Topic
first amendment
2,545 published works
Religion Clause
6th Circuit: Bus Ad Ban Is Unconstituitonal
In American Freedom Defense Initiative v. Suburban Mobility Authority for Regional Transportation (SMART), (6th Cir., Oct. 23, 2020), the U.S. 6th Circuit Court of Appeals held unconstitutional a Detroit public transit…
Understanding the ADA
Public Schools Ability to Regulate Off-campus Speech in the Digital Age
We now have a new Associate Justice on the United States Supreme Court, Amy Coney Barrett. For those interested in how she might rule on disability rights matters, see this…
Libation Law Blog
Beer, wine, and liquor trade groups come out of the woodwork to file amicus petition to stomp expansive First Amendment protections and keep Bad Spaniel‘s from making their Jack Daniel’s parody dog toys. Bonus: we’ve got the briefs for you.
You’ll remember the fun of the 9th Circuit opinion in the VIP Products v. Jack Daniel’s case from back in April where the 9th Circuit reversed a finding in favor…
Criminal
Louisiana Supreme Court declares state statute requiring persons to carry ID branded with “SEX OFFENDER” violative of First Amendment
I am grateful to a reader for making sure I did not miss the ruling yesterday of the Supreme Court of Louisiana in Louisiana v. Hill, No. 2020-KA-00323 (La. Oct.…
Sentencing Law and Policy
Louisiana Supreme Court declares state statute requiring persons to carry ID branded with "SEX OFFENDER" violative of First Amendment
I am grateful to a reader for making sure I did not miss the ruling yesterday of the Supreme Court of Louisiana in Louisiana v. Hill, No. 2020-KA-00323 (La. Oct.…
Religion Clause
Amy Coney Barrett’s Views On 1st Amendment Religion Issues Examined
Tuesday was Day 2 of the hearings on Amy Coney Barrett's nomination for the U.S. Supreme Court. Don Byrd at BJC has posted video clips of the exchanges between Barrett…
Media Law Prof Blog
Driver on Freedom of Expression within the Schoolhouse Gate @YaleLawSch
Justin Driver, Yale Law School, is publishing Freedom of Expression within the Schoolhouse Gate in volume 75 of the Arkansas Law Review. Here is the abstract.This Article examines the history…
California Public Agency Labor & Employment Blog
Face It, Face Covering Policies Do Not Muzzle First Amendment Rights
By Guest Author
Masks and face coverings have become part of the “new normal” for everyday life since the coronavirus pandemic began. As worksites continue to reopen across California, public employers have implemented…
New Jersey Law Blog
Battle of the Empires: Permissive Trademark Infringement in Creative Works
By Gene Markin
After the debut of hit show Empire, record label Empire Distribution asserted trademark infringement counterclaims against Twentieth Century Fox Television, who sought a declaratory judgment that its television show and…
Constitutional Law Prof Blog
Supreme Court to Hear First Amendment Challenge to Political Balancing Requirements for State Courts
Steven D. Schwinn, University of Illinois Chicago Law SchoolThe Supreme Court will hear oral arguments tomorrow, the opening day of October Term 2020, in Carney v. Adams. The case tests…