Topic
first amendment
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PrawfsBlawg
Appellate argument (and law school), encapsulated (Updated)
Main Friday, January 31, 2020Appellate argument (and law school), encapsulated (Updated)From the Sixth Circuit argument in Higgins v. Kentucky Sports Radio, a lawsuit brought by a college referee who was…
Tax Controversy Posts
The Establishment Clause Meets the Anti-Injunction Act
The First Amendment provides that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” U.S. Const., amend. I.Churches qualify for an exemption from…
Consumer Finance Monitor
SCOTUS agrees to decide whether TCPA exception for calls to collect government debts violates First Amendment
The U.S. Supreme Court has agreed to decide whether the Telephone Consumer Protection Act’s exception from its automated call restriction for calls to collect government debts violates the First Amendment…
Simple Justice
Your Cause, His Life
One of the two UConn students who was arrested for saying the “n-word” in a parking lot at night has cut a deal. A judge on Tuesday accepted Jarred Karal’s…
Constitutional Law Prof Blog
SCOTUS Will Hear First Amendment Challenge to Federal Robo-Call Law
Professor Ruthann Robson, City University of New York (CUNY) School of LawThe United States Supreme Court granted certiorari in Barr v. Political Consultants involving a First Amendment challenge to a…
Libation Law Blog
Cannabis dispensary settles claims following First Amendment win over state restrictions on providing information and participating at State event.
Several months ago, medical marijuana dispensary operator, Ultra Health, won its case against the State of New Mexico for New Mexico’s odd actions in attempting to restrict how and what…
Libation Law Blog
In blow to three-tier restrictions, 8th Circuit rules state alcohol advertising laws violate the First Amendment.
We called this a while back for the broadcasters, producers, and distributors challenging Missouri’s restrictions on alcohol advertising contained in the state’s three-tier “of value” and tied-house laws and regulations. …
Product Liability & Mass Torts Blog
You Can’t Make Me Say It: Does <em>Becerra</em> Make it Harder for the Government to Require Product Health Warnings?
By Trevor M. Jorgensen, Jill Berry
A U.S. Supreme Court ruling from last summer may have changed the trajectory of a high-profile pending commercial speech case. In National Institute of Family and Life Advocates v. Becerra,…
Drug & Device Law
FDA – If You Can’t Beat ‘Em, Join ‘Em
By Bexis
If there has been one regulatory constant over the years, it has been the FDA’s persistent position that off-label promotion is bad and that companies that engage in it are…
Rocky Mountain Sign Law Blog
Ninth Circuit Finds That Permit Requirement For Bullhorns Violates First Amendment
[caption id="attachment_2682" align="alignright" width="320"] A marine mammal swims at Six Flags in Vallejo, California. Source: San Francisco Chronicle.[/caption] Last week, the federal Ninth Circuit Court of Appeals found that Vallejo,…