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First Amendment › Public Accommodation › Discrimination

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 -
Kelley Drye & Warren LLP

Dershowitz v. Good Pierogi: Does Alan Dershowitz Have a Discrimination Claim for ​“PierogiGate”?

Kelley Drye & Warren LLP on

Alan Dershowitz, retired Harvard Law professor and former attorney for Jeffrey Epstein and President Trump, has made some headlines over the past week over his feud with a pierogi vendor on Martha’s Vineyard. According to...more

Parker Poe Adams & Bernstein LLP

EEOC Reminds Employers of Limits on Workplace Proselytizing

Parker Poe Adams & Bernstein LLP on

The U.S. Supreme Court recently held that the First Amendment’s guarantee of free speech protects a business from antidiscrimination laws when that company acts in accordance with its owner’s professed beliefs. ...more

Constangy, Brooks, Smith & Prophete, LLP

2.6 million reasons to keep the 303 Creative holding in perspective

Constangy, Brooks, Smith & Prophete, LLP on

On July 16, Time (the publisher I once knew as Time Magazine) posted an article titled “The Implications of the Supreme Court’s 303 Creative Decision Are Already Being Felt.” The article says that in the first few days after...more

Littler

Express Yourself – Supreme Court Rules that Businesses May Deny “Expressive Services” to the Public Based on Their Owner’s Beliefs

Littler on

On June 30, 2023, the Supreme Court issued its decision in 303 Creative, LLC v. Elenis.  In a 6-3 opinion authored by Justice Gorsuch, a divided Supreme Court held that the First Amendment’s free speech protection bars...more

Burr & Forman

Colorado Rules Baker Cannot Refuse Service to Same-Sex Couples for Religious Reasons

Burr & Forman on

In a post last week, I discussed how some believe Tennessee’s version of the Religious Freedom Restoration Act (“RFRA”) could allow Tennessee businesses to refuse service to same-sex couples despite a recent ruling that...more

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