Topic
first amendment
2,545 published works
School Law
CAS Legal Mailbag Question of the Week – 1/14/2021
Dear Legal Mailbag: I am a high school administrator at the James Hetfield High School (the board chair when the school was named was a big Metallica fan). A number…
Health Law Prof Blog
Diminishing Religious Liberties: COVID Under the First Amendment
Daniel Figueroa (University of Massachusetts), Diminishing Religious Liberties: COVID Under the First Amendment, SSRN:The coronavirus has caused an unprecedented shutdown of biblical proportions. As the world manages a pandemic, of…
PrawfsBlawg
Citizens United meets cancel culture
Main Monday, January 11, 2021Citizens United meets cancel cultureThe premise of the campaign-finance/First Amendment connection is that spending money to support candidates (as expenditures and contributions) is a form of…
Media Law Prof Blog
McKechnie on Government Tweets, Government Speech: The First Amendment Implications of Government Trolling @AF_Academy
Douglas B. McKechnie, United States Air Force Academy, is publishing Government Tweets, Government Speech: The First Amendment Implications of Government Trolling in volume 4 of the Seattle University Law Review.…
PrawfsBlawg
No on Brandenburg (Updated)
Main Friday, January 08, 2021No on Brandenburg (Updated)Updates at bottom.Here is the full transcript of Soon-to-be-Ex President Trump's remarks to the pre-sedition rally. After reading it (and at this point…
Simple Justice
You Don’t Have To Believe Lies
Thomas Edsall provides a fair survey of academic challenges to the current understanding of the First Amendment. Two points stand out, the first being that the internet has given rise…
Rocky Mountain Sign Law Blog
District Court Upholds Tennessee City’s Enforcement of Policy Against Special Event Interference
In a case of first impression within the Sixth Circuit, a district court held that a city’s interest in protecting the exercise of a permit holder’s First Amendment rights is—at…
PrawfsBlawg
Third-party universality
Main Thursday, December 24, 2020Third-party universalityA judge in the Northern District of California has universally enjoined the President's Executive Order on diversity training. Plaintiffs are several non-profit LGBT education and…
Simple Justice
Tuesday Talk*: Is This What They Meant By “Moral Clarity”?
There are two problems with a post derived from an article in the Washington Post (sorry, Radley), where democracy dies in the darkness. The first is that WaPo has done…
PrawfsBlawg
Universality and the facial/as-applied distinction
Main Wednesday, December 16, 2020Universality and the facial/as-applied distinctionAn aspect of universality about which I have not written is its intertwinement with the distinction between facial and as-applied challenges to…