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first amendment

2,545 published works

  1. PrawfsBlawg

    Social media and state action

    By prawfsblawg@gmail.com

    Main Monday, April 24, 2023Social media and state actionThe court granted cert in a case from the Ninth Circuit (finding state action) and a case from the Sixth Circuit (finding…

  2. Appellate Advocacy Blog

    Imagining the Appeal if the Dominion v. Fox News Case Had Gone to Trial

    By Robert S. Peck

    The highly anticipated trial of Dominion Voting System’s defamation lawsuit against Fox News evaporated on the cusp of trial with a settlement. As a result, we can only speculate about…

  3. Religion Clause

    Fire Fighter Can Move Ahead with Free Speech and Free Exercise Claims

    By Howard Friedman

    In Misjuns v. Lynchburg Fire Department, (WD VA, April 20, 2023), a Virginia federal district court held that a fire department captain who was denied training necessary for promotion, and…

  4. Municipal Minute

    U.S. Supreme Court Will Hear "True Threat" First Amendment Case

    By Julie Tappendorf

    Today, the U.S. Supreme Court will hear oral argument in the appeal of a stalking conviction of a Colorado man relating to Facebook posts he made about a local musician.…

  5. PrawfsBlawg

    Fox and Dominion settle

    By prawfsblawg@gmail.com

    Main Tuesday, April 18, 2023Fox and Dominion settleFor $ 787.5 million, just on the Fox side of meeting halfway. Unsurprising.Settling the typical defamation is problematic from a First Amendment standpoint--the…

  6. PrawfsBlawg

    Pico as Derelict

    By prawfsblawg@gmail.com

    Main Thursday, April 06, 2023Pico as DerelictDissenting, in Lambert v. California (1957), Justice Frankfurter predicted that the 5-4 ruling would "turn out to be . . . a derelict on…

  7. PrawfsBlawg

    Pico and public libraries

    By prawfsblawg@gmail.com

    Main Wednesday, April 05, 2023Pico and public librariesJudge Pitman (W.D. Tex.) ordered Llano County to return twelve books to the public library shelves and enjoined further book removals. The court…

  8. PrawfsBlawg

    District Court gets defensive/offensive right–standing still sucks

    By prawfsblawg@gmail.com

    Main Tuesday, April 04, 2023District Court gets defensive/offensive right--standing still sucksIn 2021, I wrote about an Eighth Circuit case in a challenge to Arkansas' exclusive-private-enforcement ag-gag law. An animal-rights organization…

  9. Gender and the Law Prof Blog

    The Evolving Right of Public School Teachers to Refuse to Use a Student’s Preferred Name or Pronoun

    By Tracy Thomas

    Suzanne Eckes, Public School Teachers Who Refuse to Use Preferred Names and Pronouns: A Brief Exploration of the First Amendment Limitations in K-12 Classrooms,  14 ConLawNOW 159 (2023)This article focuses…

  10. Religion Clause

    Maker of Religious-Themed Military Dog Tags Can Move Ahead with 1st Amendment Claims Against DoD

    By Howard Friedman

    In Shields of Strength v. U.S. Department of Defense, (ED TX, March 31, 2023), a Texas federal district court allowed a company that manufactures military personnel "dog tags" to move ahead…