cuthbertson and Matthew DeLuca

8 minute read

March 09, 2018 | New York Law Journal

While there is an extensive body of law on the First Amendment, New York courts have only addressed government social media in evidentiary disputes. However, recent decisions by the U.S. Supreme Court and a federal district court in Virginia suggest that the rigorous protections afforded to freedom of speech generally extend to the digital realm as well.

By Mark A. Cuthbertson and Matthew DeLuca

7 minute read