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first amendment

2,545 published works

  1. Constitutional Law Prof Blog

    Court Considers Opt-Out Options for Union Assessment

    By ConLawProf initials at end of post

    The Supreme Court heard oral argument yesterday in Knox v. SEIU, the case testing whether a union had to issue a special opt-out notice to nonmembers when it increased its…

  2. PropertyProf Blog

    Los Angeles v. Street Vendors

    By propertyprof

    The NY Times, highlights a dispute between stret vendors and the city:On the boardwalk of Venice Beach, the trinkets seem endless. There are glass pipes, copper necklaces, feather earrings and…

  3. Constitutional Law Prof Blog

    FCC v. Fox Argument: On Naked Buttocks, Regulated Media, and the First Amendment

    By ConLawProf initials at end of post

    The precise issue before the Court in today's oral argument in FCC v. Fox is more muddled than not.  Indeed, Justice Breyer stated in argument that he thought that was the…

  4. Media Law Prof Blog

    Interior Designers and the First Amendment

    By Media Law Prof Blog

    From the National Law Journal: an opinion piece on the upcoming case before the Supreme Court, Locke v. Shore. Petitioners are challenging a Florida law that requires interior designers practicing…

  5. Constitutional Law Prof Blog

    Eighth Circuit on Law School Hiring: The First Amendment and Political Views

    By ConLawProf initials at end of post

    As most law professors and hiring committees know, hiring law faculty is a highly subjective endeavor. Many candidates are unsuccessful.  For example, Teresa Wagner was not hired to be a…

  6. Sentencing Law and Policy

    An effective review of the SCOTUS year that was(n’t much)

    By Douglas Berman

    Main December 29, 2011An effective review of the SCOTUS year that was(n't much)Writing in The National Law Journal, Tony Mauro and Marcia Coyle have put together this lovely review of…

  7. New Media and Technology Law Blog

    An Old Wine – New Bottles Analogy Leads to Dismissal of Indictment for Alleged Twitter Stalking

    By Jeffrey Neuburger

    The Twitter micro-blogging service is just like the bulletin boards that Colonial Americans might have had in their front yards to communicate with one another at the time the Bill…

  8. Constitutional Law Prof Blog

    Constitutional Challenge to AETA (Animal Enterprise Terrorism Act)

    By ConLawProf initials at end of post

    The First Amendment problems with AETA, the Animal Enterprise Terrorism Act, are well known.  Last year, a Northern California District Judge dismissed the high profile indictments against Joseph Buddenberg and…

  9. Constitutional Law Prof Blog

    Seventh Circuit: Contribution Cap to Independent Group Violates First Amendment

    By ConLawProf initials at end of post

    A unanimous three-judge panel of the Seventh Circuit ruled this week in Wisconsin Right to Life v. Barland that Wisconsin's cap on contributions to independent political action committees violates the…

  10. Drug & Device Law

    First Amendment Smorgasbord

    By Bexis

    While we’re all waiting for the Second Circuit to decide the Caronia case – and, we hope, hold that the FDA’s prohibiting the truthful promotion of off-label use violates the…