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First Amendment › Unconstitutional Condition › 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

Husch Blackwell LLP

Ninth Circuit Issues Opinion on Constitutionality of California’s AADC

Husch Blackwell LLP on

Keypoint: The appellate court ruled that the California Age-Appropriate Design Code Act’s impact assessment provision is unconstitutional and remanded the case back to the trial court to consider the constitutionality of the...more

Paul Hastings LLP

Supreme Court Holds That First Amendment Free Speech Right Trumps State Antidiscrimination Law

Paul Hastings LLP on

On June 30, 2023, the U.S. Supreme Court issued its decision in 303 Creative LLC v. Elenis. In a 6-3 opinion, the Supreme Court held that the First Amendment prohibits Colorado from compelling a website designer to engage in...more

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