Topic
first amendment
2,545 published works
Religion Clause
Questions of Fact Remain in Challenge to Application Process for Prison Chaplaincy Supervisor
In Bridges v. Prince Georges County, Maryland, (D MD, Feb. 1, 2024), a Maryland federal district court refused to grant summary judgment for either plaintiff or the defendants in a suit…
Simple Justice
Disney Loses, Despite Retaliatory Purpose
It was a dumb fight to pick for a business that relied upon the largesse of the state and for a state that relied upon the largesse of a business.…
California Corporate & Securities Law Blog
As Foretold, California's New Forced Speech Laws Are Being Challenged
Last year, I commented on the likely unconstitutionality of two California laws compelling forced speech: The California legislature has of late adopted the tactic of driving behavior by compelling speech. SB…
Nonprofit Law Prof Blog
The Myth of Strict Scrutiny Fatality and Fearless Foundation
Today's oral argument before the Eleventh Circuit Court of Appeals was . . . well . . . discouraging. I will post the recording tomorrow when it becomes available. The…
Simple Justice
Can AI Child Porn Be Stopped?
The Supreme Court has held that child pornography is an exception to the First Amendment, and few would argue otherwise. But it also limited the exception to actual kiddie porn,…
PrawfsBlawg
Qualified immunity and the inversion of the law/equity divide
Main Thursday, January 25, 2024Qualified immunity and the inversion of the law/equity divideA divided en banc Fifth Circuit inVillareal v. City of Laredo rejected First and Fourth Amendment claims by…
PrawfsBlawg
The First Supreme Court Citation to the Scopes Trial
Main Wednesday, January 24, 2024The First Supreme Court Citation to the Scopes TrialUntil today, I never noticed that Justice Frankfurter's dissent in Barnette (the flag-salute case) was the first Supreme…
Religion Clause
Sign Ordinance Restricting Anti-Abortion Protester Does Not Violate 1st Amendment
In Roswell v. Mayor and City Council of Baltimore, (D MD, Jan.19, 2024), a Maryland federal district court dismissed a suit by an anti-abortion sidewalk counselor who communicates with women entering…
Media Law Prof Blog
Foster on Originalism, the Right to Publish, and Social Media
Will Foster, Columbia University, has publishd Originalism, The Right to Publish, and Social Media. Here is the abstract.Florida and Texas have recently passed laws that restrict social media platforms’ ability…
ContractsProf Blog
Department of Self-Promotion, Rights Mediation: Contracts Law and the First Amendment
For the past few years, I have been blogging intermittently about Supreme Court cases that involve contractual rights but are decided on First Amendment grounds as though no contractual interests…