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first amendment

2,545 published works

  1. Appellate Advocacy Blog

    Regulation Without Rules: How Modern Institutions Punish Speech While Evading Appellate Review

    By Adam Lamparello

    Public-employee speech doctrine appears, on paper, to be well settled. Courts recite familiar tests, invoke settled standards, and reaffirm bedrock First Amendment principles. The rules are known. The frameworks are…

  2. Paul W. Mollica Federal Courts Blog

    En Banc Eighth Circuit Holds 6-5 That Being Exposed to a Single DEI Slide “Chilled” Their First Amendment Rights and Thus Conferred Standing to Sue

    By Paul W. Mollica

    In Henderson v. Springfield R-12 Sch. Dist., No. 23-1374 (8th Cir. Dec. 30, 2025) (en banc), the Eighth Circuit holds that it was enough for a public employee to establish…

  3. Privacy Compliance & Data Security

    Texas Federal Court Enjoins Texas App Store Accountability Act on free speech grounds

    By Odia Kagan

    Texas App Store Accountability Act, SB 2420, was set to go into effect on January 1, 2026, was enjoined by the US District Court for the Western District of Texas,…

  4. Privacy + Cyber + AI

    Federal District Court Grants Preliminary Injunction of Texas App Store Accountability Act

    By Shelby Dolen

    Key point: Set to take effect on January 1, 2026, court blocks the Texas App Store Accountability Act on constitutional grounds. A Texas federal district court granted a preliminary injunction…

  5. Wait A Second!

    Conservative student group loses First Amendment case against SUNY Buffalo

    By secondcircuitcivilrightsblogsecondcircuitcivilrig

    The University at Buffalo adopted a plan after a controversial organization spoke on campus, the Young Americans for Freedom. The campus YAF chapter was part of a nationwide organization. The…

  6. Religion Clause

    6th Circuit: Michigan’s Ban on Conversion Therapy for Minors Violates 1st Amendment

    By Howard Friedman

    In Catholic Charities of Jackson, Lenawee, and Hillsdale Counties v. Whitmer, (6th Cir., Dec. 17, 2025), the U.S. 6th Circuit Court of Appeals held that Michigan's ban on licensed therapists engaging…

  7. Agricultural Law & Rural Practice | Solo Small Firm & General Practice Section

    U.S. District Court: First Amendment Doesn't Protect "RD RRAGE"

    By Jay D. Jerde

    Dec. 16, 2025 – A car enthusiast who likes vanity plates to express his opinions recently lost his First Amendment claim on summary judgment before the U.S. District Court for…

  8. WisBar Court Review

    U.S. District Court: First Amendment Doesn’t Protect ‘RD RRAGE’

    By Jay D. Jerde

    Dec. 16, 2025 – A car enthusiast who likes vanity plates to express his opinions recently lost his First Amendment claim on summary judgment before the U.S. District Court for…

  9. Technology & Marketing Law Blog

    COVID Jawboning Lawsuit Dismissed (For Now)–Dressen v. Flaherty

    By Eric Goldman

    Generated by ChatGPT Dec. 2025 This is a COVID-related jawboning case: Plaintiffs allege that Defendants violated their constitutional rights by pressuring social media companies to ban or limit their social…

  10. Media and Communications Policy

    Why Innovation Needs the First Amendment

    By Guest Author Gary Shapiro

    Our American democracy and our freedoms have long been models for others. For some 250 years, our ability to argue, debate, clash, and ultimately come together has not been a…