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First Amendment State and Local Government

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 -
Pillsbury - Gravel2Gavel Construction & Real...

Federal Court Halts Enforcement of Texas SB 2337 Regarding Proxy Advisor Disclosure of ESG or Other “Nonfinancial” Considerations

Enacted earlier this year and scheduled to take effect September 1, SB 2337 would impose new disclosure obligations on proxy advisory firms issuing recommendations regarding Texas-based public companies, including a...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

Jones Day

Companies Join the Fray in the Battle of the Proxy Advisors v. Texas

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On June 20, 2025, Texas passed SB 2337, a first-of-its-kind regulation of proxy advisors such as ISS and Glass Lewis. SB 2337 requires proxy advisors to, among other things, disclose when their recommendations are based, in...more

Beveridge & Diamond PC

California Wins Key Victory in Ongoing Challenge to Its Climate Disclosure Laws

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Key Takeaways - What is Happening? On August 13, 2025, the U.S. District Court for the Central District of California (the District Court) denied the motion for a preliminary injunction filed by the United States Chamber of...more

McDermott Will & Schulte

Fourth Circuit strikes down Maryland’s digital ad tax “pass-through” ban

Maryland’s attempt to stop businesses from telling customers about a controversial tax has hit a constitutional wall. On August 15, 2025, the US Court of Appeals for the Fourth Circuit ruled that the state’s “pass-through”...more

Latham & Watkins LLP

Federal Court Rejects Preliminary Injunction Against California Climate Disclosure Laws

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The ruling allows implementation of the laws while First Amendment litigation proceeds on the merits....more

Jones Day

Court Upholds California Climate Disclosure Laws—for Now

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On August 13, 2025, the U.S. District Court for the Central District of California denied the U.S. Chamber of Commerce’s motion for a preliminary injunction seeking to halt enforcement of SB 253 (emissions disclosure) and SB...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

Steptoe & Johnson PLLC

U.S. Supreme Court Supports Religious Exemption for Catholic Charities in Wisconsin

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The U.S. Supreme Court (SCOTUS) recently determined that religious discrimination occurs when legal criteria discriminate between religions based on their “theological practices” or “inherently religious choices” as opposed...more

Nossaman LLP

Compliance Notes, Vol. 6, Issue 15 - July 2025

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Campaign Finance & Lobbying Compliance Maine: A federal judge struck down Maine’s 2024 voter-approved law capping contributions to super PACs at $5,000 and requiring disclosure of all donors contributing to independent...more

Paul Hastings LLP

Regulating Proxy Advisors: Court Rules Advice Is Not a ‘Solicitation’ and Texas Enacts Its Own Law

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On July 1, 2025, the U.S. Court of Appeals for the District of Columbia Circuit ended more than five years of uncertainty and confusion by ruling that proxy voting advice issued by proxy advisors is not a “solicitation” under...more

Troutman Pepper Locke

Solicitors General Insights: The Tale of Two Washingtons — Regulatory Oversight Podcast

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In this episode of our special Regulatory Oversight: Solicitors General Insights series, Jeff Johnson is joined by District of Columbia Solicitor General Caroline Van Zile and Washington Solicitor General Noah Purcell to...more

Epstein Becker & Green

ACLU Sues Tennessee Over Immigration Law Making it a Felony to Vote for Sanctuary City Policies

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In February 2025, Tennessee Governor Bill Lee signed a bill into law strengthening immigration enforcement in the state....more

Adams & Reese

Split U.S. Supreme Court Decision Leaves Religious Charter School Ban Intact

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On May 22, 2025, the U.S. Supreme Court issued a per curiam decision in Oklahoma Statewide Charter School Board v. Drummond, resulting in a 4-4 split due to the recusal of Justice Amy Coney Barrett. The Court’s split decision...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Louisiana Community Air Monitoring Reliability Act: Environmental Organizations File Challenge in United States District Court...

The Environmental Integrity Project and Public Citizen Litigation Group (collectively, “EIP”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Middle District...more

Akin Gump Strauss Hauer & Feld LLP

Establishment of the Religious Liberty Commission (Trump EO Tracker)

Establishes Religious Liberty Commission (Commission) with the stated intent of protecting the free exercise of religion. The Commission shall be composed of up to 14 members appointed by the President and shall include...more

Rumberger | Kirk

Supreme Court Appears Split on Whether to Approve Religious Charter School

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On April 30, 2025, the United States Supreme Court heard oral arguments in the consolidated cases of Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond. If the...more

Husch Blackwell LLP

State-By-State Guide to Ag-Gag Legislation - April 7 2025

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Several states have made attempts to provide the animal production industry protection against unlawful interference by enacting so-called Ag-Gag laws. A wave of litigation is challenging these laws as unconstitutional,...more

Holland & Hart LLP

New Rules for Public Employers, Courtesy of the Wyoming Legislature

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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

Snell & Wilmer

Rule 4.2 Amended to Allow for Direct Government Communications

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Effective as of January 1, 2025, Arizona has made a major change to its ethical rules that could open new doors for businesses, developers, and advocacy groups dealing with government agencies. The Arizona Supreme Court’s...more

Winthrop & Weinstine, P.A.

Minnesota Federal Judge Permanently Enjoins Enforcement of Minnesota's 2023 Foreign Influence Campaign Finance Statute

This morning Judge Eric Tostrud in the District of Minnesota issued an order in the case captioned Minnesota Chamber of Commerce v. John Choi, et al permanently enjoining certain provisions found in Minnesota Statute 211B.15...more

Mintz

California Climate Disclosure Laws Survive Significant Challenge

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Judge Wright (C.D. Cal.) has significantly narrowed the Chamber of Commerce's lawsuit challenging California's climate disclosure laws. (These disclosure laws mandate disclosure of Scope 1, Scope 2, and Scope 3 greenhouse...more

Nossaman LLP

Compliance Notes - Vol. 6, Issue 1

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Campaign Finance & Lobbying Compliance California: The City of Oxnard, California’s 2020 campaign finance limitations violate the First Amendment because the provisions—which appear to target a political outsider—are not...more

Skadden, Arps, Slate, Meagher & Flom LLP

Sixth Circuit Temporarily Stays Preliminary Injunction Against Ohio Foreign National Ban

On September 24, 2024, the U.S. Court of Appeals for the Sixth Circuit temporarily stayed a preliminary injunction, previously issued by the U.S. District Court for the Southern District of Ohio, against a portion of Ohio’s...more

McAfee & Taft

Talking politics: Is political speech in the workplace legally protected?

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With another presidential election only a few months away, escaping coverage and conversations about candidates and campaigns seems nearly impossible. While there is nothing new about political coverage increasing during an...more

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