Statute
First Amendment
932 published works
Religion Clause
Suit Challenges Library’s Policy on Use of Meeting Room
Suit was filed this week in an Alabama federal district court by Eagle Forum, a Christian community educational organization, challenging the policy of the Tuscaloosa Public Library that bars use…
Balkinization
The Lost Terminology of Incorporation
By gerardn-maglioccabalkin-blogspot-com
Today in a Bill of Rights case that involves a state statute, the Court simply declares that the issue is a "First Amendment" case or a "Second Amendment" case. Older…
Simple Justice
The Conundrum of Debt And UPL
First, Judge Paul Crotty held that New York’s law prohibiting the unauthorized practice of law could not survive strict scrutiny in an action brought by Upsolve, a company dedicated to…
Hall Benefits Law Blog
Eighth Circuit Finds Standing for School Employees Challenging Mandatory DEI Training in First Amendment Suit
By Anne Hall
The U.S. Court of Appeals for the Eighth Circuit issued a split decision, reversing a lower federal court’s finding that two school employees lacked standing to bring a First Amendment…
Wait A Second!
Supreme Court rules for religious parents in public school gender-transitioning case
By secondcircuitcivilrightsblogsecondcircuitcivilrig
Without hearing oral argument, the Supreme Court has ruled that religious parents in California are likely to win their case challenging a state law that bars public schools from telling…
Religion Clause
7th Circuit: Prison’s Refusal to Provide Muslim Prayer Schedules at State Expense Is Permissible
In Childs v. Webster, (7th Cir., March 4, 2026), the U.S. 7th Circuit Court of Appeals held that there was not a violation of a Muslim inmate's free exercise rights under…
Media and Communications Policy
It’s Time for Patriots To Declare Themselves ‘Free Expression Warriors’
As America 250 unfolds this year, it’s a sure bet that the term “patriot” will be used more frequently to describe the brave fighters of the American Revolution and those…
Ed Folsom Retired Criminal Defense Lawyer Blog
The first amendment gives no special privileges to anti-bad-stuff people.
By Ed Folsom
(Photo from Don Lemon podcast, Cities Church, St. Paul, MN) The first amendment gives no special privileges to anti-bad-stuff people. Posted by Ed Folsom, February 4, 2024. There is…
The Virginia Defamation Law Blog
Accusations of Sexual Abuse Held Protected by Ecclesiastical Abstention Doctrine
The ecclesiastical abstention doctrine traces its roots to Supreme Court precedent holding that the First Amendment secures a sphere of institutional autonomy for religious organizations. Under this jurisprudence, churches enjoy…
Bressler Risk Blog
DQ News — Positional Conflict v Free Speech, Client Consternation, and Qualified Immunity, Divorce Lawyer Interview-palooza Doesn’t Draw DQ
By Dan Bressler
“6th Circuit grants law firm qualified immunity in firing” — “A law firm was entitled to dismissal of an employment retaliation suit on qualified immunity grounds because no clearly established…