Topic
first amendment
2,545 published works
Sentencing Law and Policy
"Orange Is the News Blackout: The First Amendment and Media Access to Jails"
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…
SWIPLit Blog
The Lanham Act’s “Living Individual” Restriction & The First Amendment
Please click here to see the article.
The Right Coast
A history professor advocated for removing Confederate statues. Then his college fired him.
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…
Appellate Advocacy Blog
The Value in “Low-Value” Speech
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,…
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. …
ImmigrationProf Blog
University of Georgia Law: Immigrants and the First Amendment: Defining the Borders of Noncitizen Free Speech and Free Exercise Claims
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…
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…
Appellate Advocacy Blog
The First Amendment and Low-Value Speech That Causes Substantial Emotional Distress
“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…
Canna Law Blog
Are Cannabis Churches Legal?
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…
PrawfsBlawg
Weird procedure and Palin v. New York Times (Updated Several Times)
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…