Topic
first amendment
2,545 published works
Simple Justice
Tuesday Talk*: To Cover Or Not To Cover Trump
In a saner world, a presidential candidate suggesting that the chairman of the joint chiefs of staff should be put to death would be a big deal, not to mention…
The Faculty Lounge
Bi+ Visibility Day and Marjorie Rowland
In honor of today being Celebrate Bisexuality Day (aka Bi+ Visibility Day or Bi Visibility Day), I thought I would post about bisexual rights pioneer Marjorie Rowland, who sued way…
Canna Law Blog
More New York Cannabis Program Litigation: First Amendment Challenge to Third-Party Website Rules
On September 18, 2023, a new lawsuit was filed by, inter alia, Leafly Holdings, Inc. (“Leafly”) against the New York State Office of Cannabis Management (“OCM”) and New York State Cannabis…
Sixth Circuit Appellate Blog
An Update on the Censorship Cases Pending at SCOTUS
Earlier this week, we blogged about the social media censorship cases that have been working their way through various courts of appeals, including the Sixth Circuit, and how one of…
Simple Justice
The Government’s Truth
When the government tells you, a private enterprise, that it would really like you to do something, the “or else” is always implied. “Nice internet you got there. It would…
Legal Profession Blog
No Chill
The United States Court of Appeals for the Third Circuit held that a lawyer who teaches CLE lacks standing to challenge the state bar's anti-discrimination ruleThe Supreme Court of Pennsylvania…
PrawfsBlawg
More merits and standing overlaps
Main Wednesday, August 30, 2023More merits and standing overlapsThe Third Circuit rejected a First Amendment challenge to Pennsylvania's anti-discrimination/anti-harassment PR rule (ABA Model Rule 8.4(g)), concluding that the lawyer plaintiff…
Simple Justice
2d Circuit Holds Vermont Law School Can Censor Mural
It’s not as if Samuel Kerson forced his mural commemorating Vermont’s role in the Underground Railroad upon Vermont Law School. He proposed it and they were all on board. But…
PrawfsBlawg
303 Creative as “fake case” (Updated)
Main Wednesday, August 23, 2023303 Creative as "fake case" (Updated)I have never understood the "fake case" criticism of 303 Creative. The fact that Smith had never designed a wedding site…
Gender and the Law Prof Blog
SCOTUS Viewpoint Distinctions in Favor of Anti-LGBTQ Speech
By Tracy Thomas
Carlos Ball, First Amendment Exemptions for Some, 137 Harvard L. Rev. Forum (forthcoming 2023) This Essay argues that the Supreme Court’s assessment of what it understood to be the sincerity and…