News & Analysis as of June 7, 2025

First Amendment

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

A Day of Near-Unanimity on Six Important Cases - SCOTUS Today

Epstein Becker & Green on 6/6/2025

As this term draws to a close, the U.S. Supreme Court is getting busy in reducing its inventory of pending cases. Yesterday, six of them were resolved....more

U.S. Supreme Court Upholds Catholic Charity’s Religious Exemption From Wisconsin Unemployment Tax

Amundsen Davis LLC on 6/6/2025

In a 9-0 decision authored by Justice Sonia Sotomayor, the U.S. Supreme Court overturned a ruling by the Wisconsin Supreme Court, which held that Catholic Charities Bureau Inc. (the “Charities) and its subsidiaries were not...more

The Supreme Court Update - June 5, 2025

Dorsey & Whitney LLP on 6/6/2025

The Supreme Court of the United States issued six decisions today: Ames v. Ohio Dept. of Youth Services, No. 23-1039: This case addresses whether majority-group plaintiffs are held to a heighted evidentiary standard in...more

Oregon Cannabis Employers No Longer Need to Comply with Measure 119 and Obtain Labor Peace Agreements

Miller Nash LLP on 6/5/2025

On May 20, 2025, the U.S. District Court for Oregon permanently prohibited Oregon state officials from enforcing Measure 119. In 2024, Oregon voters approved Measure 119, which became effective on December 5, 2024. Measure...more

L'eggo My Rights: Parody or Trademark Violation?

Farella Braun + Martel LLP on 6/5/2025

In another in a long line of trademark imitation cases, Kellogg North America Co. LLC has filed a trademark and trade dress infringement lawsuit against a small Ohio-based food truck named L’eggo My Eggroll, arguing that the...more

Washington State Broadly Criminalizes All Malicious Deepfakes, Expanding on Existing Deepfake Regulation

BakerHostetler on 6/4/2025

On April 16, Washington state added a new law to the growing patchwork of state, federal and international laws aimed at curbing the malicious use of artificial intelligence (AI)-generated deepfakes. ...more

U.S. Visa Restrictions Signal New Era of Cross-Border Data Governance Challenges for Legal and Compliance Professionals

HaystackID on 6/4/2025

The intersection of international diplomacy and digital governance has reached a critical inflection point with the U.S. State Department’s groundbreaking visa restriction policy announced May 28, 2025. Under Secretary of...more

Religious Charter Schools Continue to be Impermissible…for Now

Bond Schoeneck & King PLLC on 6/4/2025

The State of Oklahoma has a charter school law similar in many respects to New York’s Charter Schools Act. Like in New York, Oklahoma charter schools are authorized by a state board via charter agreements between the state...more

Ninth Circuit Holds School Board Trustee Liable for Blocking Public Comments on Her Social Media Account

Snell & Wilmer on 6/4/2025

Recently, the Ninth Circuit had the opportunity to apply the U.S. Supreme Court’s test laid out in Lindke v. Freed (March 2024) to determine whether a public official’s use of social media is state action subject to First...more

Oregon Federal Judge Strikes Down State Law Requiring Labor Peace Agreements for Cannabis Licensure and Certification – OLCC Will...

Sheppard Mullin Richter & Hampton LLP on 6/2/2025

On Tuesday May 20, 2025, U.S. District Judge for the District of Oregon, Michael H. Simon issued a decision in Casala LLC, d/b/a Bubble’s Hash and Rec Rehab Consulting LLC, d/b/a Ascend Dispensary v. Tina Kotek, in her...more

Walters v. OpenAI, L.L.C.

Loeb & Loeb LLP on 6/2/2025

Georgia state court grants summary judgment dismissing defamation claim targeting ChatGPT output accusing radio host of embezzlement, in light of disclaimers notifying users that ChatGPT sometimes generates inaccurate...more

The Supreme Court Declines to Require Religious Charter Schools

Baker Donelson on 6/2/2025

In a one-sentence, 4-to-4 per curiam decision, the Supreme Court upheld the Oklahoma Supreme Court's ruling that approval of a religious school's participation in the state's charter school program would violate the...more

In-Compliance: Holtzman Vogel's May 2025 Political Law Round-Up

Holtzman Vogel Baran Torchinsky & Josefiak on 6/2/2025

DOJ Declines to Defend Party Coordinated Expenditure Limits Before Supreme Court, Urges Court to Invalidate Limits - On May 19, 2025, the U.S. Department of Justice (DOJ) responded to the petition for writ of certiorari...more

Louisiana Community Air Monitoring Reliability Act: Environmental Organizations File Challenge in United States District Court...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/2/2025

The Environmental Integrity Project and Public Citizen Litigation Group (collectively, “EIP”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Middle District...more

The First Amendment, Front and Center - SCOTUS Today

Epstein Becker & Green on 5/30/2025

The U.S. Supreme Court did not issue any merits opinions today, but there were two dissents from denials of cert. that merit attention, both concerning the First Amendment....more

No Sanctions for Resetting Two Cellphones on Facts Presented; and, Social Media Posts Supported Dismissal

EDRM - Electronic Discovery Reference Model on 5/30/2025

In Wenzler v. U.S. Coast Guard, 2025 WL 1445805 (Mar. 20, 2025), Wenzler alleged that he had been disenrolled from the voluntary U.S. Coast Guard Auxiliary based on his speech on social media. Wenzler unsuccessfully asserted...more

First Amendment Regulation of Social Media Use By Public Officials: Official or Personal Account?

Best Best & Krieger LLP on 5/29/2025

Public officials often ask whether the First Amendment restricts their activities on social media, particularly when they seek to delete comments or block individuals from accessing their accounts. Generally, in order for an...more

Supreme Court Denies First Religious Charter School, Leaves Question Over Constitutionality Unresolved

Rumberger | Kirk on 5/28/2025

On May 22, 2025, the United States Supreme Court issued a one-sentence order affirming the judgment of the Oklahoma Supreme Court in the consolidated cases of Oklahoma Statewide Charter School Board v. Drummond, and St....more

May 2025 California Employment Law Notes

Proskauer - California Employment Law on 5/28/2025

We invite you to review our newly-posted, May 2025 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Apple...more

The Supreme Court Update - May 23, 2025

Dorsey & Whitney LLP on 5/27/2025

On Thursday, May 22, the Supreme Court of the United States issued two decisions: Kousisis v. United States, No. 23-909: This case addresses the elements of the federal wire fraud statute, 18 U.S.C. § 1343....more

Recent Rulings Against Trump Administration Funding Freezes

ArentFox Schiff on 5/27/2025

Shortly after taking office, President Trump froze funding already allocated to various parties, citing the Administration’s disapproval of issues including climate change and social equity. Additionally, executive agencies...more

A Tie Goes to the Runner, a Common Law Extravaganza, and the Administration Gets a Break - SCOTUS Today

Epstein Becker & Green on 5/24/2025

Yesterday, an evenly divided 4–4 U.S. Supreme Court, with Justice Barrett having recused herself, decided in Oklahoma Statewide Charter School Board v. Drummond to leave in place the holding of the Oklahoma Supreme Court...more

Multistate Coalition Files Amicus Brief in Support of Anti-Doxing Law

Kelley Drye & Warren LLP on 5/23/2025

This week, a bipartisan group of 42 attorneys general filed an amicus brief asking the U.S. Court of Appeals for the Third Circuit to uphold Daniel’s Law, a New Jersey statute enacted to protect public servants from “doxing”...more

Democratic AGs Author Amicus Supporting Anti-DEI EO Challenge

Cozen O'Connor on 5/23/2025

A group of 18 Democratic AGs filed an amicus brief with the U.S. Court of Appeals for the Fourth Circuit supporting a trade organization’s lawsuit challenging anti-diversity, equity & inclusion (DEI) Executive Orders (EOs)....more

The Bipartisan TAKE IT DOWN Act Is Now Federal Law

Morrison & Foerster LLP - Social Media on 5/23/2025

President Donald Trump has signed the TAKE IT DOWN Act, a new federal law aimed at curbing the spread of non-consensual AI-generated pornography. The law makes it a criminal offense to create or share explicit deepfake images...more

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First Amendment

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