Topic

first amendment

2,545 published works

Constitutional Law Prof Blog March 1, 2012
Court Says FDA Warnings Violate First Amendment
By ConLawProf initials at end of post
Judge Richard J. Leon (D.D.C) ruled yesterday in R.J. Reynolds Tobacco Co. v. FDA that the FDA's required warning labels on cigarette packs violate free speech and granted summary judgment in…
Constitutional Law Prof Blog February 29, 2012
The constitutionality of the anti-prostitution pledge: compelled speech or government funding?
By ConLawProf initials at end of post
The Second Circuit's opinion earlier this month refused to grant en banc review to a panel decision that the so-called prostitution pledge for government AIDS/HIV funding is unconstitutional, Alliance for…
Constitutional Law Prof Blog February 22, 2012
Stolen Valor in the Court of Popular Opinion
By ConLawProf initials at end of post
If editorials and other opinions pieces are any prediction, the Supreme Court will be affirming the Ninth Circuit's finding that the Stolen Valor Act provision 18 USC 704(b) is unconstitutional…
Constitutional Law Prof Blog February 22, 2012
Oral Argument Analysis in Stolen Valor Case: US v. Alvarez
By ConLawProf initials at end of post
The Supreme Court heard oral arguments today in United States v. Alvarez, the so-called "Stolen Valor" case. The Ninth Circuit, in a divided opinion, held a provision of the act unconstitutional:…
Sentencing Law and Policy February 22, 2012
A sentencing spin for constitutional controversy over Stolen Valor Act?
By Douglas Berman
Main February 22, 2012A sentencing spin for constitutional controversy over Stolen Valor Act? An interesting and potential important First Amendment case is to be argued this morning in the Supreme…
Constitutional Law Prof Blog February 15, 2012
Wild Horses: Photojournalist’s First Amendment Right to Access
By ConLawProf initials at end of post
The Wild Free-Roaming Horses and Burros Act gives the Bureau of Land Management (BLM) authority over wild horses on federal lands. The BLM controls overpopulation by conducting horse gathers, also…
Constitutional Law Prof Blog February 13, 2012
Ninth Circuit: Pol Immune from Suit for Firing Subordinate for Campaign Speech
By ConLawProf initials at end of post
A three-judge panel of the Ninth Circuit ruled on Monday in Hunt v. County of Orange that a local sheriff enjoyed qualified immunity against a civil rights suit by his lieutenant after…
PropertyProf Blog February 8, 2012
The Reverse Mount Laurel Doctrine
By propertyprof
The always-interesting Ken Stahl highlights a recent land use case out of New Jersey. In Sayreville v. 35 Club, the New Jersey Supreme Court held that the first amendment does…
PropertyProf Blog February 8, 2012
Property & the First Amendment
By propertyprof
This week, Concurring Opinions hosted a online symposium on the relationship between the First Amendment and property. Specifically, the symposium has explored Marvin Ammori’s article, First Amendment Architecture, and the…
Land Use Prof Blog February 7, 2012
The Bizarro Mount Laurel Doctrine
By Land Use Prof
How do you like the working title for my next law review article? In a recent decision, the New Jersey Supreme Court (of Mount Laurel fame) held that the first…