First Amendment
Fifth Circuit Affirms Preliminary Injunction Against Texas Prosecution of Netflix
Miranda A. CassidyThe Fifth Circuit concluded that the rule which ordinarily requires federal courts to abstain from interfering in state criminal prosecutions did not apply, due to the evidence that Netflix’s prosecution was the product of “bad faith” on the part of Tyler County District Attorney Lucas Babin.
Fifth Circuit Court of Appeals Affirms That Texas Book Rating System Is Unconstitutional
Laura Lee PratherUnlike the oral argument which focused primarily on the unconstitutional definitions and the workings of the rating scheme, the ruling leaned into a surgical analysis of standing, ripeness, and sovereign immunity that dissected each of the State’s arguments as to government speech, the government operations doctrine, and warning labels in great detail.
PEN America, Penguin Random House First Amendment Lawsuit Over Book Removal Moves Forward
Ojasvinee SinghThe lawsuit challenges the removal and restriction of books from school libraries on First Amendment free speech and Fourteenth Amendment equal protection grounds.
Why MLRC Filed an Amicus Brief at the Supreme Court
Jeff HermesThe NetChoice cases could be as fundamental to the future of online discourse as Times v. Sullivan has been to journalism.
Maine Newspapers, Broadcasters Challenge Law Requiring “Due Diligence” on Advertisers Before Running Political Ads
Sigmund D. Schutz and Alexandra HarrimanA new Maine law that bans political advertising by foreign government-influenced entities has a remarkable feature of special concern for news organizations: it enlists news outlets to enforce the ban.
Journalists’ Civil Rights Claims for Abuses During George Floyd and Daunte Wright Protests Can Go to Trial
Isabella Salomão Nascimento, Pari McGarraugh, and Kevin RiachAll told, the Court’s decision is an unqualified victory for Plaintiffs in this case, their fellow journalist colleagues, and the First Amendment writ large.
Louisiana Man’s COVID-19 Joke Protected by First Amendment, Fifth Circuit Decides
Matt Kristoffersen“His post did not advocate ‘lawless’ and ‘imminent’ action, nor was it ‘likely’ to produce such action," wrote the court.
“The Happiest Courtroom on Earth”: Disney & Friends Take on DeSantis
Joe Slaughter and Chuck TobinIt is rare to see three powerful amicus briefs filed at the motion to dismiss stage. But the unusual context only underscores the fundamental arguments made in the briefs: that DeSantis’s actions, as alleged in the complaint, are inimical to and corrosive of three fundamental pillars of American society – law, politics, and business.
Federal Court Blocks Texas’ Book Ban
Michael J. LambertJudge Albright issued an Order preliminarily enjoining HB 900, holding that it violated the First Amendment because it compels speech, is unconstitutionally vague, and is an impermissible prior restraint.
A New Film: Floyd Abrams – Speaking Freely
George FreemanNot only to get pumped up, and more than just to learn some legal history, I urge all members to watch this film on September 22nd. It will renew your faith and dedication to the goals and principles we are striving for. Though the hero of the piece appears to be Floyd, the co-hero really…