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First Amendment
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Workplace Privacy, Data Management & Security Report
Supreme Court Weighs in on School Regulation of Students’ Social Media Speech
By Joseph J. Lazzarotti, Jason C. Gavejian, Maya Atrakchi
Last week, the U.S. Supreme Court held that a Pennsylvania school district went too far when it suspended a student from participation in the school’s cheerleading squad based on “vulgar”…
PrawfsBlawg
Florida social-media law (unsurprisingly) violates the First Amendment
Main Thursday, July 01, 2021Florida social-media law (unsurprisingly) violates the First AmendmentJudge Hinkle of the Northern District of Florida declared that the law violates the First Amendment and preliminarily enjoined…
Ogletree Deakins Insights
SCOTUS and Social Media: What Employers Can Learn from the Court’s Recent Ruling about a Student’s Posts
By Publisher
On June 23, 2021, the Supreme Court of the United States issued its decision in Mahanoy Area School District v. B.L., No. 20-255 (2021), holding that a student’s off-campus social…
School Law
SCOTUS Gets It Right in ‘Mahanoy’ With Measured Response to Student Speech
By Joette Katz, Thomas B. Mooney
In April, the United States Supreme Court heard argument in a case that could have changed the school law landscape. The issue before the court was whether the Mahanoy Area…
School Law
CAS Legal Mailbag Question of the Week – 6/24/2021
Dear Legal Mailbag: This morning, I heard on the news that the United States Supreme Court ruled yesterday that students cannot be punished for online, off-campus speech. As I understand…
Litigators at Work
Supreme Court: Philadelphia Ordinance Unconstitutionally Burdened Religious Exercise
By Michelle E. Phillips, Kristopher W. Peters, Christopher M. Repole
The U.S. Supreme Court has found that Philadelphia’s ordinance requiring a private foster care agency to certify same-sex couples as foster parents burdened the agency’s religious exercise in violation…
PrawfsBlawg
Speech and blame-shifting
Main Tuesday, June 08, 2021Speech and blame-shiftingThere is a high burden to holding speakers liable for misconduct by others--absent some agreement or conspiracy, there must be intent that listeners engage…
PrawfsBlawg
Standing for (a challenge to) the national anthem or Standing up to zombie laws
Main Sunday, May 30, 2021Standing for (a challenge to) the national anthem or Standing up to zombie lawsThere is a potential problem surrounding challenges to Texas' new law requiring the…
PrawfsBlawg
State action and free speech at Yankee Stadium
Main Saturday, May 29, 2021State action and free speech at Yankee StadiumTwo fans at Thursday's game at Yankee Stadium were ejected from Yankee Stadium after hanging this banner from the…
Religion Clause
Opening Of Court Sessions With Prayer Violates Establishment Clause
In Freedom From Religion Foundation, Inc. v. Mack, (SD TX, May 21, 2021), a Texas federal district court held that a program devised by a Justice of the Peace under which…