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First Amendment › Free Speech › Constitutional Challenges

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 -
Franczek P.C.

School District Wins Appeal in Teacher’s First Amendment Challenge

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On August 23, 2025, the Seventh Circuit Court of Appeals affirmed an earlier ruling for Township High School District 211 in Hedgepeth v. Britton, et al., concerning the district’s dismissal of a high school teacher in...more

BCLP

Appeals Court Denies Challenge to SEC Rule Requiring Settling Parties not to Deny Liability

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The SEC’s longstanding practice of requiring settling parties not to deny the charges against them, denounced as the “gag rule” by critics, recently withstood another legal challenge. ...more

Klein Moynihan Turco LLP

Federal Court Moonwalks Over West Virginia’s Daniel’s Law

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While the United States Court of Appeals for the Third Circuit (“Third Circuit”) weighs the constitutionality of New Jersey State’s Daniel’s Law, a West Virginia federal court recently opined on the constitutionality of its...more

Troutman Pepper Locke

West Virginia’s Daniel’s Law Held Facially Unconstitutional

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The decision is the first to find a Daniel’s Law unconstitutional based on First Amendment grounds and could impact ongoing litigation against hundreds of companies challenging similar laws....more

Kerr Russell

Is Denaturalization Now a Political Weapon?

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On June 11, 2025, the U.S. Department of Justice issued an internal memorandum on Civil Division enforcement priorities that included denaturalization as a top 5 priority. The priorities laid out in the DOJ internal...more

Kohrman Jackson & Krantz LLP

First Amendment Push-Me Pull-You: New Hurdles to Examining Digital Content Privately

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The digital landscape has always posed a twin challenge: how to protect children online while also preserving robust free speech rights for adults consistent with the First Amendment. This tension reached a logical zenith...more

Mintz

What’s in Your Wallet: National Retail Federation Files Suit Against New York Algorithmic Pricing Law

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What is algorithmic pricing? The Canadian Competition Bureau broadly defines it as “the process of using automated algorithms to set or recommend prices for products of services, often in real time, based on a set of data...more

Franczek P.C.

Federal Appellate Court Finds that School Board President Violated First Amendment in Restricting Followers on Social Media

Franczek P.C. on

The U.S. Court of Appeals for the Ninth Circuit, which governs federal districts in the West/Northwest, recently held that a California school board member violated the First Amendment when blocking users’ ability to access...more

Dorsey & Whitney LLP

The Supreme Court Update - June 27, 2025

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Today, on the last day of the 2024-2025 term, the Supreme Court of the United States issued five decisions: Trump v. CASA, Inc., No. 24A884: This case addresses whether district courts had the authority to issue...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Uses Context to Draw Line on “True Threats” Evidence

Patterson Belknap Webb & Tyler LLP on

In United States v. Dennis, 132 F.4th 214 (2d Cir. 2025), an appeal following a trial at which the defendant represented himself pro se, the Second Circuit (Raggi, Wesley, and Kahn) clarified the extent of evidence sufficient...more

Rumberger | Kirk

Supreme Court Appears Split on Whether to Approve Religious Charter School

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On April 30, 2025, the United States Supreme Court heard oral arguments in the consolidated cases of Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond. If the...more

Sheppard Mullin Richter & Hampton LLP

Arkansas’ Kids Social Media Law: Another One Bites the Dust

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Arkansas’ second attempt at regulating minor’s access to social media – in the form of the Social Media Safety Act (SB 689) – has again been struck down as unconstitutional. The court permanently enjoined the state from...more

Husch Blackwell LLP

State-By-State Guide to Ag-Gag Legislation - April 7 2025

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Several states have made attempts to provide the animal production industry protection against unlawful interference by enacting so-called Ag-Gag laws. A wave of litigation is challenging these laws as unconstitutional,...more

Husch Blackwell LLP

Federal Judge Upholds Iowa Ag-Gag Law in Constitutional Challenge

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On March 19, 2025, U.S. District Court Judge Stephanie Rose of the Southern District of Iowa determined that Iowa Code § 727.8A—a law passed in 2021 that prohibits unauthorized access to private property in order to record...more

Littler

Federal District Court Temporarily Enjoins DEI Certification Provision for DOL Grant Recipients

Littler on

On March 27, 2025, a judge for the Northern District of Illinois granted a temporary restraining order (TRO) against the DEI Certification and Termination Provisions authorized by President Trump’s Executive Orders 14151 and...more

BCLP

Missouri House of Representatives Passes HB 575, Imposing Residency Requirements and Banning Per-Signature Payments for Initiative...

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Today, the Missouri House of Representatives passed House Bill 575, which contains two new provisions applicable to statewide initiative petition circulators....more

Holland & Hart LLP

New Rules for Public Employers, Courtesy of the Wyoming Legislature

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The Wyoming Legislature has wrapped up its 2025 session, but not before adopting several new laws governing public employers. Three of these laws were not specifically drafted as employment laws, but will have significant...more

Hinckley Allen

Connecticut Supreme Court Protects Free Speech in Online Racism Dispute

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Amidst an increasingly polarized social climate that often manifests on social media, the Connecticut Supreme Court recently affirmed that calling someone on Facebook a “racist” or “white supremacist” could not be the basis...more

Seyfarth Shaw LLP

Federal Contractor DEI Certifications Allowed to Resume After Fourth Circuit Temporarily Blocks District Court's Nationwide...

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On March 14, 2025, the Fourth Circuit reversed a lower court's nationwide injunction that blocked key portions of President Trump's January 2025 Executive Orders on DEI programs. While the appeal is pending, federal agencies...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fourth Circuit Reopens Trump DEI-Related Executive Orders, Halts Preliminary Injunction

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On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit granted the government’s request to stay a Maryland federal judge’s nationwide preliminary injunction that had blocked key portions of the president’s...more

Dorsey & Whitney LLP

The Supreme Court Update - March 10, 2025

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Today, the Supreme Court of the United States granted certiorari in two cases: Berk v. Choi, No. 24-440: Many states, including Delaware in this case, have “affidavit of merit” statutes that require certain types of...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

Sheppard Mullin Richter & Hampton LLP

Mandatory Captive Rules in Limbo for California Employers – 2 Federal Lawsuits Challenge SB 399 and Looming Issue Before the NLRB

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As discussed in our recent article, the introduction of SB 399 in California (approved and added as California Labor Code section 1137) sparked significant discussion and concern among California employers with union...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Judge Denies Bid to Stay Preliminary Injunction Blocking President Trump’s DEI-Related Executive Orders

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On March 3, 2025, a federal judge in Maryland refused to halt a preliminary injunction blocking key parts of two of President Donald Trump’s executive orders (EO) seeking to eliminate “illegal” diversity, equity, and...more

Kilpatrick

Federal Court Enjoins Significant Aspects of the Trump Administration DEI Executive Orders

Kilpatrick on

As we reported on January 21, 2025, and January 29, 2025, the Trump Administration issued Executive Orders targeting diversity, equity and inclusion (“DEI”) initiatives in the federal government and private sector, namely...more

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