Topic
first amendment
2,545 published works
North Carolina Criminal Law
Criminalizing Offensive Speech: The Fighting Words Exception to the First Amendment
By Phil Dixon
In an earlier post, I discussed one category of unprotected speech that may be criminally punished consistent with the First Amendment, speech integral to criminal conduct. My former colleague Jonathan…
California Appellate Report
B.B. v. Capistrano USD (9th Cir. – March 10, 2026)
By Shaun Martin
Sometimes, kids are great, and adults suck.After an elementary school class about Martin Luther King Jr., a first-grade kid named B.B. -- I'm going to call her "Becky" -- "'felt…
The Daily Intake
Industry Group Challenges Prop. 65 DEA Warning in First Amendment Suit
On March 2, 2026, the Personal Care Products Council (PCPC) filed a lawsuit in federal court challenging California’s Proposition 65 cancer warning requirement for diethanolamine (DEA). Proposition 65 is a…
Texas Agriculture Law Blog
Court Finds Texas “Fake Meat” Labeling Law Violates First Amendment
In January, the United States District Court for the Western District of Texas held a Texas law related to labeling of analogue meat products was unconstitutional in Turtle Island Foods…
Religion Clause
Street Preachers Can Move Ahead with Free Exercise Claims Against Police
In Raio v. City of Chicago, (ND IL, Feb. 24, 2026), two street preachers and a Gospel singer who had been cited and, on another occasion, arrested for violating Chicago's…
Regulatory Oversight
Methods For Challenging State Civil Investigative Demands
By Ashley L. Taylor, Jr., Michael Lafleur, Sydney Goldberg
This article was originally published on Law360 and is republished here with permission as it originally appeared on February 20, 2026. When a client receives a civil investigative demand, or CID, or equivalent subpoena from a…
Drug & Device Law
Court Enjoins Texas Food/Beverage Warnings as Forced Speech Violative of First Amendment
Who would’ve thought that Texas, of all states, would become a nannyocracy? The Lone Star State typically positions itself as the home of rough and ready folks who can take…
Media and Communications Policy
It’s Time for Patriots To Declare Themselves ‘Free Expression Warriors’
As America 250 unfolds this year, it’s a sure bet that the term “patriot” will be used more frequently to describe the brave fighters of the American Revolution and those…
Jotwell
Throwing the Supreme Court/Free Speech A Bone
By Leah Litman
Genevieve Lakier, Enforcing the First Amendment in an Era of Jawboning, __ Univ. Chi. L. Rev. __ (forthcoming, 2026), available at SSRN (Mar. 01, 2025). Leah Litman Too often, our…
JURIST
Journalist Don Lemon pleads not guilty in Minnesota first amendment case
Independent journalist and former CNN host Don Lemon has plead not guilty to charges related to his coverage of a protest at a Minnesota church last month. Lemon, independent journalist…