Topic
first amendment
2,545 published works
SDNY Blog
American Idol Moves to Dismiss Discrimination Suit on First Amendment Grounds
The producers of American Idol last week moved to dismiss a discrimination suit alleging that African-American contestants with prior arrests or convictions were shamed and disqualified while similarly-situated white contestants…
Civil Rights Law & Policy Blog
Qualified Immunity and the First Amendment Right to Record Police
The title of this post comes from this article arguing that judges in First Amendment civil rights cases in which the plaintiff recorded public police activities should first determine the…
Civil Rights Law & Policy Blog
The New Speech
The title of this post comes from this fascinating article inquiring into the potential for First Amendment challenges as technological developments produce new speech platforms. Here's the abstract: Could the government…
Constitutional Law Prof Blog
Keeping Up With the Second Circuit’s Stop and Frisk Decisions
The Second Circuit late Friday entered yet another decision in In re Reassignment of Cases: Ligon; Floyd et al. v. City of New York, et al., this time on four…
Civil Rights Law & Policy Blog
Remembering Tinker: The right to vote as expressive conduct
A CRL&P reader recently brought to my attention the Tinker Tour, an ongoing event by the Student Press Law Center to educate students about their First Amendment rights. The tour…
Education Law Prof Blog
Case Alleging School Interfered with Protests of Mistreatment of Lesbian, Gay, Bisexual and Transgendered Students Moves Forward
By Derek Black
Amber Hatcher, a student at Desoto County High School, filed a lawsuit against the Desoto County School Board, the Principal at her high school, and other school officials alleged that…
Ohio Appellate Insights
Oral Argument Preview: Does a City Curfew on Cleveland’s Public Square violate the United States Constitution? Cleveland v. McCardle.
On May 28, 2014, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here. Read the analysis of the oral argument here. On…
inversecondemnation.com
Fed Ct: Hawaii’s Open Primary Not Facially Unconstitutional
Here's a ruling we've been waiting for in the Hawaii Democratic Party's federal court challenge to Hawaii's "open primary" process. U.S. District Judge J. Michael Seabright yesterday denied the Party's motions…
Civil Rights Law & Policy Blog
Fair Warning
The title of this post comes from this article arguing that courts have employed a limited First Amendment analysis to protesters' right of fair warning by police officers. Courts, however,…
Civil Procedure & Federal Courts Blog
Benham on the First Amendment in Protective-Order Litigation
Dustin Benham has posted on SSRN his article Dirty Secrets: The First Amendment in Protective-Order Litigation, forthcoming in Cardozo Law Review.Abstract:Courts are split on whether the First Amendment limitsjudges' power…