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first amendment

2,545 published works

  1. PrawfsBlawg

    303 Creative, Exclusive Private Enforcement, and Blue-State Revenge

    By prawfsblawg@gmail.com

    Main Tuesday, March 12, 2024303 Creative, Exclusive Private Enforcement, and Blue-State Revenge(Finally; it only took 7 hours) available on SSRN. If you or someone you love operates a law review,…

  2. Simple Justice

    Self-Censorship Is Silent

    By Scott Greenfield

    It should have been a lay up for the Supreme Court, having been teed up by Fourth Circuit dissenting Judge Harvie Wilkinson. How did it ever come to this—that such…

  3. Pete's Take

    A horse is a horse, of course of course . . . that is, of course, unless the horse also raises First Amendment issues

    By Peter Gallagher

    by: Peter J. Gallagher Whether you are a regular at Saratoga or become an instant expert on horse racing in the days leading up to the Kentucky Derby, you have…

  4. PrawfsBlawg

    Universality and litigation procedure in the social-media cases (Updated)

    By prawfsblawg@gmail.com

    Main Wednesday, February 28, 2024Universality and litigation procedure in the social-media cases (Updated)Universality reared its head in the social-media cases, especially the Florida case. The plaintiffs brought a facial challenge,…

  5. The Right Coast

    Google, Facebook FREAK AT SCOTUS Censorship Case

    By Thomas A. Smith

    via www.youtube.com

  6. IAALS Blog

    The North Carolina Justice for All Project: From Foundation to First Amendment Lawsuit

    By Michael Houlberg, Alicia Mitchell-Mercer

    On January 4, 2024, the North Carolina Justice for All Project (JFAP) filed a First Amendment lawsuit against the state of North Carolina claiming unlawful infringement upon their fundamental right…

  7. Legal Profession Blog

    Expulsion Upheld

    By Michael Frisch

    The United States Court of Appeals for the Fourth Circuit affirmed a medical school's expulsion of a studentKieran Bhattacharya (“Appellant”) is a former medical student at the University of Virgnia…

  8. Simple Justice

    Is There A First Amendment Right To Affirmative Action?

    By Scott Greenfield

    Having authored my all-time favorite law review article, when Sasha Volokh writes, I take him seriously. He asserts that what the Court took away in SSFA v. Harvard, it gave…

  9. PrawfsBlawg

    Erie and litigation finacing in Florida

    By prawfsblawg@gmail.com

    Main Thursday, February 08, 2024Erie and litigation finacing in FloridaThe Florida legislature is considering legislation that would, among other things, require automatic disclosure of financing agreements. Wisconsin enacted a similar…

  10. Incontestable Blog

    Ninth Circuit Pours Jack Daniel's in “Punchbowl” Trademark Suit

    By Publisher

    For many years, courts often applied the quintessential likelihood-of-confusion test for trademark infringement claims more narrowly when analyzing allegedly infringing products that were also works of artistic expression. For such…