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 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...
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...
So the Fifth Circuit held a few weeks ago.
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...
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 Fourth Circuit considers "a question that has divided ... courts ...: whether the character combinations on personalized license plates ... are government speech or private spe...
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...
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...
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...
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...
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...
From 1 Community Compact v. City of Fresno, decided Friday by California Court of Appeal Justice Jennifer Detjen, joined by… The post Renaming Streets "Cesar Chavez Boulevard" Didn...
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...
In the U.S., government officials aren’t allowed to fight ideas they don’t like with censorship.
From Interfaith Alliance v. Trump, decided Monday by Judge John Cronan (S.D.N.Y.): [A.] [T]he Federal Advisory Committee Act ("FACA") …… The post Court Rejects Lawsuit Alleging Rel...
Part of a Knight First Amendment Institute Symposium on Managing Government Employee Speech in a Democracy, which the Journal is publishing.
“The First Amendment does not allow government officials to shut down speech simply on account of it being ‘offensive,’” says a legal expert at FIRE.
So the Third Circuit held yesterday, though it left room for challenges to laws that make it too hard to get cross-licensed from one state to another.
An online influencer with a penchant for criticizing and lampooning the Trump administration sued the federal government for blocking her from attending a public event where Vice P...
Mayday Health runs a website that provides various information about abortion pills. South Dakota law provides, in relevant part, No… The post Site Linking to Abortion-Pill-Selling...
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...
The decision goes further than other similar recent rulings.
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