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first amendment

2,545 published works

  1. Sentencing Law and Policy

    "Orange Is the News Blackout: The First Amendment and Media Access to Jails"

    By Douglas Berman

    The title of this post in the title of this article recently posted to SSRN authored by Frank LoMonte and Jessica Terkovich.  Here is its abstract: County jails are hotspots…

  2. SWIPLit Blog

    The Lanham Act’s “Living Individual” Restriction & The First Amendment

    By David G. Barker

    Please click here to see the article.

  3. The Right Coast

    A history professor advocated for removing Confederate statues. Then his college fired him.

    By Thomas A. Smith

    Today, history professor Michael Phillips sued Collin College, its president, H. Neil Matkin, and other university officials for violating his constitutional rights by firing him for talking about history and…

  4. Appellate Advocacy Blog

    The Value in “Low-Value” Speech

    By Robert S. Peck

    Last week, another contributor to this blog, Adam Lamparello, wrote a purposefully provocative piece, arguing that low-value speech that causes emotional distress should be without First Amendment protection. By prearrangement,…

  5. California Public Agency Labor & Employment Blog

    Government-Hosted Social Media – How To Avoid First Amendment Claims

    By David Urban

    This post appeared in April 2018.  It has been reviewed and is up to date. Social media and the First Amendment is a fascinating and quickly-developing area of the law. …

  6. ImmigrationProf Blog

    University of Georgia Law: Immigrants and the First Amendment: Defining the Borders of Noncitizen Free Speech and Free Exercise Claims

    By immigrationprof

    Immigrants and the First Amendment: Defining the Borders of Noncitizen Free Speech and Free Exercise ClaimsImmigration law, as well as immigrant activism, are intersecting with the First Amendment in new…

  7. Commercial Litigation Update

    Does TRUMP Trademark Ruling Create First Amendment Exception That Is TOO BIG or TOO SMALL?

    By James (Jim) P. Flynn, Kevin Elkins

    Interesting question: Can someone trademark another person’s name without that person’s consent? The answer to that is usually “no,” but, hey, we would not be the first people to say…

  8. Appellate Advocacy Blog

    The First Amendment and Low-Value Speech That Causes Substantial Emotional Distress

    By Adam Lamparello

    “God Hates Fags.”[1]“Fags Doom Nations.”[2]“Fag Troops.”[3]“God hates you.”[4]Should the First Amendment be interpreted to protect this nonsense?No.Some speech is so despicable – and so injurious – that it should not…

  9. Canna Law Blog

    Are Cannabis Churches Legal?

    By Griffen Thorne

    I’ve spent considerable time explaining the law regarding religious use of psychedelics on the Psychedelics Law Blog lately. A lot of that same law applies equally to cannabis. Naturally, I…

  10. PrawfsBlawg

    Weird procedure and Palin v. New York Times (Updated Several Times)

    By prawfsblawg@gmail.com

    Main Monday, February 14, 2022Weird procedure and Palin v. New York Times (Updated Several Times)Jed Rakoff is an excellent judge. But his approach to Palin v. NYT has been procedurally…