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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... 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 -
PilieroMazza PLLC

DEI Executive Orders Partially Blocked: What’s In and What’s Out, For Now . . .

PilieroMazza PLLC on

On February 21, 2025, a federal court preliminarily blocked the Trump administration from enforcing key provisions of the recent executive orders (EOs) to eliminate “illegal” diversity, equity, and inclusion (DEI) programs...more

DLA Piper

President Trump’s DEI Executive Orders: Recent Developments for Employers to Know

DLA Piper on

Following President Donald Trump’s January 21, 2025 Executive Order (EO) titled, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” recent federal developments may impact how companies approach their...more

Wiley Rein LLP

Maintaining Civility Post-Election – Guardrails on Employee Political Speech

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Election season is officially over, but the tension surrounding discussions about the candidates and the issues in American society is unlikely to end soon. That tension is extending beyond dinner tables and social...more

Kohrman Jackson & Krantz LLP

TikTok on the Chopping Block: Will the U.S. Ban the Popular Social Media App?

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On September 16, 2024, the U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments in the seminal case of TikTok, Inc. v. Garland, which centers around the potential ban of TikTok under the Protecting...more

Mintz - ML Strategies

Twitter, Facebook, Google Heads Testify on Section 230 and Local Journalism

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On Wednesday, October 28, the Senate Committee on Commerce, Science and Transportation held a much-anticipated hearing titled, “Does Section 230’s Sweeping Immunity Enable Big Tech Bad Behavior?” The witness line-up featured...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - July 2020

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In this month's edition, we examine the Court of Justice of the European Union's decision invalidating the EU-U.S. Privacy Shield framework, as well as the U.S. government's response to the decision. We also examine two...more

Sunstein LLP

Humvee Goes Into Battle: Will Its Trademarks Leave Tread Marks on Video Game Makers?

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The realism of video games is intensified by the inclusion of products and brands we recognize from daily life. Can the thrill of such verisimilitude coexist alongside the rights of trademark owners?...more

Pillsbury - Internet & Social Media Law Blog

The “Commander-in-Tweet” Returns: When a Social Media Account Creates a Public Forum, Critics Get to Stay

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Two years ago, we wrote about a possible First Amendment challenge involving Donald Trump’s practice of blocking certain Twitter users from his @realDonaldTrump account. ...more

Burr & Forman

Ninth Circuit Finds that the TCPA Debt Collection Exception Violates the First Amendment

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Last month, in Duguid v. Facebook, Inc., 17-15320, 2019 WL 2454853 (9th Cir. June 13, 2019), the United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) held that the debt collection exception to the Telephone...more

Foster Garvey PC

Short-Term Rental Update: HomeAway and Airbnb lose the battle against Santa Monica; Blueground gains traction

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HomeAway and Airbnb Lose the Battle Against Santa Monica - ("Airbnb Loses Major Fight Over California City's Rental Law," Bloomberg Quint - Stories on Mar 13, 2019) On March 13, the Ninth Circuit ruled against HomeAway and...more

Kelley Drye & Warren LLP

Trump Uses First Amendment To Avoid Liability In Defamation Action

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October 15, 2018 – Blanketing Himself In First Amendment Protections, Trump Wins Dismissal of Stormy Daniels’ Defamation Suit - October 16, 2018 – Prominent Nonprofit Sues Trump For Using His Presidential Powers To Violate...more

FordHarrison

Can’t Block This!—Best Practices for Your Company’s Social Media Policy

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Federal Judge Naomi Reice Buchwald ruled that President Trump could not block certain Twitter users from viewing his tweets, and that doing so was in violation of the U.S. Constitution. ...more

Zuckerman Spaeder LLP

Can You Fire Someone For Racist Tweets?

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On May 29, Roseanne Barr posted a tweet comparing former Obama adviser Valerie Jarrett to an ape. ABC’s reaction was swift and decisive: it fired Barr and cancelled her show. ABC’s decision led to pontification from...more

Fish & Richardson

First Amendment 2 – Lanham Act 0: Federal Circuit Holds Lanham Act Prohibition on Immoral and Scandalous Marks Is Unconstitutional...

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In the wake of the In re Tam decision by the U.S. Supreme Court, on December 15, 2017, the Federal Circuit held that the Lanham Act Section 2(a) prohibition on the registration of immoral and scandalous marks is a...more

Fenwick & West LLP

Court Says Glassdoor Must Disclose Anonymous Reviewers’ Information in Grand Jury Proceedings

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In a case with free speech implications, the U.S. Court of Appeals for the Ninth Circuit on November 8, 2017, affirmed the denial of Glassdoor, Inc.’s motion to quash a grand jury subpoena for the identities of the Glassdoor...more

Payne & Fears

Politics in the Workplace: Do NFL Players Have Freedom of Speech to Protest at Games?

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It’s nearly impossible to turn on the TV and not hear something about the NFL player protests and whether such actions are protected speech under the First Amendment. While these protests started last season, they have grown...more

Kelley Drye & Warren LLP

Racism in Your Spare Time: What Are The Legal Limits for Employers?

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On Saturday, August 12, as the nation watched, protests in Charlottesville, Virginia regarding the anticipated removal of a statue of Confederate general Robert E. Lee turned deadly. In the days and weeks after, both the...more

Tucker Arensberg, P.C.

Federal Court rules that Elected Official Violated First Amendment when Banning Commenter on the Official’s Public Facebook Page

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The District Court for the Eastern District of Virginia issued a recent decision that that should remind public officials and employees that if they have social media websites (Facebook, Twitter, etc.), the websites may be...more

Jones Day

Siding with The Slants: Ban on Disparaging Marks Held Unconstitutional

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Asian rock band The Slants is no longer "The Band Who Must Not Be Named," as they titled their most recent album. On June 19, 2017, the United States Supreme Court decided Matal v. Tam, striking a provision of the Lanham Act,...more

Fox Rothschild LLP

SCOTUS Strikes Down Disparaging Trademark Ban

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On June 19, 2017, the United States Supreme Court issued its long-anticipated ruling in the Lee v. Tam trademark dispute involving the rock band, The Slants. As detailed in an earlier blog post, the legal issue faced by the...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

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A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

McDermott Will & Emery

Supreme Court to Review Registrability of Disparaging Trademarks

McDermott Will & Emery on

On September 29, 2016, the Supreme Court of the United States granted a petition for certiorari to consider the constitutionality of a provision of the US trademark laws directed to the registrability of disparaging...more

Mintz - Trademark & Copyright Viewpoints

The SLANTS Trademark Will Play One More Gig: U.S. Supreme Court to Decide Constitutionality of Ban on Disparaging Trademarks

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The U.S. Supreme Court announced today that it will review whether the U.S. Trademark Office can deny registration of offensive trademarks or whether such prohibition violates the First Amendment. The dispute affects the...more

Holland & Knight LLP

Politics in the Workplace: What Must Employers Allow?

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Everyone has experienced both "workplace politics," in which Type A employees claw their way to the top at the expense of co-workers, and "politics in the workplace," in which employees discuss candidates for office and...more

Jackson Walker

Another Successful First Amendment Challenge to the Prohibition of Off-Label Promotion for FDA-Approved Drugs: Part Two

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The Free Speech Clause notched another victory in the latest and, perhaps, final chapter of the lawsuit between the FDA and Amarin Pharma, Inc. concerning off-label marketing of an FDA-approved drug. On March 8, 2016, the FDA...more

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