Topic
first amendment
2,545 published works
Constitutional Law Prof Blog
Second Circuit Upholds Admissibility of Rap Video and Tattoos Against First Amendment Challenge
Professor Ruthann Robson, City University of New York (CUNY) School of LawIn its opinion in United States v. Pierce, the Second Circuit considered the arguments of co-defendant/appellant Melvin Colon regarding…
Drug & Device Law
Amarin v. FDA Focuses the Spotlight on the First Amendment and the FDA’s Regulation of Off-Label Promotion
That didn’t take long. Last Monday, we recommended a recent Journal of Law and the Biosciences article proposing a new model under which the FDA could regulate drug promotion consistent with the…
Civil Rights Law & Policy Blog
“Collective Liberty”
The title of this post comes from this recent paper by Professor Josh Blackman, the abstract of which states: The story of our Constitution is a tale of two liberties:…
Ohio Appellate Insights
Commentary: Are Judicial Elections Different After All? Williams-Yulee v. The Florida Bar.
Ever since the 2002 case of Republican Party of Minnesota v. White, in which the U.S. Supreme Court struck down, on First Amendment Grounds, the “announce clause” of the Minnesota…
Drug & Device Law
Monday’s Recommended Reading — Back to first principles: a new model for the regulation of drug promotion
Friction between the First Amendment and the FDA’s attempts to regulate off-label drug promotion has existed for decades. It has sparked an ever growing body of case law that often finds…
Media Law Prof Blog
Corporate Speech and the First Amendment
John C. Coates, IV, Harvard Law School, has published Corporate Speech and the First Amendment: History, Data, and Implications. Here is the abstract. This Article draws on empirical analysis, history, and…
Constitutional Law Prof Blog
Federal Judge Finds Pennsylvania’s “Revictimization Act” Unconstitutional
Professor Ruthann Robson, City University of New York (CUNY) School of LawIn a well-crafted but hardly surprising opinion in Abu-Jamal v. Kane, Chief Judge Christopher Conner of the Middle District…
Constitutional Law Prof Blog
Supreme Court Upholds Florida’s Judicial Campaign Solicitation Ban in Williams-Yulee
Professor Ruthann Robson, City University of New York (CUNY) School of LawIn its 5-4 opinion in Williams-Yulee v. The Florida Bar, the Court concluded that Florida's Code of Judicial Conduct 7C(1)…
Media Law Prof Blog
The First Amendment and the Lanham Act
Kristian Stout is publishing Terrifying Trademarks and a Scandalous Disregard for the First Amendment: §2(A)'s Unconstitutional Prohibition on Scandalous, Immoral, and Disparaging Trademarks in the Albany Law Journal of Science…
Constitutional Law Prof Blog
Federal District Judge Finds First Amendment Requires Anti-Muslim Adverts
Professor Ruthann Robson, City University of New York (CUNY) School of LawIn a 28 page opinion district judge John Koeltl has granted a preliminary injunction - - - stayed for 30…