Topic
first amendment
2,545 published works
Securities Law Prof Blog
Credit Rating Agencies Can Be Liable for Ratings Issued in Private Placement, Court Holds
Judge Scheindlin's opinion in Abu Dhabi Commercial Bank v. Morgan Stanley & Co. Download AbuDhabiCommercialBank(S.D.N.Y. Sept. 2, 2009) is receiving a great deal of press, and deservedly so. Two institutional…
Labor Law Prof Blog
Public Employment, Free Speech, and Public Concern – Employee Motivation Not Dispositive
In an interesting First Amendment retaliation claim forwarded to me by friend of the blog, Bill Herbert, the Second Circuit revisited the question of whether the employee's motive is dispositive…
Sentencing Law and Policy
Is Illinois’s new internet ban for sex offenders constitutional?
Main August 16, 2009Is Illinois's new internet ban for sex offenders constitutional?As detailed in this Chicago Tribune report from last week, Illinois " Gov. Pat Quinn signed new laws Tuesday…
North Carolina Business Litigation Report
Law Firm’s Client Didn’t Have First Amendment Right To Be Anonymous
We'll probably never know the identity of the Appellant in Lefkoe v. Jos. A. Bank Clothiers, Inc., decided yesterday by the Fourth Circuit. Whether anyone, including the Defendant, was entitled…
Drug & Device Law
Scientific Articles As First Amendment Protected Speech
By Bexis
We just ran across Bracco Diagnostics, Inc. v. Amersham Health, Inc., ___ F. Supp.2d ___, 2009 WL 1743699 (D.N.J. June 30, 2009). Yeah, we know, it's over a month old…
Sentencing Law and Policy
The emerging jurisprudence over conditions of supervised release
Main August 4, 2009The emerging jurisprudence over conditions of supervised releaseIn addition to noting yesterday's Third Circuit child porn sentencing ruling (discussed here), this article in today's Legal Intelligencer spotlights…
Media Law Prof Blog
The Dual Nature of the ISP As Speaker and Conduit
Rob Frieden, Pennsylvania State University College of Communications, & Pennsylvania State University Dickinson School of Law, has published "Invoking and Avoiding the First Amendment: How Internet Service Providers Leverage Their…
Media Law Prof Blog
Using IP Laws To Quash Freedom of Speech
Jill Barton, University of Missouri, Kansas City, has published "Backdoor Censorship: How Media Giants' Copyright Protection Policies Collide with the First Amendment." Here is the abstract.This thesis analyzes an alarming…
Labor Law Prof Blog
Sarcasm and Public Employment Don’t Mix, Part Deux
Back in my previous blogging life, I wrote about a case by the 11th Circuit, Mitchell v. Hillsborough County, No. 05-12207 (11th Cir., Oct. 31, 2006), which involved a county…
Media Law Prof Blog
The ISP as Speaker and Conduit
Rob Frieden, Pennsylvania State University, College of Communications, and Dickinson College of Law, has published "Invoking and Avoiding the First Amendment: How Internet Service Providers Leverage Their Status as Both…