Statute
First Amendment
932 published works
Media Law Prof Blog
Finkin on Non-Disciplinary Professorial Speech: The First Amendment and the Decay of Professorial Norms
Matthew Finkin, University of Illinois College of Law, has published Non-Disciplinary Professorial Speech: The First Amendment and the Decay of Professorial Norms at 50 Journal of College and University Law…
Wait A Second!
Free speech retaliation claim fails as speculative
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The plaintiff sued his employer, the Onondaga County Sheriff's Department, under the First Amendment, claiming he was disciplined for speaking out: that another officer was having a sexual relationship with…
Religion Clause
9th Circuit: Oregon Right to Life Group Is a Religious Organization
In Oregon Right to Life v. Stolfi, (9th Cir., Oct. 31, 2025), the U.S. 9th Circuit Court of Appeals, in a 2-1 decision, remanded the case to the district court for…
Simple Justice
Even Non-Citizens’ Speech Is Protected
I’ve never been a fan of federal judges writing cute or gimmicky opinions. Much as I may enjoy them on occasion, federal cases are serious matters and the court’s decisions…
Labor and Employment Law Insights
When Employee Speech Crosses the Line: Considerations for Private Employers Responding to Polarizing Events
By Jenna Brofsky, Samantha Bowie
The recent assassination of conservative activist Charlie Kirk has ignited a national conversation—not just about politics, but about the boundaries of employee speech and employer response in the workplace. In the…
Nonprofit Law Blog
Nonprofits, First Amendment, and Jimmy Kimmel
In National Rifle Association of America v. Vullo, 602 U.S. 175 (2024), the United States Supreme Court unanimously held that “[t]he NRA plausibly alleged that respondent violated the First Amendment by…
Ohio Employer Law Blog
WIRTW #773: the ‘free speech’ edition
"Whoever would overthrow the Liberty of a Nation, must begin by subduing the Freeness of Speech; a Thing terrible to Publick Traytors."— Benjamin Franklin, The New-England Courant, July 9, 1722.…
Labor & Employment Insights
Speak Your Mind and Discipline May Follow
By Cortlin Bond, Anne R. Yuengert
“I’m speaking my mind because I have a right to free speech.” We’ve all heard that haven’t we? In the words of Lee Corso: “Not so fast, my friend.” The…
PrawfsBlawg
“Debate Me Bro” and the First Amendment
Main Wednesday, September 17, 2025"Debate Me Bro" and the First AmendmentI mentioned the problem of the right defining free speech to be entirely about Kirk's performative "debate me" events and…
San Antonio Employment Law Blog
Political Speech and the Workplace
The Charlie Kirk supporters are getting amped up about firing anyone who disparages the late activist. Secy. of Defense Pete Hegseth has said explicitly that he and DOD will "track"…