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First Amendment › State and Local Government › Constitutional Challenges

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 -
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

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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

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...

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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

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

Winthrop & Weinstine, P.A.

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

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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

Zuckerman Spaeder LLP

Lawyer Discipline for Discriminatory Speech - A Pennsylvania Decision Raises Questions About Maryland Rule 19-308.4(e)

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A federal judge has held that Pennsylvania’s Rule 8.4(g),1 which subjects lawyers to professional discipline for engaging in discriminatory conduct, violates both the free speech clause of the First Amendment and the due...more

Keating Muething & Klekamp PLL

Ohio Supreme Court Strikes Down Billboard Tax as Unconstitutional

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The Ohio Supreme Court recently struck down a billboard tax as unconstitutional in Lamar Advantage GP Co., LLC v. Cincinnati, Slip Opinion No. 2021-Ohio-3155.  The case evaluated an excise tax placed on the installing,...more

Bass, Berry & Sims PLC

Kansas Court Rules No-Surcharge Statute Unconstitutional

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The U.S. District Court, District of Kansas recently ruled in CardX, LLC v. Schmidt, that Kansas Statute Annotated § 16a-2-403, which prohibits merchants from imposing a surcharge on customers who elect to pay via credit...more

Foley Hoag LLP - Security, Privacy and the...

First Circuit Creates Exception to Massachusetts Wiretap Statute Based on First Amendment Rights, Allows Citizens and Press to...

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The First Circuit’s recent opinion in Project Veritas Action Fund v. Rollins, upheld a challenge to the Massachusetts anti-wiretap law, Mass. Gen. Laws ch. 272, § 99, carving out an exception for certain activity protected by...more

Seyfarth Shaw LLP

Recent Federal Court Decision Upholds the Constitutionality of NYC Pandemic-Related Legislation Affecting Commercial Leases

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The United States District Court for the Southern District of New York recently found that three laws enacted by the City of New York in response to the COVID-19 pandemic were constitutional, and dismissed a challenge to the...more

Farrell Fritz, P.C.

Federal Court Reviewing Town of Oyster Bay’s Rules of Decorum for Public Meetings

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In response to a resolution passed by the Oyster Bay Town Board on October 6, 2020, that purports to create rules of decorum at Town Board meetings and seeks to prohibit inappropriate behavior during board meetings, a Town...more

Littler

Pennsylvania Federal Judge Finds Governor Wolf’s Pandemic Restrictions Unconstitutional

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Pennsylvania’s gathering limitations, business shutdown and stay-at-home orders violate the United States Constitution, according to a federal judge in the Western District of Pennsylvania, who enjoined enforcement of those...more

Seyfarth Shaw LLP

New Laws Enacted by the New York City Council Purport to Limit Landlord’s Rights Under Certain Leases

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On May 26, 2020, two bills recently passed by the New York City Council were signed into law by New York City Mayor Bill de Blasio. The new laws, among other things, restrict Landlord’s rights under existing commercial leases...more

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