First Amendment

Supreme Court rules for group seeking to fly Christian flag at Boston City Hall; Gorsuch takes bite at Lemon

The city of Boston violated the First Amendment rights of a Christian group when it refused to allow it to fly its flag outside the city hall, the U.S. Supreme Court ruled Monday.

May 2, 2022 11:24 AM CDT

ACLU lawyers reviewed op-ed that led to Johnny Depp’s defamation claim, its GC testifies

Several lawyers with the American Civil Liberties Union reviewed the Washington Post op-ed by actress Amber Heard that led to actor Johnny Depp’s defamation lawsuit against her, according to testimony by the organization’s general counsel last week.

May 2, 2022 8:44 AM CDT

Infowars host’s lawyer says the N-word in a dropped-pants comedy routine; should he face discipline?

A Connecticut-based branch of Black Lives Matter is calling for the suspension of a criminal defense lawyer who dropped his pants and used the N-word in a comedy routine.

May 2, 2022 8:43 AM CDT

Chemerinsky: SCOTUS clarifies First Amendment debate over content regulation of signs

For decades, a central inquiry in free speech analysis has been whether government regulation is content-based or content-neutral. Content-based government regulations of speech generally must meet strict scrutiny. To be constitutional, they must be narrowly tailored to achieve a compelling government purpose. By contract, content-neutral regulations have only to meet intermediate scrutiny, being substantially related to achieve an important government purpose.

May 2, 2022 8:41 AM CDT

4th Circuit upholds restrictions on lawyer ads seeking drug and device clients

A federal appeals court has upheld West Virginia’s restrictions on lawyer advertising that seeks clients for litigation involving medication and medical devices.

Apr 29, 2022 11:43 AM CDT

Gorsuch and Kavanaugh sour on Lemon endorsement test in praying football coach case

During oral arguments Monday in the case of a praying football coach, U.S. Supreme Court Justices Neil Gorsuch and Brett Kavanaugh appeared ready to abandon a Lemon endorsement test in establishment clause cases.

Apr 26, 2022 1:30 PM CDT

Weekly Briefs: Prof gets $400K settlement in pronoun case; panic-attack firing leads to $450K verdict

Prof who refused to use preferred pronouns gets $400K settlement Shawnee State University in Ohio has agreed to pay philosophy professor Nicholas Meriwether $400,000 and to rescind a written warning that he received for refusing to use a transgender student’s preferred pronouns. The settlement was reached more than a year…

Apr 22, 2022 2:23 PM CDT

University’s ban on ‘discriminatory harassment’ likely violates the First Amendment, 11th Circuit says

A federal appeals court has ruled that the University of Central Florida’s ban on speech constituting “discriminatory harassment” likely violates the First Amendment.

Apr 22, 2022 11:27 AM CDT

Supreme Court rules for Austin, Texas, in digital billboard case; First Amendment inquiry isn’t over

The U.S. Supreme Court gave the city of Austin, Texas, an initial win Thursday in a challenge to its sign restriction allowing digital billboards on business property but not off premises.

Apr 22, 2022 9:05 AM CDT

Supreme Court considers whether high school football coach has right to pray on the field

The case of Kennedy v. Bremerton School District arrives at a U.S. Supreme Court dominated by conservatives who have shown special solicitude to religious liberty claims in recent years.

Apr 21, 2022 11:11 AM CDT

Lawyer who yelled profanities at judge at bar association party gets stayed suspension

An Ohio lawyer has received a stayed six-month suspension for alcohol-related conduct, including a profane outburst directed at a judge during a holiday party.

Apr 19, 2022 11:07 AM CDT

Supreme Court allows US to discipline military officer who saw ‘sacramental quality’ in vaccine mandate

The U.S. Supreme Court on Monday allowed the government to discipline a lieutenant colonel in the Air Force Reserve while he appeals his vaccine refusal case.

Apr 19, 2022 9:30 AM CDT

Deputy who witnessed ‘skivvies’-clad colleague baptize woman after traffic stop can’t escape suit, federal judge rules

A woman who claims that she allowed a “skivvies”-clad Tennessee sheriff’s deputy to baptize her based on his promise of leniency can continue to pursue her lawsuit against another deputy who witnessed the “desacralized rite,” a federal judge has ruled.

Apr 13, 2022 1:18 PM CDT

GOP opposition blocks bill to name federal courthouse after Black judge, a ‘legal legend’

A measure to name a federal courthouse after the first Black judge on the Florida Supreme Court was recently blocked in the U.S. House of Representatives after one lawmaker found a news clip on a prayer ruling.

Apr 13, 2022 10:50 AM CDT

Can Rep. Marjorie Taylor Greene be banned from reelection? 14th Amendment at issue

Georgia voters who want to ban a reelection bid by Republican U.S. Rep. Marjorie Taylor Greene got a boost Friday, when a federal judge in Atlanta indicated that she will likely allow the election challenge.

Apr 12, 2022 11:17 AM CDT