News & Analysis as of July 28, 2025

First Amendment › Preliminary Injunctions › Commercial Speech

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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 -

Federal Court Issues Preliminary Injunction Against Iowa PBM Law, Citing ERISA Preemption and First Amendment Violations

Mintz - Health Care Viewpoints on 7/24/2025

On July 21, 2025, the U.S. District Court for the Southern District of Iowa issued a comprehensive preliminary injunction blocking enforcement of key provisions of Iowa Senate File 383 (the Act), a sweeping law aimed at...more

Oregon Ban on Home Buyers’ ‘Love Letters’ to Sellers Violates First Amendment, Federal Court Rules

Jackson Lewis P.C. on 4/13/2022

After becoming the first state to ban real estate “love letters,” Oregon’s novel law has been found to violate the First Amendment and enjoined from enforcement by a federal Court in Oregon. Total Real Estate Group v. Strode,...more

Colorado’s Pay Transparency Law Survives Preliminary Injunction: Next Steps for Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/30/2021

Colorado’s Equal Pay for Equal Work Act went into effect on January 1, 2021. The act creates significant compliance burdens for employers with even one employee in Colorado....more

Preliminary injunction issued against new Proposition 65 lawsuits for acrylamide in food & beverage

Hogan Lovells on 4/2/2021

On 29 March 2021 the United States District Court for the Eastern District of California entered a significant ruling temporarily halting the filing of new lawsuits by the California Attorney General and anyone else related...more

San Francisco City Ordinance Takes a Hard Hit in Ninth Circuit Soft Drink Lawsuit

Proskauer - Advertising Law on 2/7/2019

Can an en banc decision of a federal appellate court be controversial even when every single active judge of that court agrees with the outcome? The answer is emphatically yes, as confirmed by the Ninth Circuit’s January 31,...more

Update on Lawsuits Challenging the U.S. Department of Labor’s Fiduciary Rule

Proskauer - Employee Benefits & Executive... on 8/17/2016

As we previously reported, there are five pending lawsuits challenging the U.S. Department of Labor’s new fiduciary rule. Our Client Alert on the new rule outlines the significance of the rule and the implications of the...more

Warning Labels Suit Not Suitable for Preliminary Injunction

Morrison & Foerster LLP - Class Dismissed on 7/18/2016

In American Beverage Association v. City and County of San Francisco, No. 3:15-cv-03415-EMC, decided on May 17, 2016, Northern District Judge Edward Chen denied a preliminary injunction against enforcement of a San Francisco...more

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

Jackson Walker on 8/27/2015

The Free Speech Clause of the First Amendment prevailed in the latest challenge to the FDA's prohibition against marketing FDA-approved drugs for off-label (or non-FDA-approved) uses. Applying the Second Circuit’s...more

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