Statute
First Amendment
932 published works
Appellate Advocacy Blog
Rethinking First Amendment Jurisprudence
The First Amendment to the United States Constitution protects the rights to freedom of speech and religion, which are essential to liberty and an informed citizenry. Indeed, the original purpose…
Religion Clause
4th Circuit: Muslim Inmate’s Free Exercise Claim Rejected; Establishment Clause Claim Remanded
In Firewalker-Fields v. Lee, (4th Cir., Jan. 17, 2023), the U.S. 4th Circuit Court of Appeals affirmed the dismissal of a Muslim inmate's 1st Amendment Free Exercise claim. Plaintiff alleged…
Simple Justice
For Love And Money, End This Battle
Why did they go after Jack Phillips? Why didn’t Jack Phillips just bake a cake? Why must this war play out in Masterpiece Cake Shop? As it turned out, it…
Religion Clause
7th Circuit: Law on Disposal of Fetal Remains Does Not Violate 1st Amendment
In Doe v. Rokita, (7th Cir., Nov. 28, 2022), the U.S. 7th Circuit Court of Appeals rejected 1st Amendment challenges to an Indiana statute that requires abortion providers to dispose of…
Media Law Prof Blog
Tsesis on Incitement to Insurrection and the First Amendment @LoyolaLaw @WFULawReview
Alexander Tsesis, Loyola University Chicago School of Law, is publishing Incitement to Insurrection and the First Amendment in the Wake Forest Law Review (2022). Here is the abstract.The free exchange…
PrawfsBlawg
Holmes and Alito
Main Tuesday, November 22, 2022Holmes and AlitoPaul has offered detailed comments on the NYT story about the Hobby Lobby leak and the broader anti-choice campaign to, as Paul puts it,…
PrawfsBlawg
Chamber of Commerce on corporate speech
Main Friday, November 11, 2022Chamber of Commerce on corporate speechThe chief legal officer of the U.S. Chamber of Commerce told a Fed Soc panel (paywalled) that corporate activism--particularly so-called "ESG…
Tucker Arensberg Blog
School District’s Discipline for Off-Campus Social Media Post Violated Student’s First Amendment Free Speech Rights
Ashley J. Puchalski, Esq., apuchalski@tuckerlaw.com, (412) 594-5509 In re Appeal of G.S., 269 A.3d 718, 722 (Pa. Commw. Ct. 2022), appeal denied, 61 MAL 2022, 2022 WL 2447538 (Pa. July 6, 2022)…
Religion Clause
5th Circuit: Confiscation Of Prisoner’s Religious Material Upheld
In DeMarco v. Bynum, (5th Cir., Oct. 4, 2022), the U.S. 5th Circuit Court of Appeals upheld the dismissal of a suit brought by an inmate who contended that confiscation of…
Religion Clause
Special Permit Requirement Only For Houses Of Worship Violates 1st Amendment
In Omar Islamic Center Inc. v. City of Meriden, (D CT, Sept. 30, 2022), a Connecticut federal district court held that a zoning regulation that required places of worship to obtain…