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First Amendment › Appellate Courts

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... more +
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 -
Bradley Arant Boult Cummings LLP

Earmuffs, Kids: The Federal Circuit Delivers the F-bomb Right Back to the TTAB

Bradley Arant Boult Cummings LLP on

The Federal Circuit’s recent precedential decision in In re Erik Brunetti has surely raised some eyebrows in the trademark community (and beyond), not just for its subject matter (the attempted registration of a certain...more

McDermott Will & Schulte

Fourth Circuit strikes down Maryland’s digital ad tax “pass-through” ban

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Maryland’s attempt to stop businesses from telling customers about a controversial tax has hit a constitutional wall. On August 15, 2025, the US Court of Appeals for the Fourth Circuit ruled that the state’s “pass-through”...more

Carlton Fields

Florida Appeals Court Decisions Week of August 11 - 15, 2025

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U.S. Eleventh Circuit Court of Appeals - Huggins v. Manatee Sch Dist - First Amendment, qualified immunity, amending pleadings - Andre v. Clayton Cnty - Atlanta airport random searches, constitutional challenge,...more

Saul Ewing LLP

D.C. Circuit Curbs Investigative Use of Omnibus Non-Disclosure Orders Under Stored Communications Act

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In a rare appellate ruling regarding the breadth of Section 2705 of the Stored Communications Act (“SCA”), the U.S. Court of Appeals for the D.C. Circuit held the government could not use a broad, prospective nondisclosure...more

Kohrman Jackson & Krantz LLP

C.S. v. McCrumb and Ohio’s New Expulsion Law: Balancing Student Expression and School Safety

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In C.S. v. McCrumb, the U.S. Court of Appeals for the Sixth Circuit addressed the scope of a public school’s ability to restrict student expression on-campus, particularly when that expression involves politically charged,...more

Paul Hastings LLP

Regulating Proxy Advisors: Court Rules Advice Is Not a ‘Solicitation’ and Texas Enacts Its Own Law

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On July 1, 2025, the U.S. Court of Appeals for the District of Columbia Circuit ended more than five years of uncertainty and confusion by ruling that proxy voting advice issued by proxy advisors is not a “solicitation” under...more

Carlton Fields

Florida Appeals Court Decisions Week of June 30 - July 3, 2025

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U.S. Eleventh Circuit Court of Appeals - Lamonaco v. Experian - arbitration - Labriola v. Miami-Dade - employment, First Amendment - Wood v. Fla DOE - school, transgender, § 1000.071, First Amendment - USA v....more

Buckingham, Doolittle & Burroughs, LLC

Understanding Anti-SLAPP Statutes: Do They Apply in Federal Court?

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“SLAPP” is an acronym for Strategic Lawsuit Against Public Participation. The term was coined in the 1980s to describe lawsuits initiated to silence public speech about issues of public importance. Under the original...more

Carlton Fields

Florida Appeals Court Decisions Week of May 12 - 16, 2025

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U.S. Eleventh Circuit Court of Appeals - Maron v. Fla CFO - Florida Unclaimed Property Act, taking, sovereign immunity - USA v. Solomon - sentencing, Hobbs Act - HM Fla v. Fla DBPR - obscenity, First Amendment - ...more

DLA Piper

Federal Appeals Court Permits Enforcement of DEI Executive Orders

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The Fourth Circuit Court of Appeals has stayed the Maryland District Court’s preliminary injunction order enjoining the federal government from enforcing certain provisions of President Donald Trump’s January 20, 2025...more

Sands Anderson PC

Patel v. CNN: Public Figures Suing the Media for Defamation Lose Most of the Time

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In a case, as they say, ripped from the headlines, the Virginia Court of Appeals has put on a clinic explaining the inter-play between the First Amendment and defamation law.  The Court, in Patel v. CNN  made clear that...more

Snell & Wilmer

Ninth Circuit Upholds Oregon's Ban on Unannounced Audio Recordings, Rejects First Amendment Challenge

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The U.S. Court of Appeals for the Ninth Circuit has affirmed the dismissal of a lawsuit brought by Project Veritas, a conservative activist group that engages in undercover journalism, challenging the constitutionality of an...more

Husch Blackwell LLP

Ninth Circuit Issues Opinion on Constitutionality of California’s AADC

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Keypoint: The appellate court ruled that the California Age-Appropriate Design Code Act’s impact assessment provision is unconstitutional and remanded the case back to the trial court to consider the constitutionality of the...more

Constangy, Brooks, Smith & Prophete, LLP

Court halts black-only grants program

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Chief Justice Roberts did say, "eliminating race discrimination means eliminating all of it." The United States Court of Appeals for the Eleventh Circuit ruled that a grant program -- which is available only to black females...more

Morrison & Foerster LLP - Social Media

Supreme Court Clarifies The Boundaries Of Public Official Liability On Social Media

Morrison & Foerster LLP - Social Media on

In its recent opinion in Lindke v. Freed, the U.S. Supreme Court addressed when public officials may be held liable for violating the First Amendment for silencing critics on social media. The Court held that a public...more

Holtzman Vogel Baran Torchinsky & Josefiak

Supreme Court Issues Key Decisions on Public Officials’ Use of Social Media and Ability to Block Commenters

Holtzman Vogel Baran Torchinsky & Josefiak on

On March 15, 2024, the Supreme Court issued a unanimous opinion in Lindke v. Freed and a per curiam opinion in O’Connor-Ratcliff v. Garnier addressing when a public official may prevent a person from commenting on the public...more

Husch Blackwell LLP

Federal Appeals Court Rules That Florida’s STOP W.O.K.E. Act is Unconstitutional

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In a strongly worded and unanimous opinion, a panel of judges from the Eleventh Circuit Court of Appeals determined that Florida’s STOP W.O.K.E. Act is unconstitutional. The court noted that Florida’s defense of the law’s...more

Troutman Pepper Locke

Virginia Appeals Court to Rule on Attorney-Only Public Records Access Limit

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Since 1967, the federal Freedom of Information Act (FOIA) has provided the public with the right to access records or information from any federal agency, except those records protected under legal exemptions. Each state has...more

Fox Rothschild LLP

A Big Win for Get Advocate as Appellate Division Rules that Publicizing Get Refusal Protected by First Amendment

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In what has been touted as a monumental victory for Agunot in New Jersey, yesterday, the Appellate Division released a decision stating that a video publicizing a husband’s Get refusal is protected by First Amendment...more

Cozen O'Connor

Third Circuit Upholds Pennsylvania Rule 8.4(g) Prohibiting Harassment and Discrimination in the Practice of Law

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The United States Court of Appeals for the Third Circuit reversed an Eastern District court ruling striking down a Pennsylvania Rule of Professional Conduct prohibiting knowing harassment and discrimination in the practice of...more

Paul Hastings LLP

Supreme Court Holds That First Amendment Free Speech Right Trumps State Antidiscrimination Law

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On June 30, 2023, the U.S. Supreme Court issued its decision in 303 Creative LLC v. Elenis. In a 6-3 opinion, the Supreme Court held that the First Amendment prohibits Colorado from compelling a website designer to engage in...more

Carlton Fields

A Cautionary Note on Honking Your Own Horn

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On April 7, 2023, the Ninth Circuit Court of Appeals issued its decision in Porter v. Martinez, which addresses California’s law that prohibits honking a car horn except to warn of a safety hazard. Here, Susan Porter drove...more

Littler

Littler Lightbulb – December Employment Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Cozen O'Connor

Court of Appeals Hears Oral Arguments in Case Challenging Nasdaq’s Board Diversity Rules

Cozen O'Connor on

On August 29, 2022, the Fifth Circuit Court of Appeals heard oral arguments in a case against the Securities and Exchange Commission (SEC) seeking to invalidate Nasdaq’s board diversity rules which were initially proposed by...more

Jackson Lewis P.C.

Federal Court Blocks Florida’s Individual Freedom Act as Unconstitutional

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Invoking the “upside down world” depicted in Netflix drama, Stranger Things, the federal District Court for the Northern District of Florida blocked Florida’s Individual Freedom Act (IFA) on constitutional grounds....more

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