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first amendment
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Is the TCPA Unconstitutional and Other Controversies Percolating in the Courts
By Sarah Zielinski, Amy Starinieri Gilbert
The global pandemic has not prevented courts from addressing a host of controversial TCPA topics, starting with the biggest controversy of all: whether the Telephone Consumer Protection Act itself is…
PrawfsBlawg
Thoughts on the Twitter EO (Updated to include final Order)
Main Thursday, May 28, 2020Thoughts on the Twitter EO (Updated to include final Order)Thoughts on the final new EO.1) It cites Packingham and Pruneyard to support the proposition that social…
Religion Clause
Settlement In Suit Against Georgia City By Anti-Gay Preacher
In Georgia, the Athens-Clarke County Commission has agreed to pay $25,000 in settlement of a lawsuit brought by an anti-LGBT street preacher who was escorted out of the 2019 Athens Pride…
The Right Coast
Trump Finds His Pay Grade
Now we know why it s the President who gets paid the big bucks it s the First Amendment. That epiphany struck in the wake of President Trump s declaration…
Religion Clause
Local Wisconsin COVID-19 Orders Challenged On 1st Amendment Grounds
A lawsuit was filed this week in a Wisconsin federal district court against ten local public health officers and a number of other local and state officials seeking to prevent…
Media Law Prof Blog
Cornell Law School’s First Amendment Clinic Opens Applications for Position of Local Journalism Attorney @CornellLaw
Cornell University Law School's First Amendment Clinic is accepting applications for the new position of Local Journalism Attorney. The attorney, based in New York City, will have primary responsibility for…
Consumer Class Defense Blog
To Sever or Not to Sever: Supreme Court Grapples With Political Consultants’ First Amendment TCPA Challenge
By Jordan Vick, Jasmine Stanzick, Seyfarth Shaw LLP
Seyfarth Synopsis: On May 6, 2020, the Supreme Court heard oral arguments on a First Amendment challenge to a 2015 amendment to the TCPA, which exempted calls regarding debts owed…
The Faculty Lounge
James Madison and Citizens United
I have posted to SSRN my new article, which is titled "James Madison, Citizens United, and the Constitutional Problem of Corruption." The American University Law Review is publishing it this…
State AG Insights
Maura Healey’s COVID-19 Debt Collection Ban Struck Down
Last week, a federal judge blocked the enforcement of Massachusetts regulations that temporarily restrict debt collection practices during COVID-19. According to the judge, the regulations violate the First Amendment rights…
Constitutional Law Prof Blog
High Court Says Ninth Circuit Impermissibly Ruled Beyond Issues in Case
Steven D. Schwinn, UIC John Marshall Law SchoolThe Supreme Court ruled today in United States v. Sineneng-Smith that the Ninth Circuit overstepped when it invited amici to brief, and then ultimately…