Statute
First Amendment
932 published works
Hiring To Firing Law Blog
Are Employees Entitled to Free Speech?
By Troutman Pepper Locke's Labor + Employment Group
As we all learned in school, the First Amendment to the U.S. Constitution prohibits Congress from making laws that “abridge the freedom of speech.” Employer-created rules and decisions are not…
NextGen Financial Services Report
United States Supreme Court to Resolve Circuit Split Involving the Constitutionality of “No Surcharge” Laws
By Dykema
On September 29, 2016, the United States Supreme Court granted certiorari in the matter of Expressions Hair Design et al. v. Schneiderman, on appeal from the Second Circuit Court of Appeals,…
PrawfsBlawg
The Claim that the Media is Rigging the Election–and Citizens United
Main Tuesday, October 18, 2016The Claim that the Media is Rigging the Election--and Citizens UnitedThis post floats a tentative thought, welcoming reaction to it (but isn't that in part what…
PrawfsBlawg
A lawyer’s unexpected 15 minutes
Main Tuesday, October 18, 2016A lawyer's unexpected 15 minutesDavid McCraw, the New York Times attorney who responded to Trump's threatened lawsuit, discusses the unexpected reaction to that letter. Posted by…
Rocky Mountain Sign Law Blog
First Circuit Rejects New Hampshire “Ballot Selfie” Law
Late last month, the First Circuit Court of Appeals upheld a lower court decision finding that a New Hampshire law prohibiting digital photography of completed election ballots violated the First…
Gender and the Law Prof Blog
Challenging the Constitutional Exceptionalism of Religious Liberty for Sex-Based Bias
By Tracy Thomas
Michele Goodwin & Allison Whelan, Constitutional Exceptionalism, Univ. Ill. L.Rev. (forthcoming)Abstract: Exceptionalism is the perception that a country, society, institution, movement, or time period is ‘‘exceptional’’ (i.e., unusual or extraordinary)…
Media Law Prof Blog
Bhagwat on Justice Scalia and the Clear Articulation of Legal Rules
Ashutosh Avinash Bhagwat, University of California, Davis - School of Law, is publishing Free Speech and 'a Law of Rules' in the First Amendment Law Review. Here is the abstract.In…
Rocky Mountain Sign Law Blog
Pennsylvania Court Dismisses Several Claims and Denies Preliminary Injunction in Buffer Zone Case
The City of Harrisburg, Pennsylvania enacted a “buffer zone” ordinance that disallows an individual to “knowingly congregate, patrol, picket or demonstrate in a zone extending 20 feet from any portion…
Rocky Mountain Sign Law Blog
Federal Court Finds New York Village’s Sign Code Content Based
Last month, a federal magistrate judge in New York recommended invalidating yet another sign code as content based in violation of the First Amendment to the U.S. Constitution. In February…
Rocky Mountain Sign Law Blog
Court: Utility Pole Warning Signs are Forced Speech in Violation of First Amendment
[caption id="" align="alignright" width="599"] The court ruled that signs like the one shown above are forced speech in contradiction of First Amendment rights of utility companies. Source: Newsday.[/caption] In a…