Statute
First Amendment
932 published works
Media Law Prof Blog
Third Circuit Rules Pennsylvania Statute Does Not Infringe Media’s FA Right To Gather News
The Third Circuit has affird a lower court's ruling that a Pennsylvania state law prohibiting the media from entering a polling place to "gather news" does not infringe on the…
Proskauer Whistleblower Defense
Political Affiliation & Protected Speech Retaliation – Sixth Circuit Widens Circuit Split
By Michael J. Graham, Steven J. Pearlman
The Sixth Circuit recently held that Michigan state employees could base First Amendment political-affiliation and protected-speech retaliation claims on their perceived political affiliations, even absent actual affiliations with the party…
International Law Prof Blog
US Supreme Court to Decide Constitutionality of Speech Restrictions on Humanitarian Aid
The United States Supreme Court agreed this past week to hear a challenge to a 2003 federal statute that requires groups accepting international aid intended to fight AIDS/HIV and other infectious diseases…
School Law
Court Rejects Student’s Challenge to Student ID Badge Requirement
With the increased focus on school security, more school districts will be utilizing and requiring that students wear ID badges while on campus. A federal district court in Texas has…
Civil Service Disqualification Appeals Attorney Blog
Teacher’s Contract Protest Protected by 1st Amendment Free Speech
East Meadow school district fined Richard Santer $500 after he parked his car at the curb and placed his contract protest sign in the car window on a rainy day.…
Constitutional Law Prof Blog
Daily Read: William Ford on the Law and Science of Violent Video Games
By ConLawProf initials at end of post
The national conversation on violence has shifted since last week to include not only discussions of the Second Amendment, the role of conlaw scholars, appropriate quotations, and arming school teachers,…
Labor Law Prof Blog
First Amendment v. NLRA
The D.C. Circuit just issued a decision, Ampersand Publishing v. NLRB, which significantly limits the ability of newspaper and other media employees to engage in collective activity. The new owner…
Constitutional Law Prof Blog
Sixth Circuit: No First Amendment Right for University Employee’s Op-Ed
By ConLawProf initials at end of post
In its opinion yesterday in Dixon v. University of Toledo, the Sixth Circuit addressed what it labeled a "narrow inquiry," articulating the issue as "whether the speech of a high-level Human…
Constitutional Law Prof Blog
Complaint Against NYPD Alleging Right to Record Police Officers
By ConLawProf initials at end of post
The First Amendment right to record public police interactions with "smartphones" is the basis of a complaint filed yesterday in Charles v. City of New York. The facts as alleged…
Constitutional Law Prof Blog
Daily Read: William S. Burroughs and the Second Amendment
By ConLawProf initials at end of post
"Beat Generation" afficionados and American Literature majors know William S. Burroughs' Naked Lunch; ConLawProfs may recall the First Amendment implications including the eventual decree by Massachusetts' highest court that the…