Statute
First Amendment
932 published works
Collegiate & Professional Sports Law Blog
U.S. Supreme Court: School District Cannot Fire Coach for Personal Religious Observance After Games
The U.S. Supreme Court has held in favor of a former high school football coach in western Washington who lost his job after kneeling to pray on the 50-yard line…
Canna Law Blog
First Amendment May Help Cannabis Companies Beat Trademark Infringement Claims
Editor’s Note: A version of this article by Fred Rocafort was first published on Law360. The U.S. Constitution’s free speech protections, found in the First Amendment, may present a legal…
PrawfsBlawg
Cert dened in Coral Ridge Ministries
Main Monday, June 27, 2022Cert dened in Coral Ridge MinistriesBeginning on p.11, with dissent from Thomas but not Gorsuch (who has called for reconsidering NYT v. Sullivan) or anyone else.…
Gender and the Law Prof Blog
Revenge Porn and the First Amendment: Prioritizing the Victim’s Autonomy
By Tracy Thomas
Roni Rosenberg & Hadar Dancig-Rosenberg, Revenge Porn in the Shadow of the First Amendment, 24 U. Penn J. Con. L. (forthcoming 2022)Millions of people around the world, most of them…
Libation Law Blog
Court finds craft brewer’s label protected by free speech, state regulation of label content unconstitutional (yes, it’s Flying Dog… again)
Flying Dog Brewery has long been known for its Ralph Steadman label artwork. Steadman partied with Hunter S. Thompson and some of that interaction is humorously detailed in several of…
Religion Clause
Plaintiff Lacks Standing To Challenge No-Fault Divorce Law Under 1st Amendment
In King v. State of New York, (2d Cir., May 9, 2022), the U.S. 2nd Circuit Court of Appeals held that plaintiff lacked standing to challenge New York's no-fault divorce law…
Municipal Minute
Supreme Court Finds City in Violation of First Amendment for Denying Religious Flag on City Flag Pole
On Monday, the U.S. Supreme Court issued an opinion finding the City of Boston in violation of the First Amendment after it denied a religious group the ability to fly…
PrawfsBlawg
How is this not legislative immunity?
Main Friday, April 22, 2022How is this not legislative immunity?Ninth Circuit allows a First Amendment suit to go forward by a member of the Oregon legislature against against legislative leaders…
Health Law Prof Blog
First Amendment Challenges to State Vaccine Mandates: Why the U.S. Supreme Court Should Hold that the Free Exercise Clause Does not Require Religious Exemptions
Donna M. Gitter (Baruch College), First Amendment Challenges to State Vaccine Mandates: Why the U.S. Supreme Court Should Hold that the Free Exercise Clause Does not Require Religious Exemptions, 71…
Gender and the Law Prof Blog
Feminism and Free Speech
By Tracy Thomas
Mary Anne Franks, Speaking of Women: Feminism and Free Speech, Signs J. (2022)*** It is no less important to ask of First Amendment law what Finley asks about law generally: “If…