Topic
first amendment
2,545 published works
Constitutional Law Prof Blog
Fifth Circuit Strikes State “Threat” Law
Steven D. Schwinn, John Marshall Law SchoolThe Fifth Circuit ruled in Seals v. McBee that Louisiana's statute that criminalizes "threats" is unconstitutionally overbroad in violation of the First Amendment. The…
Sentencing Law and Policy
“The Digital Wilderness: A Decade of Exile & the False Hopes of Lester Packingham”
Main August 2, 2018"The Digital Wilderness: A Decade of Exile & the False Hopes of Lester Packingham"The title of this post is the title of this notable new paper authored…
PrawfsBlawg
Dr. Richard Pan Sued for Blocking Users on Twitter
Main Wednesday, August 01, 2018Dr. Richard Pan Sued for Blocking Users on TwitterIn early 2015, in response to the Disneyland measles outbreak in California, Dr. Richard Pan, along with other…
PrawfsBlawg
Radio discussion of NFL anthem policies (Updated)
Main Tuesday, July 31, 2018Radio discussion of NFL anthem policies (Updated)Last week, I appeared on Gurvey's Law at KABC to discuss the NFL's national anthem policies; that discussion is in…
Drug & Device Law
Feds Make Ominous First Amendment Waiver Argument
By Bexis
We’ve complained before about the federal government’s monetization of First Amendment violations in the context of truthful promotion of off-label uses: [T]he government has ruthlessly monetized its questionable ban on…
Reproductive Rights Prof Blog
Anti-Abortion Protesters at Queens Clinic Did Not Harass Patients, Judge Rules
July 22, 2018 (New York Times): Anti-Abortion Protesters at Queens Clinic Did Not Harass Patients, Judge Rules, by Jeffery C. Mays:On Saturdays since 2012, protesters gather outside the Choices Women’s Medical…
Media Law Prof Blog
Haan on The Post-Truth First Amendment @shaan_haan
Sarah Haan, Washington & Lee School of Law, is publishing The Post-Truth First Amendment in volume 94 of the Indiana Law Journal (2018). Here is the abstract.Post-truthism is widely understood…
Hiring To Firing Law Blog
Supreme Court Rules Public Sector Nonmember Union Dues Are Unconstitutional
By Tracey Diamond, Lula T. Weldekidan
Q: Can public employees, who are not members of a union, be forced to pay union dues? A: No. On June 27, 2018, in a 5-4 opinion, the United States…
Nahmod Law
Lozman v. City of Riviera Beach and First Amendment Retaliatory Arrest Damages Claims: The Court Again Sidesteps the Probable Cause Issue
Lozman v. City of Riviera Beach In Lozman v. City of Riviera Beach, 138 S. Ct. — (2018), the Supreme Court once again avoided ruling generally on the question whether…
The Antitrust Attorney Blog
Loving—And Using—The Weaponized First Amendment: The Supreme Court’s decisions in Janus and NIFLA
By justia.admin
Author: Robert Everett Johnson, The Institute for Justice Robert Everett Johnson litigates cases protecting private property, economic liberty, and freedom of speech. He is also a nationally-recognized expert on civil…