Topic
first amendment
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Virginia Anti-Spam Law Stays Unconstitutional
By Adam Snukal
In September 2008, the Virginia Supreme Court unanimously ruled that Virginia’s then-enacted anti-spam laws were per se unconstitutional on the grounds that they violated the First Amendment right of freedom…
Civil Procedure & Federal Courts Blog
Erie Meets the First Amendment
By Civil Procedure & Federal Courts Blog
Howard Wasserman just posted an interesting question over at PrawfsBlawg: So here is a nice Erie question: In a diversity action, must afederal court apply the state-law standard for when…
Reproductive Rights Prof Blog
Caroline Corbin on Compelled Listening and Mandatory Pre-Abortion Counseling
Caroline Corbin (University of Miami School of Law) has posted The First Amendment Right Against Compelled Listening on SSRN. Here is the abstract:ThisArticle argues for a new First Amendment right:…
Real Lawyers Have Blogs
Legal News – LexBlogosphere: 3/13/09
One last post before we close things down at LexBlog for the weekend. Peter Vogel's post on Google's plans for the future (an operating system and more) stands out as…
Media Law Prof Blog
Government Regulation and Student Speech
Josh Paul Davis and Joshua D. Rosenberg, University of San Francisco School of Law, have published "The Inherent Structure of Free Speech Law: Government as Patron or Regulator in the…
Media Law Prof Blog
Sexual Harrassment Among “Friends” and Other Annoyances
Kimberly D. Phillips, Texas Tech University School of Law, has published "My Body is a Sacred 'Garment': Does the First Amendment Protect Clothing Designers Who Work Naked?" Here is the…
Labor Law Prof Blog
Nebraska S. Ct. Upholds Vacatur of Arbitration Award Reinstating State Trooper Who Was a Klan Member
The case is State v. Henderson, and it would make a great exam question, raising labor law and First Amendment issues. Robert Henderson, a veteran Nebraska state trooper joined the…
Real Lawyers Have Blogs
Legal News – LexBlogosphere: 3/10/09
It's always fascinating to see how old laws are interpreted in today's world. Today, the Newsroom Law Blog has some insight on a case where the Maryland Court of Appeals…
New Jersey Public Safety Officers Law Blog
Freedom of Association Claim Permitted to Go Forward
On February 3, 2009, the United States Court of Appeals for the Third Circuit decided the case of LaPosta v. Borough of Roseland. In the case, plaintiff, Joseph LaPosta, a police…
Intellectual Property Law Blog
Federal Appeals Court Strikes Down California Law Banning the Sale or Rental of “Violent Video Games” To Minors
On February 20, 2009 the Ninth Circuit Court of Appeals struck down a California law banning the sale or rental of "violent video games" to minors and requiring such games…