Topic
first amendment
2,549 published works
Focus on Regulation
U.S. Supreme Court Forbids Exclusion of Churches from State Grant Program
By Joel D. Buckman, Elizabeth Meers
On June 26, 2017, in Trinity Lutheran Church of Columbia, Inc. v. Comer, the U.S. Supreme Court held unconstitutional under the Free Exercise Clause Missouri’s refusal to award a playground…
Constitutional Law Prof Blog
D.C. Circuit Says that Fannie Mae, Even Under Conservatorship, is No Government Actor
Steven D. Schwinn, John Marshall Law SchoolThe D.C. Circuit ruled yesterday that Fannie Mae, a government-sponsored but privately-owned corporation, but now under conservatorship of an independent government agency, cannot be…
CommLawBlog
Slants Supreme Court Case Slays Ban on Registration of Disparaging Trademarks
By FHH Law
I am officially a big fan of The Slants. I’ve never seen them in concert. I don’t own any of their albums (I’ve never even downloaded any of their individual…
Media Law Prof Blog
Gora on The Roberts Court and the First Amendment @brooklynlaw
Joel M. Gora, Brooklyn Law School, has published Free Speech Matters: The Roberts Court and the First Amendment at 25 Brooklyn Journal of Law and Policy 63 (2016). Here is…
PrawfsBlawg
A Small But Important Aspect of OT16: Resisting “Brilliant” First Amendment Arguments
Main Monday, June 26, 2017A Small But Important Aspect of OT16: Resisting "Brilliant" First Amendment ArgumentsAllow me to offer one discrete and fairly mundane observation about the Court's treatment of…
PrawfsBlawg
SCOTUS Symposium: Packingham and Fact-Checking the Supreme Court
Main Monday, June 26, 2017SCOTUS Symposium: Packingham and Fact-Checking the Supreme CourtLast week’s decision in Packingham v. North Carolina is getting a lot of attention in part because of this…
Media Law Prof Blog
Bloch-Wehba on Exposing Secret Searches: The First Amendment Right of Access To Electronic Surveillance Orders @HBWHBWHBW
Hannah Bloch-Wehba, Yale University; Yale Information Society Project, is publishing Exposing Secret Searches: The First Amendment Right of Access to Electronic Surveillance Orders in the Washington Law Review. Here is…
Constitutional Law Prof Blog
En Banc Ninth Circuit Upholds Liquor Regulation Against First Amendment Challenge
Professor Ruthann Robson, City University of New York (CUNY) School of Law In its en banc opinion in Retail Digital Network v. Prieto, the Ninth Circuit rejected a First Amendment challenge…
Everything IP Under One Digital Roof
Offensive Trademarks are Protected Under the First Amendment
The Supreme Court ruled Monday that a provision of federal trademark law banning offensive trademarks from federal registration is unconstitutional. Matal v. Tam, No. 15-1293 (U.S. June 19, 2017). The…
Above the Fold
Slanting Toward the End of the Commercial Speech Doctrine
Amid the hullabaloo over the U.S. Supreme Court’s decision this week in Matal v. Tam, a much broader and potentially more significant development might be overlooked. It shouldn’t be. The…