Skip to main content

Statute

First Amendment

932 published works

  1. Appellate Advocacy Blog

    How Universities Punish Disfavored Speech Through Pretext—and Call It Governance

    By Adam Lamparello

    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…

  2. Religion Clause

    California Policy Barring School’s Disclosure of Student’s Change in Gender Expression Is Unconstitutional

    By Howard Friedman

    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…

  3. Religion Clause

    Suit Challenges Restrictions on Off-Campus Christian Religious Instruction for Elementary Students

    By Howard Friedman

    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…

  4. Religion Clause

    6th Circuit: Michigan’s Ban on Conversion Therapy for Minors Violates 1st Amendment

    By Howard Friedman

    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…

  5. Religion Clause

    2nd Circuit Upholds Prison’s Restriction of Inmate’s Access to Smudging Ritual

    By Howard Friedman

    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…

  6. 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…

  7. 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…

  8. Media and Communications Policy

    Why Innovation Needs the First Amendment

    By Guest Author Gary Shapiro

    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…

  9. Religion Clause

    2nd Circuit: Information About Abortion Pill Reversal Is Protected Speech

    By Howard Friedman

    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…

  10. ContractsProf Blog

    FBI Employee Allegedly Fired For Displaying a Gay Pride Flag at Work

    By Jeremy Telman

    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…