Statute
First Amendment
932 published works
The IP Law Blog
The Supreme Court Shoots Down California’s Violent Video Game Statute
By Scott Hervey A California statute signed into law in 2005 by Governor Schwarzenegger was struck down by the United States Supreme Court on June 27 for running afoul of…
CommLawBlog
The Swami: Looking At Violent Video Games Now, Seeing Indecency In The Future
By FHH Law
Do the Supreme Court opinions in Brown v. Entertainment Merchants Association shed light on likely outcome of FCC v. Fox Television Stations indecency case next term? The Swami thinks so.
Constitutional Law Prof Blog
The Right to Campaign Without a Response: Analysis of Arizona Free Enterprise
By ConLawProf initials at end of post
The Supreme Court issued a surprising decision on Monday in Arizona Free Enterprise Club's Freedom Club PAC v. Bennett by almost any measure. Perhaps the only way to make sense…
Constitutional Law Prof Blog
No First Amendment Right of Access to Sealed Material Witness Proceedings
By ConLawProf initials at end of post
A three-judge panel of the D.C. Circuit ruled on Friday in U.S. v. Brice that the First Amendment right of access to judicial proceedings does not extend to sealed material witness…
Supreme Court Update
Sorrell v. IMS Health Inc. (10-799), Pliva, Inc. v. Mensing (09-993) and Talk America, Inc. v. Michigan Bell Telephone Co. (10-313)
By Kim Rinehart
Greetings, Court fans! We're back with Sorrell v. IMS Health Inc. (No. 10-799), a win for brand name drug makers on their First Amendment right to access pharmacies' prescription records…
Constitutional Law Prof Blog
IMS v. Sorrell: Pharmaceutical Speech Protected by Court – Opinion Analysis
By ConLawProf initials at end of post
As expected from the oral argument in April, the Court's opinion today in IMS v. Sorrell finds Vermont's statute prohibiting the practices that allow pharmaceutical detailing to be unconstitutional. The opinions can…
Constitutional Law Prof Blog
The Right to Petition: Borough of Duryea v. Guarnieri Opinion Analysis
By ConLawProf initials at end of post
The last two clauses of the First Amendment - - - the right to peaceably assemble and the right to petition the government for redress of grievances - - -…
inversecondemnation.com
Op-Ed On SCOTUS Carrigan Case: Do Elected Officials With a Conflict of Interest Have a Right to Vote Anyway?
Today, Honolulu Civil Beat features our piece on Nevada Comm'n on Ethics v. Carrigan, "Do Elected Officials With a Conflict of Interest Have a Right to Vote Anyway?"We've written about…
School Law
Second Circuit Court of Appeals Issues Decision on Disciplining a Student for Off-Campus E-Mail
The Second Circuit Court of Appeals has issued a decision concluding that Region 10 school officials were entitled to qualified immunity as to a former student’s claims that they had…
Legal Profession Blog
E-Courtesy And The First Amendment
The South Carolina Supreme Court issued and published a private letter of caution "to address what we see as a growing problem among the bar, namely the manner in which attorneys…