Topic
first amendment
2,545 published works
Drug & Device Law
First Amendment Circuit Split Develops
By Bexis
When we last reviewed the general state of First Amendment jurisprudence, we concluded that on the United States Supreme Court there was “a slim, but solid, First Amendment majority.” Our…
PrawfsBlawg
Departmentalism and virtue signalling
Main Wednesday, November 18, 2020Departmentalism and virtue signallingA mini controversy erupted at Northern Iowa in October, when the student government refused to recognize a chapter of Students for Life, calling…
Religion Clause
Recent Articles and Publications of Interest
From SSRN:Suzanne A. Kim, Commentary on Burwell v. Hobby Lobby, (in Feminist Judgments: Reproductive Justice Rewritten (Kimberly Mutcherson ed., 2020).Ihsan Yilmaz, Erdoğanism’s Undesired Citizens, (August 21, 2020).Meghan J. Ryan, Framing…
Human Rights at Home Blog
Even Justice Alito Incites Alarm
Many are using their time to contain irrational fears, dispel misconceptions stoked through the presidential campaign, and bridge the national political divide. Calming fears seems to be the most humane…
ImmigrationProf Blog
Read a Protest Poem, Get Arrested by ICE? Ninth Circuit to Hear Arguments in First Amendment Case of Retaliatory Removal
Repeated claims have been made that Immigration and Customs Enforcement is targeting immigrant activists for enforcement activities. See here, here, here.Next Tuesday, Jordan Wells of the ACLU Southern California will…
PrawfsBlawg
Retaliation or Evidence?
Main Friday, November 13, 2020Retaliation or Evidence?A weird case from MD Fla: The owner of an indoor farmer's market, a vocal opponent of masks, sues over enactment and enforcement of…
Ogletree Deakins Insights
Sixth Circuit Backs Termination of Public Employee for Racially Derogatory Social Media Post on 2016 Presidential Election
By Publisher, Samuel H. Ottinger
On October 6, 2020, in Bennett v. Metropolitan Government of Nashville, No. 19-5818, the U.S. Court of Appeals for the Sixth Circuit reversed a district court’s decision in favor of…
School Law
CAS Legal Mailbag Question of the Week – 11/5/20
Dear Legal Mailbag: I know that we are going through a tough time right now with the COVID surge. However, I am an optimist by nature, and I am looking…
Paul W. Mollica Federal Courts Blog
Supreme Court Holds That Fifth Circuit Should Have Certified State-Law Question to Louisiana’s High Court, Rather Than Decide First Amendment Question
In Mckesson v. Doe, No. 19-1108 (U.S. Nov. 2, 2020) (per curiam), the Supreme Court vacated a controversial ruling of the Fifth Circuit, holding that Louisiana tort law recognized a…
Texas Bar Blog
Understanding the Texas Citizen Participation Act
By Amy Bresnen, Lisa Kaufman, Steve Bresnen
A comprehensive new law review article just published in the St. Mary’s Law Journal covers the Legislature’s substantial changes to the Texas Citizen Participation Act, or TCPA. Authored by participants…