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First Amendment › State and Local Government › Appellate Courts

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 -
McDermott Will & Schulte

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

McDermott Will & Schulte on

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

Paul Hastings LLP

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

Paul Hastings LLP on

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

Proskauer - Proskauer For Good

First Circuit Upholds Right to Secretly Record Police in Public

Proskauer - Proskauer For Good on

On December 15, 2020, the U.S. Court of Appeals for the First Circuit affirmed the grant of summary judgment in favor of our clients, holding the Massachusetts Wiretap Statute (Mass. Gen. L. ch. 272, § 99) unconstitutional...more

Perkins Coie

Anti-SLAPP Motion May Not Be Based on Speech Activities Merely Incidental to Asserted Claims

Perkins Coie on

An anti-SLAPP motion was properly denied because the claims for damages arose from breach of contract and tort actions, not from any protected First Amendment activity. Oakland Bulk and Oversized Terminal, LLC v City of...more

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