Statute
First Amendment
932 published works
Religion Clause
Student Who Objects To Reciting Pledge May Move Ahead On Compelled Speech Claim Against Teacher
In Oliver v. Klein Independent School District, (SD TX, March 25, 2020), a Texas federal district court, while dismissing a number of plaintiff's claims, allowed a high school student to move ahead…
The Capital Commitment
U.S. Supreme Court Denies Bid to Review Dismissal of Challenge to Pay-To-Play Rule
By Adam L. Deming, Anthony M. Drenzek, Michael R. Hackett, Joshua M. Newville, Robert E. Plaze, Samuel J. Waldon
On January 13, 2020, the United States Supreme Court denied certiorari to an appeal of a June 2019 order from the United States Court of Appeals for the D.C. Circuit…
PrawfsBlawg
YouTube not a state actor (Updated)
Main Wednesday, February 26, 2020YouTube not a state actor (Updated)When SCOTUS decided Halleck last term and held that a private company managing public-access cable channels is not a state actor,…
Close-Ups
Shia LaBeouf Walks Into a Bar . . . And Ends Up Losing an Anti-Slapp Motion
On November 19, 2019, the California Court of Appeal held that comments made by celebrity actor Shia LaBeouf in a private and isolated dispute were not a matter of public…
Media Law Prof Blog
Langvardt on Four Modes of Speech Protection for Algorithms @kylelangvardt
Kyle Langvardt, University of Detroit Mercy School of Law, is publishing Four Modes of Speech Protection for Algorithms in Cambridge Handbook on Law and Algorithms (2020). Here is the abstract.Computer…
Constitutional Law Prof Blog
Ninth Circuit Rules on Court Processes and Media Right to Access
Steven D. Schwinn, UIC John Marshall Law SchoolThe Ninth Circuit ruled on Friday that a media plaintiff had a First Amendment right to access nonconfidential civil complaints, and that one…
Legal Skills Prof Blog
How To Do Things With Signs: Semiotics in Legal Theory, Practice, and Education by Harold Anthony Lloyd
How To Do Things With Signs: Semiotics in Legal Theory, Practice, and Education by Harold Anthony Lloyd.AbstractDiscussing federal statutes, Justice Scalia tells us that “[t]he stark reality is that the…
PrawfsBlawg
Universal consent decrees
Main Thursday, January 16, 2020Universal consent decreesTwo U Conn students who were prosecuted and sanctioned by the university for violating the school policy against "disruptive behavior" for uttering a racial…
PrawfsBlawg
What we mean by one-sided
Main Sunday, January 12, 2020What we mean by one-sidedReviews for the documentary "No Safe Spaces"--an exploration featuring Adam Corolla and Dennis Prager of anti-conservative speech restrictions on college campuses--have divided…
Craft Beer Law Prof
A Circuit Split and Legalized Pay-To-Play: You’d Rather Be an Independent Craft Brewer in the Ninth Circuit than the Eighth Circuit Today
This could be really bad for independent craft beer. Most states have tied-house laws that prevent manufacturers from giving retailers a “thing of value.” Among the many prohibitions this encompasses,…