First Amendment
Judge Finds Virginia Obscenity Statute Unconstitutional and Dismisses Attempt to Have Two Books Declared Obscene
Nicole Bergstrom and Molly G. RothschildA judge found Virginia’s obscenity law unconstitutional and dismissed Petitions seeking to have two books, A Court of Mist and Fury by Sarah J. Maasand Gender Queer by Maia Kobabe, found obscene.
In Siding with Praying Coach, SCOTUS Bolsters Religious Freedom of Speech
Camille RichieriIn the recent Kennedy v. Bremerton School District decision, the Supreme Court held that a public high school football coach had a constitutional right to pray at the 50-yard line after games.
Eighth Circuit: Arkansas State Contractors Must Sign “No Israel Boycott” Certifications
Mike NeppleThe court found that, when narrowed by canons of construction and legislative history, the law does not reach normally protected expressive conduct that often comes with boycotts.
Supreme Court Forecloses Bivens Remedies for First Amendment Retaliation Claims and Drastically Narrows Fourth Amendment Scope
Gillian VernickThe Court slammed the door shut on Bivens remedies for First Amendment retaliation claims, completely foreclosing authorization of monetary damages for such constitutional violations by federal officers.
Northern District of California Dismisses Case Against Facebook and Twitter
Allyson Veile and Maggie StrouseThe decision joins the growing collection of case law rejecting First Amendment claims against social media companies for exercising control over the content that appears on their platforms.
Supreme Court Clarifies What It Takes to Be Content Based, But Questions Remain
Tobin RajuThe United States Supreme Court recently clarified an often dispositive issue in First Amendment cases—whether a regulation is content based.