Statute
First Amendment
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Education Law Prof Blog
The Implications of the Use of Parental Choice as a Legal “Circuit Breaker”
By Derek Black
Julie Mead and Maria Lewis have published a new study in the American Educational Research Journal titled The Implications of the Use of Parental Choice as a Legal “Circuit Breaker.” The article…
IP Intelligence
Sex, Lies, and the First Amendment (but No Copyright): Hulk Hogan’s Leg Drop on Gawker
On Friday night, a Florida jury delivered a stunning verdict in Hulk Hogan’s lawsuit against Gawker Media LLC and its sundry entities, awarding the former wrestler and movie and television…
Rocky Mountain Sign Law Blog
New York Town’s Political Sign Regulations Found Invalid
The Town of Southeast’s sign regulations provided an exemption from permitting for political signs, so long as their placement did not exceed 21 days. In 2011, the code was amended…
Education Law Prof Blog
Taylor Bell’s Rap Song Comes to an End; Supreme Court Denies Certiorari
By Derek Black
Yesterday, the U.S. Supreme Court denied certiorari in Taylor Bell's case. The case involved a high school student who had written and performed a song on youtube. The song was…
RLUIPA Defense Blog
Is a permit requirement for door-to-door solicitation a violation of the 1st Amendment?
By Evan Seeman, Dwight Merriam, John Peloso, Guest Contributor
The Arkansas-Louisiana Conference of Seventh-Day Adventists (the “Adventists”) filed a lawsuit in the Eastern District of Arkansas, contending that a local ordinance in White Hall, Arkansas (the “City”) restricts its…
Race and the Law Prof Blog
Speaking of Equality — Professor Leong Contributes to the Alternative Constitution Day Symposium
Speaking of EqualityAlternative Constitution Day provides an opportunity to reflect on the defects in the Constitution of 1789 as well as in the Bill of Rights ratified in 1791. Of…
RLUIPA Defense Blog
Zombie Case Just Won’t Die
By Evan Seeman, Dwight Merriam, John Peloso, Guest Contributor
It’s maybe one of our favorite blog posts titles of all time: “Zombies Outshine Satan? More Controversial Holiday Displays, Including Baby, Fanged, Undead Jesus and Dogs in Costumes.” The case…
Incontestable Blog
Fox Argues that “Empire” Is Protected Under The First Amendment in Trademark Dispute
On December 15, 2015, Twentieth Century Fox moved for summary judgment in its trademark dispute with Empire Distribution, Inc. (“Empire”), arguing that Fox’s use of the term “Empire” for the…
Education Law Prof Blog
Taylor Bell’s Message Really Is Getting Out, All-Star List of Rappers, Professors, and Others Join His First Amendment Plea to the Supreme Court
By Derek Black
Somewhat in jest, my earlier posts said that Taylor Bell really knows how to get his message out. Taylor Bell is a high school student who was suspended and sent…
Global Investigations & Compliance Review
Fair Go vs First Amendment in Australia: bans to political donations by property developers survive constitutional challenge
If you’ve ever been to Australia, or are familiar with Australian politics, there is a good chance that you have heard the catch cry of the ‘fair go.’ For our…