Topic
first amendment
2,545 published works
Media Law Prof Blog
Call For Applications, First Amendment Fellow: Sandra Day O’Connor College of Law, Arizona State University @ASUCollegeofLaw
The Sandra Day O'Connor College of Law at Arizona State University is accepting applications for the Stanton First Amendment Fellow for its First Amendment Clinic. The full-time position begins August…
The Trademark Blog
First Amendment
State University of New York v Fox., 492 U.S. 469 (1989) (in determining whether speech is commercial or noncommercial under Bolger, is the noncommercial and commercial inextricably intertwined)
Law Trends
First Amendment Beats Trademark Rights Three Times in One Day
By Bob Cumbow, Brian Esler, Leila Javanshir
Trademarks protect against consumer confusion. But the First Amendment protects speech even when it may result in some confusion. When these two principles intersect, trademark holders may be surprised to…
SWIPLit Blog
Ninth Circuit Holds “Bad Spaniels” Dog Toy Is an “Expressive Work”
By Anne Bolamperti and David G. Barker The Ninth Circuit Court of Appeals recently held in VIP Products LLC v. Jack Daniel’s Properties, Inc. that the “Bad Spaniels” dog toy…
Religion Clause
Supreme Court Denies Review In Bus Ad Case
The U.S. Supreme Court today denied certiorari in Archdiocese of Washington v. Washington Metropolitan Transit Authority, (Docket No. 18-1455, cert. denied 4/6/2020). (Order List [scroll to end]). In the case, the…
Gender and the Law Prof Blog
Sex Segregation and Economic Opportunity in the Supreme Court’s Decision in Roberts
By Tracy Thomas
Elizabeth Sepper, Sex Segregation, Economic Opportunity, and Roberts v. U.S. Jaycees, 28 William & Mary Bill of Rights J. (2020) This symposium on the intersections, synergies, and conflicts between rights largely…
Religion Clause
10th Circuit Reverses Dismissal Of Inmate’s 1st Amendment Claims
In Khan v. Barela, (10th Cir., March 26, 2020), the U.S. 10th Circuit Court of Appeals in a 35-page opinion reversed a New Mexico federal district court's sua sponte dismissal of…
Religion Clause
Student Who Objects To Reciting Pledge May Move Ahead On Compelled Speech Claim Against Teacher
In Oliver v. Klein Independent School District, (SD TX, March 25, 2020), a Texas federal district court, while dismissing a number of plaintiff's claims, allowed a high school student to move ahead…
SDNY Blog
Judge Schofield: Claims Over White House Revocation of Press Credentials and Security Clearances May Proceed
Yesterday, Judge Schofield ruled that a claim for declaratory relief to prevent the White House and President Donald Trump from revoking or threatening to revoke White House press credentials could…
Simple Justice
Professor Michael Curtis’ Fighting Words
Michael Curtis was the valedictorian of his class at University of the South in 1964. He received his J.D. with honors from the University of North Carolina in 1969. He…