Statute
First Amendment
932 published works
Constitutional Law Prof Blog
Ninth Circuit Says Hoax Anthrax Threat Not Protected By Free Speech
By ConLawProf initials at end of post
The Ninth Circuit ruled last week in U.S. v. Keyser that a criminal defendant's hoax anthrax threat was not protected by the First Amendment.Keyser, in an ill-fated and badly misguided effort…
Constitutional Law Prof Blog
Daily Read: Corporate Free Speech
By ConLawProf initials at end of post
In their article, Commercial Expression and Business Regulation in the Shadow of Citizens United and Sorrell, available in draft on ssrn, authors ConLawProf Randy Bezanson (pictured), William O'Hare, and Robert…
Constitutional Law Prof Blog
Maine Governor May Remove Mural Without Violating Free Speech
By ConLawProf initials at end of post
The First Circuit ruled in Newton v. LePage that the Maine governor did not violate free speech by removing and relocating a mural from the state Department of Labor offices…
Employer Law Report
Ohio Federal District Court Rejects Public Policy Wrongful Termination Claim Against Private Employer Based On First Amendment
By Brian Hall
The summary judgment decision issued on October 31st by Ohio federal district court judge David Dowd in Barnett v. Aultman Hospital contains important reminders for both private employers and their…
Sentencing Law and Policy
Sign of misguided sentencing times in today’sNew York Timespiece on church sentencing
Main November 22, 2012Sign of misguided sentencing times in today's New York Times piece on church sentencing Nationwide, there are literally thousands of sentencing stories about thousands of defendants subject…
Constitutional Law Prof Blog
Thanksgiving 2012
By ConLawProf initials at end of post
The relationship between Thanksgiving and the First Amendment's religion clauses, as well as to the economy, is a recurrent topic of constitutional conversation at this time of year.President Obama's Thanksgiving…
School Law
A Texas Judge Allows Religious Messages on Banners
Cheerleaders in Kountze, Texas have a practice of putting Bible verses on the banners they hold up at football games. Banners have been painted with phrases such as “If God…
Tobacco Law Blog
Cigarette Warning Label Dispute Headed to High Court?
By Troutman Pepper Locke Tobacco Practice
Several tobacco product manufacturers and a retailer recently requested that the United States Supreme Court consider their challenge to FDA's requirement for graphic warning labels on cigarette packages. The tobacco…
RLUIPA Defense Blog
Cult Leaders Beatings of Cult Members Not Protected by First Amendment as Free Exercise of Religion
By Evan Seeman, Dwight Merriam
In Ondrisek v. Hoffman (8th Cir. 2012), the Eighth Circuit reaffirmed an important principle concerning the limitations on the free exercise of religion under the First Amendment although the First…
Media Law Prof Blog
Protecting Low-Value Speech
Ronald J. Krotoszynski, University of Alabama School of Law, has published Questioning the Value of Dissent and Free Speech More Generally: American Skepticism of Government and the Protection of Low-Value…