Statute
First Amendment
932 published works
Virgin Islands Law Blog
Qualified Immunity Turns on Policy Making Authority
A court's decision denying summary judgment on the defense of qualified immunity is considered to be a final judgment. It can be appealed immediately to the extent that the denial…
Privacy and Cybersecurity
Why the Outrage Following a Court Ruling Unmasking Anonymous Yelp Reviews is Overblown
Days before a federal court ruled against net neutrality rules, Yelp was ordered to hand over the identities of seven anonymous reviewers, which sparked outrage among First Amendment activists. [caption…
Constitutional Law Prof Blog
Daily Humor: Is there a First Amendment Challenge to the Marijuana Mandate?
Professor Ruthann Robson, City University of New York (CUNY) School of LawIn his satirical column for the New Yorker, humorist Andy Borowitz (pictured below) writes:NEW YORK (The Borowitz Report)—President Obama…
Technology and AI
In Libel Cases, Bloggers Have As Much Freedom Of Speech As Journalists
A federal court rules last week that bloggers have the same First Amendment right in defamation cases as traditional journalists. The 9th U.S. Circuit Court of Appeals in San Francisco…
Constitutional Law Prof Blog
Oral Argument in McCullen v. Coakley, the Clinic Buffer Zone Case
Professor Ruthann Robson, City University of New York (CUNY) School of LawThe United States Supreme Court heard oral arguments today in McCullen v. Coakley regarding a First Amendment challenge to…
Sentencing Law and Policy
“Are there no limits on Second Amendment rights?”
Main January 9, 2014"Are there no limits on Second Amendment rights?"The title of this post is the title of this new entry by Lyle Denniston at the "Constitution Daily" blog…
Civil Rights Law & Policy Blog
Partitioning and Rights: The U.S. Supreme Court’s Accidental Jurisprudence of Democratic Process
The title of this post comes from this article arguing that the Supreme Court's unwillingness to develop a jurisprudential theory of democracy has caused it to resolve new doctrinal questions with…
Constitutional Law Prof Blog
Survey of Recent Commentaries on the Religious Rights of Corporations in the Context of the ACA
With Hobby Lobby (and Conestoga Wood) headed to the United States Supreme Court, there's more and more commentary on the issue of whether a for-profit secular corporation, or its "owners"…
Civil Rights Law & Policy Blog
Just Another Brick in the Wall: The Establishment Clause as a Heckler’s Veto
The title of this post comes from this article arguing that the Supreme Court's decisions constraining the erection of state-sponsored religious displays have served as a heckler's veto on liberties…
Education Law Prof Blog
Wisconsin Student Speech Decision Reverses on First Amendment Grounds but Affirms Adjudication on Unlawful Computer Use
While the Wisconsin Court of Appeals reversed a student’s disorderly conduct juvenile adjudication on First Amendment grounds last week, the appellate court curiously affirmed the adjudication for violating a state…