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First Amendment

Sep 2022

Judge Finds Virginia Obscenity Statute Unconstitutional and Dismisses Attempt to Have Two Books Declared Obscene

Nicole Bergstrom and Molly G. Rothschild

A 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.

Aug 2022

In Siding with Praying Coach, SCOTUS Bolsters Religious Freedom of Speech

Camille Richieri

In 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.

Jun 2022

Eighth Circuit: Arkansas State Contractors Must Sign “No Israel Boycott” Certifications

Mike Nepple

The 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.

Jun 2022

Supreme Court Forecloses Bivens Remedies for First Amendment Retaliation Claims and Drastically Narrows Fourth Amendment Scope

Gillian Vernick

The 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.

May 2022

Northern District of California Dismisses Case Against Facebook and Twitter

Allyson Veile and Maggie Strouse

The 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.

May 2022

Supreme Court Clarifies What It Takes to Be Content Based, But Questions Remain  

Tobin Raju

The United States Supreme Court recently clarified an often dispositive issue in First Amendment cases—whether a regulation is content based.