Statute
First Amendment
928 published works
School Law
Inviting a Same Sex Date to the Prom Constitutes First Amendment Protected Speech
A decision to bring a same sex date to the prom is expressive speech under the First Amendment. The Itawamba Agricultural High School had an “opposite sex date” policy for…
Legal Ease Blog
U.S. Court of Appeals Rules on NY Lawyer Advertising Rules
By Allison Johs
On March 12, the Second Circuit issued its decision in Alexander v. Cahill, the case that challenged the changes to the New York ethics rules with respect to lawyer advertising.…
Sentencing Law and Policy
Third Circuit upholds bar on sexting prosecution threatened by state DA
Main March 17, 2010Third Circuit upholds bar on sexting prosecution threatened by state DA The National Law Journal has this new piece, headlined "3rd Circuit Bars Prosecution Threat for Teen…
Land Use Prof Blog
Happy St. Patrick’s Day
Well, we've tried to post land use-related observations over most of the holidays over the six months we've been driving the blog: Columbus Day, Veterans' Day, Thanksgiving, Christmas, New Years, Valentine's Day. …
The Faculty Lounge
Holy Snowflake!!
In a culture over-saturated with sex, it's funny to think what still offends. Take the Venus de Milo to the left, created by a family in New Jersey who received…
School Law
Grievance is Not Protected Speech Under First Amendment
The United States Court of Appeals for the Second Circuit recently ruled that a public school teacher who filed a grievance against an assistant principal could not proceed on free…
Labor Law Prof Blog
Garcetti, Academic Freedom, and Public School Teacher’s Right to Free Speech
In Weintraub v. Board of Education of the City of New York, No. 07-2376 (2d Cir. Jan. 27, 2010), the Second Circuit, in a 2-1 decision, has delivered a body…
The Legal Watercooler
Tweeting, Defamation and the First Amendment
I love the First Amendment to the U.S. Constitution: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of…
Reproductive Rights Prof Blog
Elizabeth Foley on the Constitutional Implications of Human Cloning
Elizabeth Price Foley (Florida International University College of Law) has posted The Constitutional Implications of Human Cloning on SSRN. Here is the abstract: Given the theoretical inevitability of human cloning,…
Labor Law Prof Blog
Cert Granted in Clash of Protections Case
In more Supreme Court news, the Court granted cert. yesterday in a case that may have important implications for workplace discrimination law. The case is Christian Legal Society v. Martinez,…