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First Amendment
934 published works
Media Law Prof Blog
Haan on The Post-Truth First Amendment @shaan_haan
Sarah Haan, Washington & Lee School of Law, is publishing The Post-Truth First Amendment in volume 94 of the Indiana Law Journal (2018). Here is the abstract.Post-truthism is widely understood…
PrawfsBlawg
ACLU in the NYT (Updated)
Main Sunday, July 15, 2018ACLU in the NYT (Updated)I was traveling last week, so I was unable to read and comment on last week's New York Times Magazine feature on…
Constitutional Law Prof Blog
District Judge Enjoins FDA Health Warnings for Cigars on First Amendment Appeal
Professor Ruthann Robson, City University of New York (CUNY) School of LawIn a brief opinion in Cigar Association of America v. United States Food and Drug Administration, Judge Amit Mehta…
Constitutional Law Prof Blog
Fifth Circuit Clarifies: Nonfinal Decisionmaker Can Be Liable for Retaliation for Free Speech
Steven D. Schwinn, John Marshall Law SchoolThe Fifth Circuit ruled last week in Sims v. City of Madisonville, that a nonfinal decisionmaker can be liable for a retaliatory discharge against…
Constitutional Law Prof Blog
Check it Out: Liptak on Free Speech’s Right Turn
Check out Adam Liptak's piece in The NYT, How Conservatives Weaponized the First Amendment.The Roberts court does more than hear a larger proportion of cases concerning conservative expression. It is…
Reproductive Rights Prof Blog
Students sue University of Notre Dame for restricting access to some birth control
Washington Post (Jun. 27, 2018): Students sue University of Notre Dame for restricting access to some birth control, by Erin B. Logan: A Notre Dame alumna and three current student sued the…
Employment Law Watch
Supreme Court Holds Public Unions May Not Charge Non-Members Fees.
By Betty S.W. Graumlich, Adam Weiner
The United States Supreme Court’s decision in Janus v. American Federation of State, County and Municipal Employees (AFSCME) makes clear that agency fee agreements in the public sector are unconstitutional…
Labor & Employment Law Navigator
Janus v. AFSCME – The Supreme Court Outlaws Forced Union Dues or Agency Fees in the Public Sector
In one of the most significant labor decisions in decades, the Supreme Court today held in Janus v. AFSCME that public sector workers cannot be forced, over their first amendment…
RLUIPA Defense Blog
Supreme Court Says Bon Voyage To Trump Travel Ban Challenges
By Evan Seeman
Yesterday, the Supreme Court issued its highly anticipated decision in Trump v. Hawaii, 585 U.S. ___ (2018) regarding Presidential Proclamation No. 9645, otherwise known as the “Travel Ban.” To the…
Constitutional Law Prof Blog
Court Strikes Fair Share
Steven D. Schwinn, John Marshall Law SchoolThe Supreme Court today ruled that Illinois's fair-share, agency-fee requirement for non-members of public sector unions violated the First Amendment. The ruling deals a…