Topic
first amendment
2,545 published works
Technology & Marketing Law Blog
Google Search Isnāt a Common CarrierāRichards v. Google
By Eric Goldman
Richards has run the SpirituallySmart religious-themed website since at least 2000. The website touts that “Multiple AI systems have recognized this website as the most meaningful usage of the term…
Religion Clause
Court Rejects Free Exercise Defense Raised by Protesters Charged With Trespass
In Hubersberger v. State of Arizona, (AZ App., Feb. 9, 2026), an Arizona state appeals court, rejecting a free exercise defense, refused to dismiss complaints charging four protesters with criminal trespass.…
Simple Justice
No QI For Arrest Over Four Letter Expletive
The year was 1971. Paul Cohen wore a jacket in a California courthouse that bore the words “Fuck the draft.” Writing for the majority, Justice John Marshall Harlan wrote that…
Media and Communications Policy
Why I āChoseā The Media Institute
Career paths can be carefully mapped or unexpectedly presented. In this case, the role called me. Late last year, it became clear that The Media Institute (TMI) – an organization…
ContractsProf Blog
Friday Frivolity: Is the Third Amendment Happening?
I like to write at the intersection of contracts law and constitutional law. I’ve posted on that intersection a lot on this blog, mostly about cases where contractual rights and…
Religion Clause
4th Circuit: School Gender Identity Guidelines Do Not Violate Teacher’s 1st Amendment Rights
In Polk v. Montgomery County Public Schools, (4th Cir., Jan. 28, 2026), the U.S. 4th Circuit Court of Appeals, in a 2-1 decision, affirmed a Maryland federal district court's denial of…
Faruki Blog
The First Amendment Applies To Halloween
By jgreinerficlaw-com-jack-greiner
I don't think the Founders had Halloween in mind when they drafted the First Amendment. I feel confident saying this considering that Americans didn't start observing Halloween until the 1840's. …
Simple Justice
Fire Or Flag, Defending Against Vindictive Prosecution
There is little question that Jan Carey broke the law by starting a fire in Lafayette Park, even if he did so in protest of Trump’s Executive Order “criminalizing” the…
JURIST
Judge partially blocks Operation Metro Surge tactics against protesters in Minnesota
The US District Court for the District of Minnesota on Friday granted in part and denied in part a motion for a preliminary injunction brought by six individuals who say…
Religion Clause
Street Preachers’ Challenges to Noise Ordinance Fail
In Cabral v. City of Fort Myers, Florida, (MD FL, Jan. 6,2026), a Florida federal district court dismissed a First Amendment challenge to Fort Myers' Noise Ordinance brought by three Christian…