The U.S. Supreme Court in its 2024–25 term continued to robustly protect religious liberty under the First Amendment but retreated from core First Amendment principles in two cases involving the internet....more
7/2/2025
/ Catholic Charities Bureau ,
Catholic Charities Bureau Inc v Wisconsin Labor & Industry Review Commission ,
Denial of Certiorari ,
First Amendment ,
Free Speech ,
Free Speech Coalition Inc v Paxton ,
Inc. v. Wisconsin Labor & ,
Injunctions ,
LGBTQ ,
Libby v Fecteau ,
Mahmoud v Taylor ,
Minor Children ,
National Security ,
Online Platforms ,
Parental Rights ,
Pornography ,
Public Schools ,
Religious Accommodation ,
SCOTUS ,
Tax Exemptions ,
TikTok ,
TikTok Inc v Garland
The U.S. Supreme Court stepped back from the brink in a term that could have reshaped First Amendment law for the internet age.
...more
7/2/2024
/ First Amendment ,
Free Speech ,
Gonzalez v Trevino ,
Government Officials ,
Lanham Act ,
Lindke v Freed ,
Moody v NetChoice LLC ,
Murthy v Missouri ,
National Rifle Association of America v Vullo ,
NetChoice LLC v Paxton ,
O’Connor-Ratcliff v Garnier ,
Online Platforms ,
SCOTUS ,
Social Media ,
Social Networks ,
Vidal v Elster
The Supreme Court this term elevated First Amendment values over anti-discrimination laws and stalking statutes in two important cases. The most far-reaching case, 303 Creative LLC v. Elenis, decided that a website designer...more
7/6/2023
/ 303 Creative LLC v Elenis ,
Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Communications Decency Act ,
Copyright ,
Counterman v Colorado ,
First Amendment ,
Free Speech ,
Groff v DeJoy ,
Jack Daniels Properties Inc v VIP Products LLC ,
LGBTQ ,
Religious Accommodation ,
Section 230 ,
Terrorist Organizations ,
Trademark Infringement ,
Twitter Inc v Taamneh ,
United States v Hansen
The Supreme Court term that ended today once again showed the power of the First Amendment to shape American life. The court invoked the First Amendment in cases regulating social media platforms, prayer at public schools,...more
6/30/2022
/ Campaign Contributions ,
Carson v Makin ,
City of Austin v Reagan National Advertising of Texas Inc ,
Coral Ridge Ministries Media v Southern Poverty Law Center ,
Coronavirus/COVID-19 ,
Egbert v Boule ,
Establishment Clause ,
Federal Election Commission (FEC) ,
Federal Election Commission v Cruz for Senate ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
Houston Community College System v Wilson ,
Kennedy v. Bremerton School District ,
NetChoice LLC v Paxton ,
Religious Schools ,
Retaliation ,
SCOTUS ,
Shurtleff v City of Boston ,
Vaccinations
Louis Brandeis famously wrote in Whitney v. California, 274 U.S. 357 (1927), that the remedy for false or harmful speech “is more speech, not enforced silence.” A recent Fifth Circuit case presented a novel question that...more
The First Amendment does not generally confer a right to access government information. But can the First Amendment apply to laws that selectively release government information to certain people for certain purposes? The...more