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First Amendment

2694 ABA Journal First Amendment articles.

10th Circuit upholds sanctions for lawyers who filed election suit on behalf of every US voter

A federal judge had the inherent power to order sanctions against two lawyers for their lawsuit alleging that a voting machine company, Facebook and other defendants violated the constitutional rights of every person registered to vote in the 2020 presidential election.

Dec 14, 2022 3:37 PM CST

Supreme Court will consider ban on encouraging illegal immigration in case of ‘adult adoption’ promoter

The U.S. Supreme Court agreed Friday to consider the constitutionality of a law making it a crime to encourage or induce illegal immigration for commercial advantage or private financial gain.

Dec 12, 2022 2:18 PM CST

Law students and professor who oppose same-sex marriage settle speech case with school

A First Amendment action brought against the University of Idaho by Christian Legal Society members who believe the Bible rejects same-sex marriage has settled for $90,000.

Dec 12, 2022 1:24 PM CST

Suspended lawyer can’t reveal what happened to missing wife of former client, appeals court says

An Illinois appeals court has upheld a gag order preventing suspended lawyer Joel A. Brodsky from revealing what happened to the missing fourth wife of a former client.

Dec 8, 2022 11:15 AM CST

Law prof sues over New York law requiring bloggers and websites to address online hate speech

A blogging law professor is a plaintiff in a lawsuit claiming that a New York law pressures bloggers and websites to remove hate speech that is protected by the First Amendment.

Dec 6, 2022 12:42 PM CST

Federal appeals court considers whether driver has right to livestream traffic stop on Facebook

A federal appeals court is considering whether a Black man who says he broadcasts his interactions with police for his protection had the right to livestream a traffic stop on Facebook.

Dec 6, 2022 9:26 AM CST

Supreme Court majority seems ready to rule for web designer who won’t make websites for same-sex weddings

A conservative majority of the U.S. Supreme Court appeared Monday to support a web designer who refuses to create custom websites for same-sex weddings because of religious objections.

Dec 5, 2022 4:12 PM CST

Is designer’s refusal to create website for same-sex wedding free speech or illegal discrimination?

The case of 303 Creative v. Elenis is about whether the Colorado Anti-Discrimination Act violates the First Amendment free speech rights of Lorie Smith and her wholly owned design firm.

Dec 1, 2022 3:36 PM CST

Chemerinsky: An important week of arguments in the Supreme Court

Next Monday and Wednesday, the Supreme Court will hear oral arguments in two of the most important cases of the term. Each could have enormous implications for future litigation and for constitutional law.

Dec 1, 2022 9:20 AM CST

State laws targeting social media platforms face First Amendment challenges

Social media platforms say they have a First Amendment right to curate content and should not be compelled to host content that they don’t want. But supporters of laws in Florida and Texas regulating social media platforms say the measures are necessary to avoid what they term “Big Tech” or “Silicon Valley” censorship.

Dec 1, 2022 1:00 AM CST

7th Circuit rejects First Amendment challenge to Indiana fetal-remains law

A federal appeals court has rejected a First Amendment challenge to an Indiana law requiring abortion providers to dispose of fetal remains by burial or cremation or to give the remains to patients to dispose of as they please.

Nov 30, 2022 3:00 PM CST

SCOTUS legal counsel defends Alito dinner with evangelical couple, says leak report is ‘uncorroborated’

The legal counsel for the U.S. Supreme Court is defending Justice Samuel Alito’s ethics following a report from the New York Times alleging that one of the justice's dinner companions later passed along information about the outcome of an upcoming Supreme Court decision to an anti-abortion crusader.

Nov 30, 2022 9:22 AM CST

Supreme Court will hear Jack Daniel’s appeal over parody dog toy ‘Bad Spaniels’

The U.S. Supreme Court has agreed to decide whether a parody dog toy called “Bad Spaniels” is entitled to protection from trademark infringement and dilution-by-tarnishment claims by Jack Daniel’s Properties Inc.

Nov 28, 2022 8:42 AM CST

‘We’re just mean people’ excuse fails to persuade Texas court on sanctions

A Texas appeals court has rejected a lawyer’s argument that his colleague can’t be sanctioned for “aggressive and even unkind” comments if there was no interference with justice and “we’re just mean people.”

Nov 22, 2022 9:08 AM CST

Federal judge blocks Florida’s ban on ‘woke’ instruction by public universities

A federal judge in Florida has barred Florida education officials from enforcing provisions in a law that ban advancement of critical race theory by professors at public colleges and universities.

Nov 18, 2022 11:55 AM CST

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