News & Analysis as of July 23, 2025

First Amendment › Religious Accommodation

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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 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 -

Supreme Court Ruling on School Curriculum Puts Focus on Religious Opt Outs

Fox Rothschild LLP on 7/2/2025

On the final day of its term, the U.S. Supreme Court ruled that public schools must accommodate parents’ religious objections to certain instructional materials — in this case, LGBTQ+-inclusive storybooks used in elementary...more

Top First Amendment Cases of the 2024-2025 Supreme Court Term

Carlton Fields on 7/2/2025

The U.S. Supreme Court in its 2024–25 term continued to robustly protect religious liberty under the First Amendment but retreated from core First Amendment principles in two cases involving the internet....more

U.S. Supreme Court Announces New Legal Standard for First Amendment Free Exercise Challenges to Curriculum and Instruction

Pullman & Comley - School Law on 7/2/2025

In a 6-3 decision with the justices split along familiar ideological lines, the United States Supreme Court held on Friday, June 27, in Mahmoud v. Taylor, 606 U.S. ___ (2025) (Case No. 24-297)...more

Religion Reigns Supreme (Again): Supreme Court Decision Concerning Religious Objections to LGBTQ+-Inclusive Texts Requires...

Miller Nash LLP on 7/1/2025

Religious freedom-based challenges to educational policies and actions have gained significant traction in recent years. Cases like Kennedy v. Bremerton School District, 597 US 507 (2022), concerning a football coach’s right...more

Supreme Court Upholds Parental Right to Opt Out of Certain School Curriculum on Religious Grounds

Parker Poe Adams & Bernstein LLP on 7/1/2025

The U.S. Supreme Court ruled on Friday, June 27, that a Maryland school district’s decision to mandate instruction using LGBTQ+-inclusive storybooks, without offering notice or opt-outs to parents, violated the First...more

Facial Hair, Firefighters, and Free Exercise

Cozen O'Connor on 6/26/2025

A single exception can now unravel your entire workplace safety policy. The Third Circuit's decision on May 30, 2025, in Smith v. Atlantic City, underscores how even minor exceptions to grooming or masking rules can expose...more

Can Common Interest Communities Ban Religious Displays On Doors And Doorframes?

Allen Matkins on 3/31/2025

The Nevada legislature is currently considering a bill, SB 201, that would restrict, with certain exceptions, an association or unit’s owner who rents or leases his or her unit from prohibiting a unit’s owner or occupant of a...more

New Rules for Public Employers, Courtesy of the Wyoming Legislature

Holland & Hart LLP on 3/28/2025

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

Navigating the Intersection of Religion and Public Schools

Parker Poe Adams & Bernstein LLP on 9/25/2023

Public school districts across the country face an October 1 deadline to certify they do not prevent constitutionally protected prayer — or else they could lose federal funding. The certification is an annual exercise,...more

Top 10 First Amendment Cases of the 2022-2023 Supreme Court Term

Carlton Fields on 7/6/2023

The Supreme Court this term elevated First Amendment values over anti-discrimination laws and stalking statutes in two important cases. The most far-reaching case, 303 Creative LLC v. Elenis, decided that a website designer...more

Religious Institutions: Update June 2023

Holland & Knight LLP on 6/22/2023

In Ratliff v. Wycliffe Assoc., Inc., No. 6:22-cv-1185-PGB-RMN, 2023 WL 3688082 (M.D. Fla. May 26, 2023), the plaintiff, a software developer, sued the defendant, a Bible translation ministry, for sex discrimination under...more

The Academic Advisor - Education Law Insights, Issue 4, April 2023

Spilman Thomas & Battle, PLLC on 5/1/2023

ChatGPT’s Impact on Education and Student Data Privacy - Data privacy professionals have characterized the data privacy risks associated with ChatGPT as a “nightmare.” In order to function, open artificial intelligence...more

Smucker’s Out of a Jam: Sixth Circuit Says Being a Federal Contractor Does Not Make You a State Actor

Bradley Arant Boult Cummings LLP on 3/21/2023

If you take on a federal contract, does that make you a state actor? No, according to a unanimous Sixth Circuit panel in Ciraci v. J.M. Smucker Company. During World War II, the Army included Smucker’s apple butter in its...more

Sixth Circuit Says Private Employers Not Subject to First Amendment Claims From Anti-Vax Workers

Parker Poe Adams & Bernstein LLP on 3/17/2023

When a social media platform bans a celebrity or politician due to violation of its rules and standards, we frequently hear that individual complain that the action violates their First Amendment rights to free speech. Every...more

First Amendment Wheel Doesn’t Stop Spinning: What Risk Managers Need to Know for the New School Year

Rumberger | Kirk on 10/11/2022

As the school year begins, a heightened focus has been placed on schools both nationally and at the local level. Schools are becoming the battlefield where some of the most high-profile cultural clashes occur, which means...more

Offsides: Supreme Court’s Ruling Against School District Requires a Restart When Thinking About Religion in the Workplace

Miller Nash LLP on 7/1/2022

The widely reported Supreme Court case Kennedy v. Bremerton School District, No. 21-418 (S. Ct. June 27, 2022) warrants all the attention it has been getting. The Court’s penalty flag against the local Washington school...more

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First Amendment › Religious Accommodation

Supreme Court Ruling on School Curriculum Puts Focus on Religious Opt Outs

Top First Amendment Cases of the 2024-2025 Supreme Court Term

U.S. Supreme Court Announces New Legal Standard for First Amendment Free Exercise Challenges to Curriculum and Instruction

Religion Reigns Supreme (Again): Supreme Court Decision Concerning Religious Objections to LGBTQ+-Inclusive Texts Requires...

Supreme Court Upholds Parental Right to Opt Out of Certain School Curriculum on Religious Grounds

Facial Hair, Firefighters, and Free Exercise

Can Common Interest Communities Ban Religious Displays On Doors And Doorframes?

New Rules for Public Employers, Courtesy of the Wyoming Legislature

Navigating the Intersection of Religion and Public Schools

Top 10 First Amendment Cases of the 2022-2023 Supreme Court Term

Religious Institutions: Update June 2023

The Academic Advisor - Education Law Insights, Issue 4, April 2023

Smucker’s Out of a Jam: Sixth Circuit Says Being a Federal Contractor Does Not Make You a State Actor

Sixth Circuit Says Private Employers Not Subject to First Amendment Claims From Anti-Vax Workers

First Amendment Wheel Doesn’t Stop Spinning: What Risk Managers Need to Know for the New School Year

Offsides: Supreme Court’s Ruling Against School District Requires a Restart When Thinking About Religion in the Workplace

The SCOTUS Kennedy v. Bremerton Decision: Where Friday Night Lights and Freedom of Religion Converge

This 'n' That In Labor And Employment Law

COVID-19 Vaccinations and Legal Considerations for Employers

25th Annual Labor & Employment Seminar - The Labor & Employment Year in Review: Is It Over Yet? West Coast Session

Religion and The Workplace (Presentation)

Three Point Shot - March 2018

[Event] Labor & Employment Law Update & Happy Hour - Oct. 15th, Los Angeles, CA

Lessons Employers Can Learn from Kentucky Clerk’s Same-Sex Marriage License Dispute

First Amendment › Religious Accommodation

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