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First Amendment › Constitutional Challenges › Government Agencies

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 -
Husch Blackwell LLP

What to Know About the Executive Order on “Improving” Federal Grantmaking

Husch Blackwell LLP on

Last week, President Trump issued Executive Order 14332, Improving Oversight of Federal Grantmaking. The order imposes a new review process to realign discretionary grant awards and ensure that any future grants issued under...more

Latham & Watkins LLP

Senators Introduce Legislation to Restrict Direct-to-Consumer Drug Advertising

Latham & Watkins LLP on

On June 12, 2025, Senators Bernie Sanders (I-Vt.) and Angus King (I-Maine) introduced the End Prescription Drug Ads Now Act, with Senators Chris Murphy (D-Conn.), Peter Welch (D-Vt.), Jeff Merkley (D-Ore.), and Dick Durbin...more

Hahn Loeser & Parks LLP

U.S. Northern District of California Grants Limited Preliminary Injunction of DEI-Related Executive Orders

Hahn Loeser & Parks LLP on

On June 9, 2025, the U.S. District Court for the Northern District of California issued a preliminary injunction in San Francisco A.I.D.S. Foundation, et. al. v. Trump, 25-cv-01824-JST (N.D. Cal.), enjoining three of the nine...more

Cozen O'Connor

Update on California's Climate Disclosure Laws: What Companies Need to Know

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On May 29, 2025, the California Air Resources Board (CARB) held a virtual public workshop to discuss forthcoming regulations implementing California’s corporate climate disclosure laws. The workshop focused on the scope of...more

Oppenheimer Investigations Group

MAGA Hats and Pronoun Disputes Test Workplace Speech Boundaries

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The line between protected political speech and workplace disruption depends largely on who signs your paycheck. Public employees enjoy First Amendment protections that private sector workers lack, but even government...more

Holtzman Vogel Baran Torchinsky & Josefiak

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

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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

ArentFox Schiff

Recent Rulings Against Trump Administration Funding Freezes

ArentFox Schiff on

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

ArentFox Schiff

American Chemistry Council v. Bonta: A Decision in Support of Trade and Professional Associations’ First Amendment Rights

ArentFox Schiff on

Does the First Amendment protect associations’ communications with their members when petitioning government agencies?...more

King & Spalding

New Federal Court Decision Holds Proposition 65 Warnings Are Not Required Where There Was No Scientific Consensus on the...

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In an important decision under California’s Proposition 65, a federal court recently ruled that businesses cannot be required to provide a product warning under Proposition 65 where there is no scientific consensus on whether...more

Downey Brand LLP

Court Overturns Prop 65 Acrylamide Warning

Downey Brand LLP on

On May 2, a federal district court in Sacramento permanently enjoined the Prop 65 warning for acrylamide in food, finding it to be unconstitutional. At issue in the case, California Chamber of Commerce v. Bonta (E.D. Cal. No....more

Proskauer - Law and the Workplace

Federal Judge Blocks Key DEI Executive Order Provisions

Proskauer - Law and the Workplace on

On April 14, 2025, the U.S. District Court for the Northern District of Illinois issued a preliminary injunction preventing the U.S. Department of Labor (“DOL”) from enforcing a certification provision and termination clause...more

Allen Matkins

Ninth Circuit Upholds DFPI's Commercial Financing Disclosure Rules

Allen Matkins on

On September 30, 2018, California enacted SB 1235, codified at California Financial Codes sections 22800–22805. SB 1235 requires that an offer of commercial financing for $500,000 or less be accompanied by disclosures of: (1)...more

Hahn Loeser & Parks LLP

U.S. District Court Judge Grants Preliminary Injunction Blocking Department of Labor from Enforcing Certain Provisions of...

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On April 2, we reported that Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois had issued a temporary restraining order blocking the Department of Labor from enforcing certain provisions...more

Ballard Spahr LLP

Federal District Court Temporarily Blocks DOL from Requiring DEI Certification Provisions

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On March 27, 2025, the United States District Court for the Northern District of Illinois granted a nationwide temporary restraining order (TRO) preventing the Department of Labor (DOL) from requiring federal contractors and...more

Littler

FCC Takes Aim at Media Companies’ IE&D Efforts

Littler on

Federal Communications Commission (FCC) Chair Brendan Carr recently revealed in a social media post the agency’s latest probe into various media entities’ inclusion, equity, and diversity efforts....more

Vorys, Sater, Seymour and Pease LLP

Federal Judge Temporarily Halts DOL’s Enforcement of Portions of President Trump’s Diversity, Equity and Inclusion Executive...

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The Department of Labor (DOL) is enjoined from enforcing parts of President Trump’s Diversity, Equity, and Inclusion-related Executive Orders following a partial nationwide injunction entered against them by Judge Matthew F....more

Foley & Lardner LLP

Federal Judge Restrains Liability for Alleged False DEI Certifications

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President Trump’s January 21 Executive Order targeting Diversity, Equity, and Inclusion Programs (DEI) (the “January 21 Executive Order”) and, specifically, § 3(b)(iv)) (the Certification Provision) cannot be the basis for...more

Ballard Spahr LLP

Fourth Circuit Lifts Nationwide Injunction of Executive Orders Addressing DEI Programs

Ballard Spahr LLP on

Departing from a pattern of recent federal district court decisions, the U.S. Court of Appeals for the Fourth Circuit granted the government’s application for stay pending appeal of a nationwide preliminary injunction against...more

Orrick, Herrington & Sutcliffe LLP

Fourth Circuit Reinstates Anti-DEI Executive Orders Pending Further Litigation

Orrick, Herrington & Sutcliffe LLP on

On February 21, 2025, the U.S. District Court for the District of Maryland entered a preliminary injunction blocking the enforcement of important aspects of two Executive Orders: “Ending Radical and Wasteful Government DEI...more

Polsinelli

Nationwide Injunction Shuts Down Enforcement of Trump’s DEI Executive Orders

Polsinelli on

On February 21, 2025, a federal district court judge issued a nationwide preliminary injunction that blocks enforcement of three major provisions of President Trump’s Executive Orders related to Diversity, Equity and...more

Latham & Watkins LLP

Court Upholds Scope of Preliminary Injunction Regarding DEI Executive Orders

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A Maryland federal judge refused to suspend or narrow the nationwide preliminary injunction against DEI-related executive orders....more

Akin Gump Strauss Hauer & Feld LLP

Designating English as the Official Language of the United States (Trump EO Tracker)

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This order designates English as the official language of the United States. Nothing in this order, however, requires or directs any change in the services provided by any agency. Agency heads are not required to amend,...more

Cozen O'Connor

Trump Administration DEI Executive Orders Enjoined (For Now)

Cozen O'Connor on

On Friday, February 21, 2025, a federal judge in Baltimore issued a nationwide preliminary injunction (Order) enjoining certain parts of President Trump’s January 20, 2025 Executive Order 14151, Ending Radical and Wasteful...more

FordHarrison

Preliminary Injunction Issued to Block Provisions of Executive Orders Limiting Diversity, Equity, and Inclusion Programs; Now...

FordHarrison on

On February 21, 2025, the United States District Court for the District of Maryland issued a nationwide preliminary injunction halting the enforcement of three key provisions of President Trump’s Executive Orders intended to...more

CDF Labor Law LLP

Federal Court Temporarily Blocks Enforcement of President Trump’s Anti-Diversity Equity and Inclusion Executive Orders

CDF Labor Law LLP on

On February 21, 2025, the federal district court for the District of Maryland blocked President Donald Trump from enforcing a majority of two January 2025 Executive Orders that seek to eliminate diversity, equity and...more

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