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First Amendment

2691 ABA Journal First Amendment articles.

Supreme Court rejects Missouri’s suit seeking to delay Trump sentencing in New York case

The U.S. Supreme Court on Monday rejected Missouri’s motion to file an original jurisdiction lawsuit contending that the conviction of former President Donald Trump in the hush-money election-interference case in New York undermines his ability to campaign and violates state residents’ First Amendment right to hear from him.

Aug 6, 2024 11:33 AM CDT

Ten Commandments displays should not be required in public school classrooms, ABA House says

The ABA’s House of Delegates overwhelmingly agreed at its annual meeting Monday to oppose legislation permitting or requiring the display of the Ten Commandments in public schools and to urge the repeal of such laws already in place.

Aug 5, 2024 1:16 PM CDT

DC Circuit rules for PETA in First Amendment challenge to agency’s social media comment filters

The National Institutes of Health violated the First Amendment when it used keyword filters that blocked Facebook and Instagram comments that criticized animal testing, a federal appeals court has ruled.

Jul 31, 2024 2:45 PM CDT

6th Circuit refuses to block school’s pronoun policy; dissent makes belief-in-ghosts comparison

A federal appeals court has refused to block a school policy banning the misgendering of transgender students.

Jul 30, 2024 2:31 PM CDT

Punishing first grader for ‘Black Lives Mater’ drawing violates First Amendment, appeal argues

A California school district violated the First Amendment when it punished a first grader who drew a picture for her friend with the phrases “Black Lives Mater" and "any life” written on it, the Pacific Legal Foundation has argued in an appellate brief.

Jul 25, 2024 2:31 PM CDT

Lawyer gets stayed suspension after response to one-star review; is ‘offensive personality’ a violation?

An Indiana lawyer has received a 30-day stayed suspension in an ethics case that raised this issue: Can a lawyer be sanctioned for an “offensive personality”?

Jul 24, 2024 9:21 AM CDT

Federal prosecutor facing discipline for altering video evidence against anti-Trump protesters

A federal prosecutor who allegedly edited videos to use as evidence in criminal cases involving anti-Trump protesters in 2017 is now facing disciplinary charges.

Jul 18, 2024 8:30 AM CDT

Chemerinsky: SCOTUS term reveals deeply divided justices frustrated with one another

At times, some have referred to the Supreme Court as “nine scorpions in a bottle.” That metaphor seems especially appropriate this year, though I would describe them as “nine angry scorpions in a bottle.” There is a strong sense that it is a deeply divided court. There were a total of 59 opinions, and 23 were 6-3 and another five were 5-4.

Jul 3, 2024 8:44 AM CDT

Law requiring proof of age to access online adult content will get Supreme Court review

The U.S. Supreme Court agreed Tuesday to consider what standard should be used to evaluate the constitutionality of a Texas law that requires proof of age to access websites with pornography and other adult content.

Jul 2, 2024 12:35 PM CDT

States can’t regulate social media platforms to achieve ‘speech nirvana,’ Supreme Court says

The U.S. Supreme Court on Monday favored the First Amendment rights of social media companies to moderate content in a decision that sent two cases back to lower courts for more analysis.

Jul 1, 2024 10:25 AM CDT

Suit filed against Louisiana law requiring Ten Commandments in classrooms

A coalition of groups filed a lawsuit Monday against the state of Louisiana’s new requirement to post the Ten Commandments in every school classroom, claiming parents’ rights are violated by the new law.

Jun 26, 2024 10:00 AM CDT

5th Circuit ‘glossed over complexities,’ Supreme Court says in refusing to curb US social media contacts

Two states and five social media users don’t have standing to sue U.S. officials for allegedly pressuring social media companies to curb protected speech, the U.S. Supreme Court ruled Wednesday.

Jun 26, 2024 9:49 AM CDT

SCOTUS could be next stop after top Oklahoma court rules on state-funded religious school

A contract providing for state funding of an online Catholic charter school violates the First Amendment’s establishment clause, the Oklahoma Constitution and a state law governing charter schools, the Oklahoma Supreme Court ruled Tuesday.

Jun 25, 2024 3:29 PM CDT

5th Circuit rejects nationwide injunction in challenge to task force’s insurer mandates

A task force that issued preventive care mandates for insurance companies under the Affordable Care Act had “unreviewable power” that violated the Constitution, a federal appeals court has ruled.

Jun 25, 2024 1:02 PM CDT

Law students support free speech but want LSAT and bar exams gone, new survey says

The vast majority of law students support free speech, and more than half say the LSAT and bar exams must go, according to a new survey released by the Buckley Institute at Yale University.

Jun 25, 2024 11:34 AM CDT

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