Statute
First Amendment
932 published works
Appellate Advocacy Blog
How Universities Punish Disfavored Speech Through Pretext—and Call It Governance
Speech is punished because it is disfavored.Universities then invent other reasons to conceal the suppression of free expression—presenting themselves as benevolent actors even when their conduct, in constitutional terms, constitutes…
Religion Clause
California Policy Barring School’s Disclosure of Student’s Change in Gender Expression Is Unconstitutional
In Mirabelli v. Olson, (SD CA, Dec. 22, 2025), a California federal district court held unconstitutional the policy of California school boards that bars public school teachers and staff from informing…
Religion Clause
Suit Challenges Restrictions on Off-Campus Christian Religious Instruction for Elementary Students
Suit was filed last week in a Washington federal district court challenging the restrictions that Everett, Washington school officials have placed on the operation of a parent-run program that offers…
Religion Clause
6th Circuit: Michigan’s Ban on Conversion Therapy for Minors Violates 1st Amendment
In Catholic Charities of Jackson, Lenawee, and Hillsdale Counties v. Whitmer, (6th Cir., Dec. 17, 2025), the U.S. 6th Circuit Court of Appeals held that Michigan's ban on licensed therapists engaging…
Religion Clause
2nd Circuit Upholds Prison’s Restriction of Inmate’s Access to Smudging Ritual
In Baltas v Jones, (2d Cir., Dec. 15, 2025), the U.S. 2nd Circuit Court of Appeals upheld the dismissal of a prisoner's free exercise claim. The court said in part:Baltas…
Agricultural Law & Rural Practice | Solo Small Firm & General Practice Section
U.S. District Court: First Amendment Doesn't Protect "RD RRAGE"
By Jay D. Jerde
Dec. 16, 2025 – A car enthusiast who likes vanity plates to express his opinions recently lost his First Amendment claim on summary judgment before the U.S. District Court for…
WisBar Court Review
U.S. District Court: First Amendment Doesn’t Protect ‘RD RRAGE’
By Jay D. Jerde
Dec. 16, 2025 – A car enthusiast who likes vanity plates to express his opinions recently lost his First Amendment claim on summary judgment before the U.S. District Court for…
Media and Communications Policy
Why Innovation Needs the First Amendment
Our American democracy and our freedoms have long been models for others. For some 250 years, our ability to argue, debate, clash, and ultimately come together has not been a…
Religion Clause
2nd Circuit: Information About Abortion Pill Reversal Is Protected Speech
In National Institute of Family and Life Advocates v. James, (2d Cir., Dec. 1, 2025), the U.S. Second Circuit Court of Appeals upheld a district court's preliminary injunction barring New York's…
ContractsProf Blog
FBI Employee Allegedly Fired For Displaying a Gay Pride Flag at Work
I have been writing at the intersection of contracts law and constitutional law for the past few years. See, for example posts here, here, here, here, here, and here. Aside…