News & Analysis as of July 23, 2025

First Amendment › Criminal Convictions

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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 -

The Supreme Court Update - July 3, 2025

Dorsey & Whitney LLP on 7/7/2025

The Supreme Court of the United States granted certiorari in five cases today: Little v. Hecox; West Virginia v. B.P.J., Nos. 24-38, 24-43: These two cases will address whether states may prohibit transgender women and...more

Preemption, the First Amendment, and Ineffective Assistance of Counsel on Today’s Decisional Menu - SCOTUS Today

Epstein Becker & Green on 5/31/2024

Once again, the U.S. Supreme Court handed down three decisions on a Thursday, each of them substantively important to the individuals involved, but all of them essentially involving the Supreme Court’s instructing lower...more

The Supreme Court Update - March 15, 2024

Dorsey & Whitney LLP on 3/18/2024

The Supreme Court of the United States issued three decisions today: Lindke v. Freed, No. 22-611: This case addresses whether a public official violates the First Amendment by blocking individuals from commenting on the...more

The Supreme Court Addresses The First Amendment and Stalking via Facebook

Saiber LLC on 1/11/2024

On June 27, 2023, the Supreme Court of the United States decided Counterman v. Colorado, holding, among other things, that the First Amendment required the criminal conviction of a man found guilty of stalking a woman through...more

Second Circuit Affirms Conviction and Sentence of Defendant Who Posted Video Urging "Slaughter" of Members of United States...

Patterson Belknap Webb & Tyler LLP on 10/12/2023

In United States v. Hunt, the Second Circuit (Walker, Parker, and Bianco) affirmed the conviction and sentence of Brendan Hunt, who in the wake of the 2020 presidential election threatened prominent elected officials on...more

RICO Requires Transfer of Title to Forfeit Trademarks: USA v. Mongol Nation, No. 19-50176 and 19-50190 (9th Cir. Jan. 6, 2023)

Irwin IP LLP on 2/28/2023

The Ninth Circuit recently affirmed the denial of the United States’ second motion for preliminary order of forfeiture of the Mongol Nation’s trademarks. The Ninth Circuit held that the Racketeer Influenced and Corrupt...more

The Supreme Court Update - December 9, 2022

Dorsey & Whitney LLP on 12/12/2022

Today, the Supreme Court of the United States granted certiorari in four cases: Coinbase, Inc. v. Bielski, No. 22-105: This case presents an issue of federal arbitration law. The question presented is: Whether a...more

The Supreme Court - April 21, 2022

Dorsey & Whitney LLP on 4/22/2022

Boechler, P.C. v. Commissioner of Internal Revenue, No. 20-1472: This case involves the application of “equitable tolling” in tax “collection due process” cases. This case arose after the IRS sustained a proposed levy on the...more

Welcome to the Party, Pal: Supreme Court Invokes Party Presentation Principle

Carlton Fields on 5/14/2020

On May 7, 2020, the U.S. Supreme Court unanimously vacated an opinion of the Ninth Circuit Court of Appeals based on the so-called principle of party presentation. ...more

Supreme Court Decides United States v. Sineneng-Smith

Faegre Drinker Biddle & Reath LLP on 5/10/2020

On May 7, 2020, the Supreme Court decided United States v. Sineneng-Smith, No. 19-67, holding that, absent extraordinary circumstances, courts must adhere to the principle of party presentation and decide only those questions...more

The Supreme Court - December 18, 2019

Dorsey & Whitney LLP on 12/19/2019

Today, the Supreme Court of the United States granted certiorari in the following cases: Our Lady of Guadalupe School v. Morrissey-Berru, No. 19-267; St. James School v. Biel, No. 19-348: Whether the First Amendment’s...more

The Supreme Court - June 17, 2019

Dorsey & Whitney LLP on 6/21/2019

The Supreme Court of the United States issued four decisions this morning: Manhattan Community Access Corp. v. Halleck, No. 17-1702: A private nonprofit corporation known as MNN operates the public access channels on Time...more

“...For me? As what? Tough guy? I don’t need tough guys. I need more lawyers...”: Intellectual Property Law In Criminal Matters

International Lawyers Network on 3/13/2019

There is a popular vintage Harley Davidson t-shirt that says “Tough Guys Finish First.” That may be true. But, sometimes, to finish first, one does not need more tough guys; one needs more lawyers, as a crime-related matter...more

The Supreme Court - June 26, 2017

Dorsey & Whitney LLP on 6/27/2017

The Supreme Court of the United States issued decisions in five cases today: California Public Employees’ Retirement System v. ANZ Securities, Inc., No. 16-373: Lehman Brothers’ collapse led to a number of securities...more

The Past, Present, and Future of Government Regulation of Off-Label Communications – Part 3

Mintz - Health Care Viewpoints on 6/22/2017

This is Part 3 in my series exploring the history of FDA’s regulation of off-label communications, which has become newly relevant in light of the recent events highlighted in Part 1. In this installment, I continue...more

Supreme Court Fells North Carolina Statute on First Amendment Grounds, Recognizes Cyberspace and Social Media As the Most...

Jackson Walker on 6/21/2017

Yesterday’s unanimous ruling by the U.S. Supreme Court in Packingham v. North Carolina is one of the first decisions in which the Court has addressed broadly the relationship between the First Amendment and social media,...more

The Supreme Court - March, 2017 #4

Dorsey & Whitney LLP on 3/30/2017

The Supreme Court of the United States issued a decision in the following case today: Expressions Hair Design v. Schneiderman, No. 15-1391: Five businesses in New York, petitioners here, wanted to pass along the...more

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First Amendment › Criminal Convictions

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