Statute
First Amendment
932 published works
PropertyProf Blog
Bowers & Carpenter on Challenging the Narrative of Conquest
By propertyprof
Amy Bowers and Kristen Carpenter (Colorado) have posted Challenging the Narrative of Conquest: The Story of Lyng v. Northwest Indian Cemetery Protective Association (book chapter) on SSRN. Here's the abstract:In…
PropertyProf Blog
I’m Watching Live As Protestors Are Removed From Public Property
By propertyprof
As I did 3 nights ago, I'm watching live at http://www.ustream.tv/timcast as the New York Police Department forcibly prevent people from exercising their 1st Amendment rights on public space. It's an amazing…
Constitutional Law Prof Blog
Second Circuit Says Specialist Disclaimer Violates Free Speech
By ConLawProf initials at end of post
The Second Circuit ruled earlier this week in J. Michael Hayes, Esq. v. State of New York Attorney Grievance Committee that New York's rule requiring a disclaimer of any attorney…
Broadcast Law Blog
Political Ad Content—When Do You Need to Worry?
Political speech has been called the "life-breath of democracy" by the US Supreme Court and receives very strong First Amendment protection. For that reason, the FCC has said that it will…
Constitutional Law Prof Blog
Federal Judge Finds Louisiana Statute Banning Sex Offenders from Social Media Unconstitutional
By ConLawProf initials at end of post
A broad statute banning persons convicted of certain sex offenses from accessing "social media" has been held unconstitutionally overbroad under the First Amendment in Doe v. Jindal, by Judge Brian…
Employment Law
United States Supreme Court Recognizes “Ministerial Exception” and Bars Certain Religious Employees from Bringing Employment Discrimination Claims
In a significant religious freedom decision, on January 11, 2012, the United States Supreme Court unanimously recognized a “ministerial exception” to employment discrimination laws. The “ministerial exception” had been recognized…
Minnesota Employer
U.S. Supreme Court Interprets Ministerial Exception Under Federal Employment Laws
By Neal Buethe
The U.S. Supreme Court’s important decision in Hosanna-Tabor Evangelical Lutheran Church and School vs. EEOC has gotten a lot of attention in the media and rightfully so. It is a fundamental…
Employment Discrimination Report
“Gimme That Ol’ Time Religion” (Part 2) – Supreme Court Decides Hosanna-Tabor Church Case Against Employee
A significant First Amendment religious freedom case which directly implicates the employment anti-discrimination laws was decided today by the Supreme Court. The issue placed squarely before the Court dealt with the tension…
The Faculty Lounge
Tibbs on From Black Power to Prison Power
It's a pleasure to mention that Donald Tibbs' new book, From From Black Power to Prison Power: The Making of Jones v. North Carolina Prisoners' Labor Union, was published last…
Constitutional Law Prof Blog
Religious Groups Lack Standing/Ripe Claims to Challenge Hawai’i Civil Unions Law
By ConLawProf initials at end of post
The Civil Unions Law, Act 1, of Hawai'i became effective January 1, 2012. In the last days of 2011, several religious groups sued for a Temporary Restraining Order (TRO) to stop…