Statute
First Amendment
932 published works
PrawfsBlawg
Why Is the First Set of Amendments Unequal?
Main Friday, January 18, 2019Why Is the First Set of Amendments Unequal?In response to my post earlier this week about the Second Amendment, Orin Kerr asked why I think that…
PrawfsBlawg
The Bill of Rights Has First-Class and Coach Tickets
Main Wednesday, January 16, 2019The Bill of Rights Has First-Class and Coach TicketsSeveral judges are complaining that the Second Amendment right recognized in Heller is being given inadequate respect. A…
Constitutional Law Prof Blog
Fifth Circuit Dismisses Whistleblower Retaliation Claim under First Amendment, Qualified Immunity
The Fifth Circuit dismissed the free-speech claim of a state-court staff attorney who suffered reprisal for reporting judicial misconduct. The court ruled that the defendant, the court's chief justice, was…
Constitutional Law Prof Blog
Sixth Circuit Rebuffs Sweeping Free Speech Claim
The Sixth Circuit ruled today that a school district's exclusion of a non-preferred vendor from "Band Night" did not violate the First Amendment. In so ruling, the court rejected the…
Media Law Prof Blog
Carroll on Platforms and the Fall of the Fourth Estate @GeorgetownLaw
Erin Carroll, Georgetown University Law Center, has published Platforms and the Fall of the Fourth Estate: Looking Beyond the First Amendment to Protect Watchdog Journalism. Here is the abstract.Journalists see…
Religion Clause
10th Circuit: Church of the Creator Does Not Qualify As A “Religion”
In Hale v. Federal Bureau of Prisons, (10th Cir., Jan. 7, 2019), the U.S. 10th Circuit Court of Appeals, in a prisoner free exercise case, held that the white supremacist Church…
Media Law Prof Blog
Hudson on Anti-Profanity Laws and the First Amendment
David L. Hudson, Jr., has published Anti-Profanity Laws and the First Amendment at 42 T. Marshall L. Rev. 203 (2017). Here is the abstract.The essay first examines several current state…
Constitutional Law Prof Blog
Divided Second Circuit on Compelled Speech and Foreign Affiliates
In its opinion in Alliance for Open Society International v. United States Agency for International Development, the Second Circuit split in its application of the United States Supreme Court's 2013…
PrawfsBlawg
“The End of a Walking Dead Doctrine?”
Main Monday, December 17, 2018"The End of a Walking Dead Doctrine?"Here is my contribution to a symposium sponsored by the good folks at SCOTUSblog on the upcoming memorial-cross case. Here…
Media Law Prof Blog
Hudson on Justice Kennedy and the First Amendment @BelmontLaw
David L. Hudson, Jr., has published Justice Kennedy and the First Amendment at 9 Houston Law Review Off the Record 49 (2019). Here is the abstract.This essay reviews some of…