Topic
first amendment
2,545 published works
The Right Coast
Nick Sandmann: ACLU Official Attacks University for Accepting ‘Provocateur in Training’ | National Review
An ACLU Kentucky communications associate criticized Transylvania University on Saturday for accepting Nick Sandmann, the high school student who sued major news outlets for their coverage of a controversial interaction…
Simple Justice
Facebook Allows Only Guilty Talk
No, it’s not a violation of anyone’s First Amendment rights. It’s Facebook. They can make their own rules, and they have. When it comes to Kyle Rittenhouse, who wounded one…
Paul W. Mollica Federal Courts Blog
District Court Abused Its Discretion by Failing to Appoint Counsel for Minor Child in First Amendment Case, Holds Eighth Circuit
In Crozier v. Westside Community School Dist., No. 19-1312 (8th Cir. Sept. 2, 2020), the Eighth Circuit reaffirmed the general rule that parents may not represent their minor children pro…
PrawfsBlawg
Universality, facial invalidity, and the First Amendment
Main Thursday, September 03, 2020Universality, facial invalidity, and the First AmendmentI am a couple of days late to this Third Circuit decision declaring invalid as-applied, but not facially, the age-verification,…
Nonprofit Law Prof Blog
ACLU’s David Cole: The NRA has a Right to Exist
In response to the New York Attorney General's suit seeking dissolution against the National Rifle Association, David Cole (Legal Director, ACLU) penned a Wall Street Journal op-ed (paywall) entitled "NRA…
PrawfsBlawg
3d Circuit reveals division on union clawbacks
Main Friday, August 28, 20203d Circuit reveals division on union clawbacksAfter Janus v. AFSCME declared invalid union agency-fee statutes as violative of the First Amendment , the next question became…
PrawfsBlawg
Bad Legal Takes and the writ of erasure fallacy
Main Thursday, August 27, 2020Bad Legal Takes and the writ of erasure fallacyModerate Mentality reminds us that the federal flag-desecration law remains on the books, because a decision declaring a…
PrawfsBlawg
Nomenclature and judicial review (Updated)
Main Tuesday, August 25, 2020Nomenclature and judicial review (Updated)The erroneous nomenclature that courts use in describing constitutional review contributes to common misunderstanding. Case in point: The Fourth Circuit decision affirming…
Municipal Minute
President Trump Appeals Twitter Case to the U.S. Supreme Court
Last Thursday, President Trump filed a petition for leave to appeal asking the U.S. Supreme Court to overturn a previous ruling by an appeals court that found his actions in…
Municipal Minute
President Trump Appeals Twitter Case to the U.S. Supreme Court
Last Thursday, President Trump filed a petition for leave to appeal asking the U.S. Supreme Court to overturn a previous ruling by an appeals court that found his actions in…