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First Amendment › Regulatory Requirements

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 -
ArentFox Schiff

Federal Court Blocks Prop 65 Warning for Titanium Dioxide in Cosmetics

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In an order filed on August 12, the US District Court for the Eastern District of California ruled that California’s Proposition 65 cancer warning requirement for certain listed forms of titanium dioxide (airborne, unbound...more

Bradley Arant Boult Cummings LLP

Dark Skies for Small Businesses Caught in Social Media Net

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A new Mississippi law, known as the Walker Montgomery Protecting Children Online Act, has prompted several companies to block Mississippi IP addresses from accessing their platforms. In fact, social media company Bluesky...more

Kilpatrick

A New Age of Age Verification

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Laws that would require age verification before users can access online platforms are popping up across the county. While some laws have been found constitutional, courts are still drawing lines over what age verification...more

Akin Gump Strauss Hauer & Feld LLP

California Climate Disclosure Laws Survive Preliminary Injunction on First Amendment Challenge: Reporting Obligations Swiftly...

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On August 13, 2025, the U.S. District Court for the Central District of California denied a motion for preliminary injunction filed by a coalition of business groups seeking to halt implementation of California’s corporate...more

Procopio, Cory, Hargreaves & Savitch LLP

California’s Unique Greenhouse Gas Emissions Laws Remain in Effect—For Now

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Relief is not immediately in sight for companies subject to key California greenhouse gas emission laws. A federal court in California recently denied a motion for a preliminary injunction to pause compliance with SB-253,...more

Alston & Bird

California Climate Disclosure Laws Survive First Amendment Challenge

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Two California climate disclosure laws have withstood an attempt to block them in a lawsuit challenging their constitutionality. Our Environment, Land Use & Natural Resources Group breaks down what the federal court’s...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

Federal District Court Rejects Challenge to California's Climate Disclosure Law

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On August 13, 2025, the challenge to the State of California's mandatory climate disclosure regulations was resoundingly rejected by Judge Wright (C.D. Cal.). The preliminary injunction-- sought by the U.S. Chamber of...more

Freeman Law

Surcharges on Credit Card and Debit Card Purchases in Texas

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This Freeman Law Insights blog discusses Chapter 604A of the Texas Business and Commerce Code (“Chapter 604A”) which, as written, prohibits merchants from imposing a surcharge on a buyer who uses a debit card or a credit card...more

Fenwick & West LLP

ISS Files Suit Against Texas SB 2337

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Glass, Lewis & Co. (Glass Lewis) filed a complaint in the U.S. District Court for the Western District of Texas on July 24, 2025, seeking to end SB 2337, which was recently signed into law in June and will become effective...more

Vinson & Elkins LLP

Texas Hold ‘Em: New Law Requires Proxy Advisors to Show Their Cards if “Nonpecuniary” Factors Guide Voting Recommendations -...

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On June 20, 2025, Texas Governor Greg Abbott signed Senate Bill 2337 (“SB 2337”), a novel regulation that will require significant disclosure obligations for proxy advisors, such as ISS and Glass Lewis, for their voting...more

Brownstein Hyatt Farber Schreck

The First Amendment and Direct-to-Consumer (DTC) Prescription Drug Ads

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Department of Health and Human Services Secretary Robert F. Kennedy, Jr. has made no secret of his disdain for television advertisements for prescription drugs. As a presidential candidate, he promised to ban those ads by...more

BakerHostetler

Washington State Broadly Criminalizes All Malicious Deepfakes, Expanding on Existing Deepfake Regulation

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On April 16, Washington state added a new law to the growing patchwork of state, federal and international laws aimed at curbing the malicious use of artificial intelligence (AI)-generated deepfakes. ...more

HaystackID

U.S. Visa Restrictions Signal New Era of Cross-Border Data Governance Challenges for Legal and Compliance Professionals

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The intersection of international diplomacy and digital governance has reached a critical inflection point with the U.S. State Department’s groundbreaking visa restriction policy announced May 28, 2025. Under Secretary of...more

Greenbaum, Rowe, Smith & Davis LLP

Federal Court Dismisses Constitutional Challenge to New Jersey’s Telehealth Law

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On May 12, 2025, the U.S. District Court for the District of New Jersey entered a decision dismissing a lawsuit filed by a Massachusetts radiation oncologist and a Pennsylvania neurosurgeon, which claimed New Jersey’s...more

Kelley Drye & Warren LLP

Missouri Attorney General Introduces New Rule Requiring Social Media Companies to Offer Competitor Content Moderators

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Utilizing regulatory powers under its UDAP law, the Missouri Merchandising Practices Act (the ​“MMPA”), Missouri Attorney General Andrew Bailey announced a new rule, codified as 15 C.S.R § 60-19, that would prohibit social...more

Greenberg Glusker LLP

Court Finds Requiring Prop. 65 Warnings for Acrylamide in Food is Unconstitutional

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On May 2, 2025, the U.S. District Court for the Eastern District of California issued a landmark ruling in California Chamber of Commerce v. Bonta, Case No. 2:19-cv-02019, holding that Proposition 65 (“Prop. 65”) warning...more

Jones Day

FTC Finalizes Amendments to the Children's Online Privacy Protection Act Rule

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On April 22, 2025, the Federal Trade Commission ("FTC") published the finalized amendments to the Children's Online Privacy Protection Act ("COPPA") Rule (the "Rule"), marking the first major update since 2013....more

Greenberg Glusker LLP

Judicial Burn: Court Declares Proposition 65 Acrylamide Warning Unconstitutional

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Acrylamide, a Proposition 65-listed substance that naturally forms in the cooking and heating of many plant-based foods, has been the focus of court action over the past six years. However, companies will no longer be...more

Downey Brand LLP

Court Overturns Prop 65 Acrylamide Warning

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On May 2, a federal district court in Sacramento permanently enjoined the Prop 65 warning for acrylamide in food, finding it to be unconstitutional. At issue in the case, California Chamber of Commerce v. Bonta (E.D. Cal. No....more

Ballard Spahr LLP

Court Permanently Blocks DOL from Enforcing DEI Certification Provisions

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In our previous post, we discussed the nationwide temporary restraining order issued by the United States District Court for the North District of Illinois that temporarily prevented the Department of Labor from requiring...more

Littler

FCC Takes Aim at Media Companies’ IE&D Efforts

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Federal Communications Commission (FCC) Chair Brendan Carr recently revealed in a social media post the agency’s latest probe into various media entities’ inclusion, equity, and diversity efforts....more

Morrison & Foerster LLP - Social Media

California’s Assembly Bill 587 Loses Key Provisions After Legal Challenge from X

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California’s attempt to impose content moderation transparency requirements on social media platforms has suffered a significant setback. Last month, the state reached a settlement with X Corp. (formerly Twitter), effectively...more

Morrison & Foerster LLP - Social Media

Social Links: TikTok Tussles, Teen Privacy Push, and the Thumbs-Up That Sealed the Deal

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If you want the perfect illustration of the high-stakes world of tech acquisition, look no further than the mad scramble for TikTok. Alexis Ohanian, Reddit’s wunderkind co-founder, has joined Frank McCourt’s Project Liberty...more

Venable LLP

Laws Regulating Minors' Access to Social Media Face First Amendment Scrutiny in the Courts

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Last month, the United States District Court for the Western District of Texas enjoined parts of the state's Securing Children Online Through Parental Empowerment (SCOPE) Act, a law requiring certain digital service providers...more

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