Topic
first amendment
2,545 published works
Broadcast Law Blog
Congress Tries to Overturn Second Circuit While Third Circuit Hears Janet Jackson Indecency Case, and “The War” Is Censored
This week, legislation was introduced in the House of Representatives to make a single use of an expletive on a broadcast station subject to sanctions from the FCC. This parallels…
The Trademark Blog
“Golan v Gonzales — How The First Amendment Limits Copyright Law”
Balkinization: Golan v. Gonzales -- How The First Amendment Limits Copyright Law The Tenth Circuit has handed down a very important copyright case, Golan v. Gonzales, which holds that section…
Labor Law Prof Blog
No First Amendment Right for Police Officer to Participate in Sexually Explicit Web Site With Wife
In a case reminiscent of City of San Diego v. Roe (U.S. 2004), in which a police officer was terminated for posting pornographic materials of himself in uniform on eBay,…
Labor Law Prof Blog
Paul on Pickering, or The Inexorable Zero
Paul Secunda has just posted on SSRN his article: Whither the Pickering Rights of Federal Employees? Here's the abstract: As a result of the Supreme Court's 1983decision in Bush v.…
Legal Ease Blog
Some New York Advertising Rules Held Unconstitutional
By Allison Johs
In February, new advertising rules, part of the State's disciplinary rules for New York lawyers became effective. Now the first court opinion has been issued which holds some of those…
Legal Ease Blog
Some New York Advertising Rules Held Unconstitutional
In February, new advertising rules, part of the State's disciplinary rules for New York lawyers became effective. Now the first court opinion has been issued which holds some of those…
Labor Law Prof Blog
The Churchill Saga and Pickering Rights
How's this for a brilliant Title VII fact pattern for an Employment Discrimination Law exam? (Stop salivating my summer employment discrimination students, this won't be on the exam (but at…
Labor Law Prof Blog
Garcetti Incentives At Work
One of the criticisms of the Supreme Court's decision in Garcetti v. Ceballos (U.S. 2006), which held that public employee have no First Amendment protections when speaking pursuant to their…
inversecondemnation.com
▪ “For Sale” Signs on Cars on Public Property
In a decision out of Ohio, the US Court of Appeals for the Sixth Circuit, held in Pagan v. Fruchey, No. 04-4414 (6th Cir. June 29, 2007) that the First…
Real Lawyers Have Blogs
Baseball blogger’s ejection raises loads of legal issues : New York Times
The eviction of a newspaper reporter for blogging a NCCA baseball "has stirred a debate about First Amendment rights, intellectual property rights and contract law," per the NY Times' Joe…