The First Amendment
[Essay]I remember digging through my father’s WWII footlocker, where he had mementos from his time in the service. In it were copies of the VE and VJ Day editions of Stars and Stri...
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[Essay]I remember digging through my father’s WWII footlocker, where he had mementos from his time in the service. In it were copies of the VE and VJ Day editions of Stars and Stri...
Some constitutional victories arrive with trumpets. Others arrive quietly in a case the press has decided not to love, for a journalist many would rather not defend. Democracy Part...
In 1968, at the height of the Vietnam War, 19-year-old Paul Cohen walked through the Los Angeles County Courthouse wearing a jacket with a four-letter negative opinion about the mi...
Some short excerpts from the >35K-word decision by Judge Noël Wise (N.D. Cal.) in Stanford Daily Pub. Corp. v. Rubio:… The post First Amendment Broadly Protects Against Speech-B...
From today's Complaint in ABC, Inc. v. FCC (D.D.C.): Government censorship is deeply un-American. That fundamental principle predates the Republic,… The post ABC's First Amendment...
The 4th U.S. Circuit Court of Appeals ruled that Virginia vanity plates are private speech protected under the First Amendment, not government speech. The post Vanity plates protec...
The Fourth Circuit considers "a question that has divided ... courts ...: whether the character combinations on personalized license plates ... are government speech or private spe...
Some excerpts from today's long opinion by Judge Joseph Dawson, III (D.S.C.) in Lemoine v. Horry Georgetown Tech. Coll.: On… The post Suspending College Student for Saying Man Who...
The First Amendment is 45 words long, and for most of American history nobody was entirely sure what they meant. The Supreme Court did not squarely apply the Free Speech Clause aga...
The Sixth Circuit decides there's no need for abstention when the school refuses to do anything. The post Circuit Revives Kentucky Law Professor’s First Amendment Suit Over Israel...
In the U.S., government officials aren’t allowed to fight ideas they don’t like with censorship.
In Merriott v. City of Bossier City, the Fifth Circuit Court of Appeals held that a city’s “decorum” policy for city meetings violated the First Amendment because it was overly bro...
Two US-based advocacy groups sued President Donald Trump’s administration on Wednesday, alleging that sanctions imposed by Trump on members of the International Criminal Court (ICC...
Tal Fortgang, Civitas Outlook Few House Committee on Education and the Workforce hearings are as memorable as one in December 2023, and readers will immediately recall the recurri...
Bradley Smith writes for National Review Online about the importance of protecting political speech. Here’s a thought experiment: What percentage of your fellow citizens would have...
From today's decision in Massimino v. Benoit, written by Judge Myrna Pérez and joined by Sarah Merriam: We begin by… The post Second Circuit Joins Courts That Recognize First Amend...
In the United States, it is legal to film in a public space. Photographers, especially those working in the media, know about this First Amendment right. [Read More]
So the Fifth Circuit held a few weeks ago.
Kansas City, Kansas firefighters have filed suit claiming the Unified Government of Wyandotte County and Kansas City, Kansas violated their First Amendment rights by prohibiting th...
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