Topic
first amendment
2,545 published works
The Faculty Lounge
Snyder v. Phelps: Finding the Speech-Tort Balance
The following is a guest post from Deana Pollard Sacks of Texas Southern, who's visiting at Florida State right now. Close readers of the faculty lounge may recall that I've…
Sixth Circuit Appellate Blog
Sixth Circuit Clarifies Frameworks to be Applied when a Commercial Speaker Seeks First Amendment Protection
In Int’l Dairy Foods Ass’n v. Boggs, Nos. 09-3515, 09-3526 (6th Cir. Sept. 30, 2010).pdf the Sixth Circuit entered the fray surrounding the use of the artificial hormone recombinant bovine…
TortsProf Blog
Zipursky on “Snyder v. Phelps, Outrageousness, and the Open Texture of Tort Law”
Ben Zipursky (Fordham) has a forthcoming article on Snyder v. Phelps, which will be before the Supreme Court for oral argument tomorrow. The abstract provides:In Snyder v. Phelps, the United…
Constitutional Law Prof Blog
New Book on Morse v. Frederick (the “Bong Hits 4 Jesus” case)
By ConLawProf initials at end of post
This first Monday in October, the start of a new term of the United States Supreme Court, reminds us of all the other cases the Court has decided, including the…
Constitutional Law Prof Blog
First Amendment Protects Michigan Assistant AG’s “Political Campaign” Against University Student President?
By ConLawProf initials at end of post
UPDATE: The Michigan Assistant AG has been terminated.UPDATE: The Michigan Assistant AG has apparently taken a "leave of absence." The CNN report by Anderson Cooper is worth watching: The blog "Chris…
International Law Prof Blog
11th Circuit Upholds Florida State Statute that Bans Academic Travel to Cuba
The U.S. Court of Appeals for the Eleventh Circuit has upheld a Florida state law that restricts students, faculty, and researchers at state colleges and universities from traveling to Cuba…
Constitutional Law Prof Blog
Don’t Ask Don’t Tell Unconstitutional: California Federal Judge Rules
By ConLawProf initials at end of post
In an 86 page opinion issued today, federal district judge Virginia Phillips, Central District of California, ruled that the military's "don't ask, don't tell" policy regulating homosexuality is unconstitutional under…
Constitutional Law Prof Blog
Funding Policy Discriminates Against Religion, Seventh Circuit Rules
By ConLawProf initials at end of post
A divided panel of the Seventh Circuit ruled last week that a university's policy of declining to fund student group worship, proselytizing, and religious instruction unconstitutional. The case, Badger Catholic v.…
Drug & Device Law
First Amendment on Ice
By Bexis
It was noted all the alerts that went around yesterday, such as this one, but since we've been following the litigation intensively, here, here, here, and here, we thought we'd…
Labor Law Prof Blog
Secunda Continues to Search for Pickering Rights
Our own Paul Secunda (Marquette) has consistently argued (see articles here and here) that the free-speech rights of public employees are being significantly eroded. In an article just posted on…