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First Amendment

2694 ABA Journal First Amendment articles.

Mandatory bar violated lawyer’s association rights, but remedy ‘need not be drastic,’ 9th Circuit says

A federal appeals court ruled this week that a lawyer’s mandatory membership in the Oregon State Bar violated his freedom-of-association rights because its magazine published statements that criticized former President Donald Trump and implied that the membership agreed.

Aug 29, 2024 11:27 AM CDT

2nd Circuit cites push notifications to jurors as one reason why Sarah Palin deserves new defamation trial

Former Alaska Gov. Sarah Palin, a Republican, is entitled to a new trial in her defamation case against the New York Times, partly because a jury finding of no liability was marred by push notifications received by jurors, a federal appeals court ruled Wednesday.

Aug 28, 2024 2:54 PM CDT

8th Circuit allows Iowa book ban to take effect but rules for challengers on First Amendment issue

A federal appeals court on Friday allowed an Iowa law to take effect that polices books in school libraries, saying a federal judge who blocked the law erred in his analysis.

Aug 14, 2024 3:32 PM CDT

1st Circuit rules against Satanic Temple in challenge to city council snub

The Boston City Council’s failure to invite the Satanic Temple to deliver an invocation before its meetings did not violate the First Amendment, a federal appeals court ruled Tuesday.

Aug 7, 2024 3:07 PM CDT

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

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