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First Amendment
932 published works
Constitutional Law Prof Blog
Third Circuit En Banc: Students Have First Amendment Right to Wear Breast Cancer Bracelets
By ConLawProf initials at end of post
The students' bracelets proclaimed "I ♥ boobies (KEEP A BREAST)." The Easton Area School District banned the bracelets as not suitable for school. In an en banc opinion today in…
Media Law Prof Blog
The Public Forum Doctrine and Digital Speech
Enrique Armijo, Elon University School of Law, has published Kill Switches, Forum Doctrine, and the First Amendment's Digital Futureas Elon University Legal Studies Research Paper No. 2013-08. Here is the…
Constitutional Law Prof Blog
The Police Officer, the Quota Complaint, and the First Amendment
By ConLawProf initials at end of post
NYPD Officer Craig Matthews was critical of the alleged quota system responsible for unjustified stops, arrests, and summonses in his precinct in New York City and suffered adverse employment actions. …
Media Law Prof Blog
The Supreme Court and Review of Commercial Speech
Micah L. Berman, Ohio State University, has published Manipulative Marketing and the First Amendment. Here is the abstract.The conventional wisdom is that the Supreme Court’s First Amendment review of commercial…
Re:Marks on Trademark and Copyright
Third Circuit Rejects EA’s First Amendment Defense to College Athletes’ Right of Publicity Claims
Reposted from DLA Piper's Sports, Media and Entertainment Blog By Frank Ryan, Richard Flaggert, Matthew Ganas and Rebecca Smock On May 21, 2013, the US Court of Appeals for the…
Constitutional Law Prof Blog
Flags on Government Property: Confederate Flag in the Fourth Circuit and Rainbow Flag in Louisiana
By ConLawProf initials at end of post
A Fourth Circuit panel issued its opinion in Sons of Confederate Veterans, Virginia Division v. City of Lexington, Virginia holding that Lexington's "flag pole" ordinance limiting flags to that of…
Constitutional Law Prof Blog
Fourth Circuit En Banc on Baltimore’s Disclaimer Mandate for Limited-Service Pregnancy Centers
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The Fourth Circuit en banc today issued its opinion in GreaterBaltimore Center for Pregnancy Concerns, Incorporated v. Mayor and City Council of Baltimore reversing the district court's granting of a…
Constitutional Law Prof Blog
District Judge Finds No Government Liability in “Occupy Everything” Jacket Arrest in Supreme Court Building
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Federal District Judge for the District of Columbia, Amy Berman Jackson, has granted summary judgment for the government in her opinion in Scott v. United States in which Scott had…
Constitutional Law Prof Blog
Court Extends Unconstitutional Conditions, Takings to Monetary Exactions
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A sharply divided Supreme Court (5-4) today ruled in Koontz v. St. Johns River Water Management District that a government's demand for a monetary exaction from a property owner as a…
Reproductive Rights Prof Blog
Supreme Court Will Review Abortion Clinic Buffer Zone Case from Massachusetts
Bloomberg: Abortion Clinic Buffer Zone Gets U.S. High Court Review, by Greg Stohr:The U.S. Supreme Court accepted a case that promises to redefine the speech rights of abortion opponents, agreeing to…