First Amendment

Tennessee can continue ban on absentee ballot distribution, 6th Circuit says

A split federal appeals court last week rejected a free speech challenge to a Tennessee law that limits the distribution of absentee ballot applications.

Oct 11, 2023 8:46 AM CDT

Racist remarks about Obamas didn’t constitute workplace harassment, appeals court rules

A Black nurse who heard her white co-workers make racist statements about the Obamas and about their patients did not establish a hostile-work-environment claim, a federal appeals court has ruled.

Oct 10, 2023 10:13 AM CDT

Lawyer’s social media posts about shooting protesters are protected by First Amendment, bar court judge rules

A lawyer’s social media posts calling for the shooting of Black Lives Matter protesters were "unbecoming of an attorney," but they were protected by the First Amendment, a California bar court judge has ruled.

Oct 4, 2023 12:46 PM CDT

Justices drop ‘respectfully’ in some dissents, but SCOTUS rancor is tamer than in past

The usual phrase used by U.S. Supreme Court dissenters is “I respectfully dissent.” But some justices dropped “respectfully” in major dissents last term and in their joint dissent in the 2022 Supreme Court decision overturning the right to abortion.

Oct 3, 2023 12:06 PM CDT

Supreme Court to consider laws that block social media from removing certain content and users

The U.S. Supreme Court on Friday agreed to decide the constitutionality of laws in Florida and Texas that prevent large social media companies from banning political candidates or restricting content based on viewpoint.

Sep 29, 2023 2:00 PM CDT

Lawyers avoid mandatory religious liberty instruction, for now

Lawyers for Southwest Airlines didn’t have to attend religious liberty training Tuesday as a result of a temporary administrative stay granted by the 5th U.S. Circuit Court of Appeals at New Orleans.

Sep 26, 2023 3:50 PM CDT

School must recognize Christian student club with anti-same-sex-marriage affirmation, en banc appeals court says

An en banc federal appeals court has ordered a California school district to reinstate a Fellowship of Christian Athletes club that was not recognized because of its required anti-same-sex-marriage affirmation for student leaders.

Sep 18, 2023 8:19 AM CDT

22% of Americans think First Amendment protects gun rights, says poll released before Constitution Day

Seventy-seven percent of surveyed Americans were able to recall that the First Amendment protects freedom of speech, but less than half were able to name other rights protected by that amendment.

Sep 15, 2023 11:20 AM CDT

Justice Alito temporarily blocks curbs on Biden administration’s communications with social media

U.S. Supreme Court Justice Samuel Alito on Thursday temporarily blocked an injunction that curbed the Biden administration’s communications with social media.

Sep 15, 2023 9:45 AM CDT

State can’t rely on ‘gossamers of speculation’ to justify ban on gun marketing to minors, 9th Circuit says

A law that bans truthful firearms advertising that appeals to minors should be blocked, a federal appeals court has ruled.

Sep 14, 2023 1:29 PM CDT

Ginni Thomas’ work with conservative activists led to movement that helped overturn precedent

The conservative legal movement gained ground after the U.S. Supreme Court struck down restrictions on independent campaign spending by corporations in the 2010 Citizens United v. Federal Election Commission ruling.

Sep 12, 2023 8:15 AM CDT

US pressure on social media over misinformation likely unconstitutional, 5th Circuit says

Updated: The U.S. government likely violated the First Amendment by pressuring social media companies to block COVID-19 misinformation and other content, a federal appeals court ruled Friday.

Sep 11, 2023 10:42 AM CDT

Federal appeals court tosses lawyer’s challenge to anti-bias ethics rule

A Pennsylvania lawyer does not have standing to challenge a state ethics rule banning discrimination and harassment in the practice of law, a federal appeals court has ruled.

Aug 31, 2023 8:55 AM CDT

Onetime SCOTUS contender sues judicial conduct commission, alleging bid to stifle criticism

A North Carolina justice who was once a U.S. Supreme Court contender is alleging that ethics regulators in her state are chilling her First Amendment right to free speech.

Aug 30, 2023 10:43 AM CDT

Chemerinsky: These recent Supreme Court decisions have sparked a wave of litigation

The U.S. Supreme Court’s October 2022 term ended just a couple of months ago, but it’s already apparent that the decisions are leading to a great deal of litigation. What are the major issues left open by the cases that are likely to be litigated in state and federal courts?

Aug 30, 2023 8:17 AM CDT