Topic
first amendment
2,545 published works
PrawfsBlawg
Social media and state action
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…
Appellate Advocacy Blog
Imagining the Appeal if the Dominion v. Fox News Case Had Gone to Trial
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…
Religion Clause
Fire Fighter Can Move Ahead with Free Speech and Free Exercise Claims
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…
Municipal Minute
U.S. Supreme Court Will Hear "True Threat" First Amendment Case
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.…
PrawfsBlawg
Fox and Dominion settle
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…
PrawfsBlawg
Pico as Derelict
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…
PrawfsBlawg
Pico and public libraries
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…
PrawfsBlawg
District Court gets defensive/offensive right–standing still sucks
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…
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…
Religion Clause
Maker of Religious-Themed Military Dog Tags Can Move Ahead with 1st Amendment Claims Against DoD
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…