The lawsuit is in Federal Court and the cause of action is based upon someone under the color of state law denying a right protected by the US Constitution.
The First Amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.How does
Congressapply to the states via incorporation? Is there some sort of magic transformation that makes the text different when incorporated by the fourteenth amendment? Moreover, how is a restriction clearly upon the government applicable to a private institution? — I know it's a private institution because of other interesting legal discussions regarding rights more explicitly protected. — So, yeah, using the first amendment here is stupid because it sets up precedence on things that are obviously false.