Topic
first amendment
2,545 published works
Education Law Prof Blog
School Employee’s Comments Made During Leave from District Held Protected Under First Amendment
The Eleventh Circuit Court of Appeals recently held that a school employee’s speech, made while on leave from his school district serving as the president of the Georgia Association of…
Constitutional Law Prof Blog
New York’s Highest Court Finds Cyberbullying Law Violates First Amendment
Professor Ruthann Robson, City University of New York (CUNY) School of LawIn its opinion in People v. Marquan M, the New York Court of Appeals (NY's highest court), found that Albany…
Civil Rights Law & Policy Blog
Police order woman to remove ‘Unmarked police car’ bumper sticker
Professor Jonathan Turley lays out the basics of this disappointing story: The two cars pulled over Konchinsky and one officer ordered her to stay in her vehicle. An officer then asked…
Media Law Prof Blog
NY Court of Appeals Strikes Cyberbullying Law
The New York Court of Appeals has struck down a local law which criminalizes cyberbullying, holding that it still prohibits a range of speech that the First Amendment of the…
Employment Law Worldview
Fair Share Fees Still Constitutional for Public Employees
The U.S. Supreme Court, in Harris v. Quinn decided on June 30, 2014, declined the opportunity to overhaul the structure of public sector “fair share” fees that applies in most…
Pennsylvania Labor & Employment Blog
U.S. Supreme Court Finds Sworn Testimony Outside Scope of Regular Job Duties Entitled to First Amendment Protection
By Lee Tankle
The United States Supreme Court has issued a decision further clarifying protected speech under the First Amendment. In Lane v. Franks, et al., the Court analyzed whether a public employee,…
Employment Law Spotlight
United States Supreme Court Strikes Down Illinois Regulatory Framework Requiring Personal Assistants for Medicaid Recipients to Pay Union Dues or Fees
In its much anticipated decision in Harris v. Quinn, 573 U.S. __ (2014), the Supreme Court of the United States in a five to four ruling struck down an Illinois…
Supreme Court Update
McCullen v. Coakley (12-1168) and United States v. Clarke (13-301)
The Court closed out the Term today with Burwell v. Hobby Lobby Stores (13-354), holding that closely-held corporations controlled by religious families cannot be required to provide contraception coverage for…
Gender and the Law Prof Blog
Contrasting the Abortion Buffer Zone Decisions: McCullen, Hill, and Madsen
By Tracy Thomas
The US Supreme Court has issued three decisions on abortion buffer zones: McCullen v. Coakley 573 US ___(Roberts, J.) (2014) unanimous court strikes down MA abortion buffer zoneHill v. Colorado, 530…
Sentencing Law and Policy
CouldMcCullen’s First Amendment scrutiny impact (and strengthen) Second Amendment claims?
Main June 26, 2014Could McCullen's First Amendment scrutiny impact (and strengthen) Second Amendment claims?I am not a First Amendment expert, and thus I cannot expertly assess all the Justices' First…