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First Amendment
932 published works
Civil Rights Law & Policy Blog
Woman claims her removal from town council meeting violated her First Amendment speech rights.
Jennifer Jones publishes a newspaper, has run for state office, and just loves dogs. For fun, she likes to sue officials of the town in which she lives - Quartsite,…
Constitutional Law Prof Blog
Ninth Circuit Rejects Apel’s First Amendment Claim on Remand
Professor Ruthann Robson, City University of New York (CUNY) School of LawWhen the United States Supreme Court decided United States v. Apel in February 2014, the Court's analysis of a…
Education Law Prof Blog
Superintendent Limits Discussion of Ferguson, Raising Free Speech Concerns
By Derek Black
Shortly after the shooting of Michael Brown in Ferguson, Edwardsville, Illinois Superintendent Ed Hightower told his teachers to not bring up or discuss the situation in Ferguson and, if students…
Education Law Prof Blog
ACLU Weighs-In on Behalf of Rastafarians and Religion
By Derek Black
Those who seek to include more religion in school often perceive the ACLU as waging war on religion. A recent story out of Louisiana demonstrates that perception is wrong. The…
Constitutional Law Prof Blog
District Judge Finds Ohio’s Prohibition of Campaign Falsehoods Violates First Amendment
Professor Ruthann Robson, City University of New York (CUNY) School of LawIn a 25 page opinion replete with bolded underlined language, Judge Timothy Black held Ohio's statutory provisions prohibiting political…
Employment Class Action Blog
District Court Refuses to Certify Class of “Non-Liturgical” Protestant Navy Chaplains
By Greg Mersol
Given the rich diversity and array of religions, and the First Amendment prohibitions both on the establishment of religion and impeding the free exercise of religion, the appointment and promotion…
Constitutional Law Prof Blog
Texas Supreme Court: Injunction Prohibiting Future Defamation an Unconstitutional Prior Restraint But . . .
Professor Ruthann Robson, City University of New York (CUNY) School of LawIn its unanimous opinion today in Kinney v. Barnes, the Texas Supreme Court (pictured) considered the constitutionality of requested…
Constitutional Law Prof Blog
The Difficulty of Discussing the Facebook Threats Going to Supreme Court in Elonis v. United States
Professor Ruthann Robson, City University of New York (CUNY) School of LawAs we noted in June, the United States Supreme Court has granted certiorari in Elonis v. United States, a…
RLUIPA Defense Blog
New Mexico Federal Court Rules Ten Commandments Display Outside City Hall Violates Establishment Clause
By Evan Seeman, Dwight Merriam
In Felix v. City of Bloomfield (D. NM Aug. 7, 2014), the U.S. District Court for the District of New Mexico found that the display of a five-foot, granite Ten…
Constitutional Law Prof Blog
Ninth Circuit Upholds Ban on Solicitation at LAX
Steven D. Schwinn, John Marshall Law SchoolThe Ninth Circuit ruled last week in International Society for Krishna Consciousness of California, Inc. (ISKCON) v. City of Los Angeles that the ban…