Topic
first amendment
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Constitutional Law Prof Blog
Sixth Circuit: No First Amendment Right for University Employee’s Op-Ed
By ConLawProf initials at end of post
In its opinion yesterday in Dixon v. University of Toledo, the Sixth Circuit addressed what it labeled a "narrow inquiry," articulating the issue as "whether the speech of a high-level Human…
Constitutional Law Prof Blog
Complaint Against NYPD Alleging Right to Record Police Officers
By ConLawProf initials at end of post
The First Amendment right to record public police interactions with "smartphones" is the basis of a complaint filed yesterday in Charles v. City of New York. The facts as alleged…
Constitutional Law Prof Blog
Daily Read: William S. Burroughs and the Second Amendment
By ConLawProf initials at end of post
"Beat Generation" afficionados and American Literature majors know William S. Burroughs' Naked Lunch; ConLawProfs may recall the First Amendment implications including the eventual decree by Massachusetts' highest court that the…
Drug & Device Law
How the First Amendment Affects Tort Law
By Bexis
It occurs to us that there’s a missing link in the chain which makes United States v. Caronia, ___ F.3d ___, 2012 WL 5992141 (2d Cir. Dec. 3, 2012), important to what…
Constitutional Law Prof Blog
Federal District Judge: North Carolina’s “Choose Life” License Plate Scheme Unconstitutional
By ConLawProf initials at end of post
Is a specialty license plate government speech permissible under the First Amendment? In a 21 page opinion and order in ACLU of North Carolina v. Conti, Senior United States District Judge…
Constitutional Law Prof Blog
Ninth Circuit Says Hoax Anthrax Threat Not Protected By Free Speech
By ConLawProf initials at end of post
The Ninth Circuit ruled last week in U.S. v. Keyser that a criminal defendant's hoax anthrax threat was not protected by the First Amendment.Keyser, in an ill-fated and badly misguided effort…
Drug & Device Law
Caronia, Off-Label Promotion, And The First Amendment
By Bexis
In our first-on-the-web quickie analysis of United States v. Caronia, ___ F.3d ___, 2012 WL 5992141 (2d Cir. Dec. 3, 2012), we didn’t have time to do much more than unwrap the…
Constitutional Law Prof Blog
Daily Read: Bradley Manning’s Attorney on C-Span
By ConLawProf initials at end of post
Some excellent reporting and gathering of materials from C-SPAN on the Bradley Manning case, involving constitutional issues of state secrets, First Amendment, and due process, among others. Today's daily "read"…
Constitutional Law Prof Blog
Federal District Judge Enjoins California’s Law Prohibiting Sexual Orientation Conversion Therapy
By ConLawProf initials at end of post
California's SB 1172, slated to become effective January 1 and prohibiting licensed therapists from performing what is known variously as sexual conversion therapy, reparative therapy, or sexual orientation change efforts…
Health Law Prof Blog
First Amendment & Pharma: Taking Freedom of Information Seriously
Back in 2011, the AJLM had a symposium issue anticipating major issues in 1st Amendment limits on FDA restrictions on off-label marketing. It was a prescient move. Just as it…