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first amendment

2,545 published works

  1. Drug & Device Law

    Second Circuit Reverses Off-Label Promotion Conviction On First Amendment Grounds

    By Bexis

    The long wait is over.  Here is the Second Circuit's decision in United States v. Caronia, No. 90-5006-cr, slip op. (2d Cir. Dec. 3, 2012).  By a 2-1 vote, Mr.…

  2. Constitutional Law Prof Blog

    Maine Governor May Remove Mural Without Violating Free Speech

    By ConLawProf initials at end of post

    The First Circuit ruled in Newton v. LePage that the Maine governor did not violate free speech by removing and relocating a mural from the state Department of Labor offices…

  3. Constitutional Law Prof Blog

    Seventh Circuit Says No First Amendment Violation in Non-Confirmation for Political Support

    By ConLawProf initials at end of post

    The Seventh Circuit ruled this week in Embry v. City of Calumet that city aldermen did not violate free speech when they vowed not to ratify the mayor's nominee to be…

  4. PropertyProf Blog

    Mettler on Graffiti Ordinances

    By propertyprof

    Margaret Mettler (Michigan - Student) has posted Graffiti Museum: A First Amendment Argument for Protecting Uncommissioned Art on Private Property on SSRN.  Here's the abstract:Graffiti has long been a target…

  5. Constitutional Law Prof Blog

    Thanksgiving 2012

    By ConLawProf initials at end of post

    The relationship between Thanksgiving and the First Amendment's religion clauses, as well as to the economy, is a recurrent topic of constitutional conversation at this time of year.President Obama's Thanksgiving…

  6. Media Law Prof Blog

    An Interpretation of Sorrell

    By Media Law Prof Blog

    In King v. General Information Services, the plaintiff alleged that the GIS, a credit reporting service, violated section 1681c of the Fair Credit Reporting Act by reporting information expressly excluded…

  7. Media Law Prof Blog

    Justice Kennedy’s First Amendment Jurisprudence

    By Media Law Prof Blog

    Helen J. Knowles, Grinnell College, has published What a Difference Five Years Haven't Made: Justice Kennedy and the First Amendment, 2007-2012. Here is the abstract.This paper shows that for all…

  8. Constitutional Law Prof Blog

    Petitioning for Secession

    By ConLawProf initials at end of post

    Some people in more than a few states have begun to "petition" to secede from the United States.  Secession does come up from time to time; Texas has been a…

  9. Media Law Prof Blog

    Balancing Defamation Law, Anonymity, and the First Amendment

    By Media Law Prof Blog

    Jason M. Shepard and Genelle I. Belmas, both of California State University, Fullerton, have published Anonymity, Disclosure and First Amendment Balancing in the Internet Era: Developments in Libel, Copyright, and…

  10. Sentencing Law and Policy

    California voters approve new sex offender law, parts of which get swiftly blocked by federal judge

    By Douglas Berman

    Main November 7, 2012California voters approve new sex offender law, parts of which get swiftly blocked by federal judge I have not closely followed the particulars of Proposition 35 in…