Statute
First Amendment
932 published works
PrawfsBlawg
Trump, Twitter, mootness, and attorney’s fees
Main Saturday, January 09, 2021Trump, Twitter, mootness, and attorney's feesJosh Blackman raises a question about the government's cert petition in Trump v. Knight Foundation, holding that the President violated the…
Media Law Prof Blog
Bowman on Universities’ Speech and the First Amendment @Prof_KBowman @NebLRev
Kristine L. Bowman, Michigan State University, is publishing Universities' Speech and the First Amendment in the Nebraska Law Review (2021). Here is the abstract. Increasingly, scholars and students alike suggest that…
Talkov Law Blog
Rhetorical Hyperbole Defense to Defamation Under the First Amendment
By Scott Talkov
Defamation Defense of Opinion Means that “Rhetorical Hyperbole, Vigorous Epithets, Lusty and Imaginative Expressions of Contempt” are Protected by the First Amendment Many politicians and others in the public eye…
PrawfsBlawg
Departmentalism and the First Amendment
Main Thursday, December 17, 2020Departmentalism and the First AmendmentLast month I speculated that government officials might enact laws they know will not survive judicial review but that make good political…
Sixth Circuit Appellate Blog
Sixth Circuit stays injunction in challenge to Kentucky public health measures that did not exempt religious schools from general prohibition on in-person instruction.
This post arrives thanks to Erica M. Van Heyde, a 2020 graduate of The Ohio State University Mortiz College of Law, who joins Squire Patton Boggs as an associate in 2021. …
PrawfsBlawg
Lethal religion
Main Thursday, December 03, 2020Lethal religionThe Third Circuit held in an unpublished opinion that a Delaware prison did not violate RLUIPA or the First Amendment in denying a Jewish prisoner…
Appellate Advocacy Blog
Covid-19 and Religious Liberty
In Roman Catholic Diocese of Brooklyn, New York v. Cuomo, the Roman Catholic Diocese of Brooklyn sought emergency injunctive relief, claiming that an Executive Order issued by Governor Andrew Cuomo…
PrawfsBlawg
More state universality (Updated)
Main Saturday, November 28, 2020More state universality (Updated)A judge in the Eastern District of Kentucky enjoined a Kentucky executive order closing schools, finding it violated the First Amendment rights of…
Simple Justice
God v. Science, Constitutionally Speaking
The First Amendment to the United States Constitution protects the free exercise of religion, which makes it a pretty big deal, even if a lot of us aren’t particularly religious,…
PrawfsBlawg
Paying for vaccination and the First Amendment
Main Monday, November 23, 2020Paying for vaccination and the First AmendmentI am intrigued by this idea making the rounds: Pay people (amounts thrown around are $ 1000-$1400) for getting the…