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first amendment

2,545 published works

  1. Internet, IT & e-Discovery

    Are Search Engine Results Protected Speech Under the First Amendment?

    By Peter Vogel

    Law professor Eugene Volokh wrote a paper describing why he believes that search engines have a constitutional right to speak to their users without government intervention. Although the 27 page…

  2. Workplace Privacy, Data Management & Security Report

    “Liking” A Facebook Page Is Not Protected By The First Amendment

    By Jason C. Gavejian

    A Virginia district court recently held that an employee’s clicking of the Facebook “like” button is not comparable to speech. Accordingly, the court affirmed the dismissal of First Amendment retaliation claims brought…

  3. The Faculty Lounge

    Lucy Dalglish Named Dean at Maryland College of Journalism

    Academia is gaining a great advocate for speech and press freedom. Lucy Dalglish, Executive Director of the Reporters Committee for Freedom of the Press, has been named Dean of the…

  4. Constitutional Law Prof Blog

    Recording Police A First Amendment Right: Seventh Circuit Weighs In

    By ConLawProf initials at end of post

    The Seventh Circuit in ACLU v Alvarez has instructed the district court to enjoin Illinois broad "eavesdropping statute" from being applied to a "police accountability" recording program in Chicago.Illinois has one…

  5. IP Intelligence

    Court Gives Thumbs Down to First Amendment Protection for “Liking” Candidate on Facebook

    By Peter Shapiro

    In a decision that runs counter to a large body of Supreme Court precedent on both Internet and non-verbal speech, a Virginia district court has held that “liking” a candidate…

  6. Constitutional Law Prof Blog

    Press, Protest, and Prosecution: Constitutional Limits in Santa Cruz?

    By ConLawProf initials at end of post

    Two Indybay photojournalists are seeking dismissal of charges against them including conspiracy to commit vandalism/trespass in conjunction with an Occupy event in an otherwise vacant building in Santa Cruz last…

  7. Federal Eminent Domain Blog

    Virginia Federal Judge Follows The Rule of Law

    By Alan Ackerman

    We all want to protect our First Amendment freedoms. However, seeking an injunction to avoid an ordinance violation requires requests through the local planning process before seeking relief from the…

  8. Sentencing Law and Policy

    Split Eighth Circuit upholds supervised release condition prohibiting “photographic depictions of child nudity”

    By Douglas Berman

    Main May 7, 2012Split Eighth Circuit upholds supervised release condition prohibiting "photographic depictions of child nudity"Though potential of even great interest to First Amendment gurus than sentencing fans, a split…

  9. PrawfsBlawg

    A Jurisdictional Perspective on New York Times v. Sullivan

    By prawfsblawg@gmail.com

    Main Tuesday, June 05, 2012A Jurisdictional Perspective on New York Times v. SullivanI just posted a new paper on SSRN, entitled, A Jurisdictional Perspective on New York Times v. Sullivan:…

  10. Constitutional Law Prof Blog

    Complaint Against NYPD for Barricading OWS Protesters

    By ConLawProf initials at end of post

    The complaint filed today in the Southern District of New York in Berg v. Kelly (as NYC Police Commissioner), also naming as defendants a number of NYC Police Officers, claims…