Topic
first amendment
2,545 published works
Pennsylvania Family Law
The U.S. Supreme Court Creates a Problem it Sought to Solve
With a few exceptions the Supreme Courts of the United States both in Washington and 50 state capitals are courts of “limited jurisdiction.” That is to say that they don’t…
Constitutional Law Prof Blog
Court Clarifies True Threats, Requires Subjective Recklessness
The Supreme Court today clarified the "true threats" threats exception to the First Amendment, holding that true threats require that a speaker had a subjective understanding of the threatening nature…
School Law
CAS Legal Mailbag – 6/15/23
Originally appeared in the CAS Weekly Newsletter Dear Legal Mailbag: Like many towns in Connecticut, events leading to the local budget referendum have been contentious and unfriendly. I have tried hard…
Gadgets, Gigabytes & Goodwill Blog
SCOTUS To Examine Whether First Amendment “Trumps” Lanham Act
By Stephen Lott
The U.S. Supreme Court continues to show interest in trademark issues with its recent grant of certiorari in another case pitting the Lanham Act against the First Amendment. Applicant Steve…
Minding Your Business
In Jack Daniel’s case, Supreme Court Rejects Ninth Circuit’s Expansive View of First Amendment Rogers Test
On June 8, 2023, the U.S. Supreme Court issued its decision in Jack Daniel’s Properties, Inc. v. VIP Products, LLC and provided some clarity as to the applicability of the…
The Right Coast
How the Government Justifies Its Social-Media Censorship – WSJ
The Supreme Court has adopted doctrines that inadvertently erode the ability of officials to see that censorship is unconstitutional. Although the doctrines, when carefully considered by sophisticated judges, reveal the…
Religion Clause
3rd Circuit Hears Oral Arguments In Abortion Clinic Buffer Zone Challenge
The U.S. 3rd Circuit Court of Appeals yesterday heard oral arguments in Reilly v. City of Harrisburg (audio of full oral arguments). In the case below (MD PA, March 28,…
Global IP & Technology Law Blog
No First Amendment Right to Confuse Consumers, High Court Holds
By Joe Meckes
Today, in a unanimous decision, the Supreme Court held that the First Amendment will not protect an infringers’ use of a confusingly similar trademark for its goods – even if…
Chicago Business Litigation Lawyer Blog
First Amendment Protects the New York Times from Donald Trump’s Lawsuit
By Peter S. Lubin, Patrick Austermuehle
Among the many legal battles involving Donald Trump these days is a recent lawsuit in which Trump sued his niece, Mary Trump, along with the New York Times for reporting…
PrawfsBlawg
Preferred first speaker, again
Main Wednesday, June 07, 2023Preferred first speaker, againReading (PA) police arrested a man for disorderly conduct for reading Bible verses (it sounds as if through a bullhorn or other amplifider)…