Statute
First Amendment
932 published works
Administrative and Regulatory
Activists Aim to Choke “Ag Gag” Laws in Idaho with First Amendment
Activists who want to be the modern-day Upton Sinclair of the agricultural industry don't have much luck now in Idaho unless a 17 plaintiff suit manages to succeed. [caption id="attachment_511178"…
Sentencing Law and Policy
“The Criminal Court Audience in a Post-Trial World”
Main March 18, 2014"The Criminal Court Audience in a Post-Trial World"The title of this post is the title of this interesting new article by Jocelyn Simonson available via SSRN. Here…
Constitutional Law Prof Blog
Daily Read: Hurley v. Irish-American Gay, Lesbian, and Bisexual Group
Professor Ruthann Robson, City University of New York (CUNY) School of LawWriting for a unanimous Court in 1995, Justice Souter in Hurley v. Irish-American Gay, Lesbian, and Bisexual Group held…
Civil Rights Law & Policy Blog
“Tread on Me!”
The title of this post come from this fascinating new paper by Professor Toni M. Massaro, the abstract of which states: Freedom of speech doctrine is an analytical and theoretical…
New Jersey Law Blog
The First Amendment “Playing Field”: Regulating Speech in the Workplace
In recent news, the National Football League has proposed a new rule that would establish a yardage penalty for any on-field use of the "N-word." The proposed rule has stirred…
School Law
Federal Appeals Court Holds That Motto on School Uniform Creates First Amendment Concern
A three-judge panel of the U.S. Court of Appeals for the 9th Circuit has cast legal doubt on a Nevada school district’s uniform policy, holding that requiring students to wear…
Education Law Prof Blog
Indiana’s Private Schools’ Creationism Curriculum Raises Questions
In Indiana, Establishment Clause questions are being renewed this week about private schools that receive public funds doing what public schools cannot: teaching Christian-based intelligent design doctrine and creationism with…
Workplace Privacy, Data Management & Security Report
No First Amendment Protection for Police Officer’s Facebook Rant, a Reminder of the Risks of Employee Activity in Social Media
If you are a public sector employer, you may be particularly interested in an article written by my fellow shareholder and practice group member, Marlo Johnson Roebuck. She writes about…
Antitrust Alert
FTC Hit with Lawsuit by Target of its Fraudulent Patent Enforcement Investigation
On January 13, 2014, MPHJ Technology Investment LLC (MPHJ) filed a seven-count complaint against the Federal Trade Commission (FTC) alleging various constitutional and other violations, including violations of MPHJ’s First…
Constitutional Law Prof Blog
Second Circuit on Mandatory Disclosures for “Pregnancy Crisis Centers”
Professor Ruthann Robson, City University of New York (CUNY) School of LawIn its overdue opinion in The Evergreen Association, Inc. d/b/a Expectant Mother Care Pregnancy Centers v. City of New…