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Free Speech

Vedder Price

Fifth Circuit Holds that Drag Show is Expressive Conduct Protected Under First Amendment

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In a significant First Amendment ruling, the Fifth Circuit in Spectrum WT v. Wendler held that a drag show hosted by an LGBTQ+ student organization at West Texas A&M University qualifies as expressive conduct. The decision...more

Venable LLP

Defamation on the Rise and Anti-SLAPP Protections at Risk: Lee Brenner and David Fink Featured in The Recorder

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In a recent interview with The Recorder, Venable partners Lee Brenner and David Fink, based in Los Angeles, weighed in on two major developments shaping today’s defamation litigation landscape: the sharp increase in...more

TNG Consulting

Would You Sacrifice One Faculty Member to Protect Hundreds of Millions in Federal Funds?

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Law Professor Ramsi Woodcock was suspended from teaching at the University of Kentucky (UK) and barred from campus for posting a “Petition for Military Action Against Israel” on a website he manages. Eli Capilouto, president...more

Herbert Smith Freehills Kramer

Antitrust Regulation in the Marketplace of Ideas

Contrary to some early predictions, the Trump administration appears committed to vigorous enforcement of the antitrust laws. While the Antitrust Division of the Department of Justice and the Federal Trade Commission (FTC)...more

Franczek P.C.

School District Wins Appeal in Teacher’s First Amendment Challenge

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On August 23, 2025, the Seventh Circuit Court of Appeals affirmed an earlier ruling for Township High School District 211 in Hedgepeth v. Britton, et al., concerning the district’s dismissal of a high school teacher in...more

BCLP

Appeals Court Denies Challenge to SEC Rule Requiring Settling Parties not to Deny Liability

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The SEC’s longstanding practice of requiring settling parties not to deny the charges against them, denounced as the “gag rule” by critics, recently withstood another legal challenge. ...more

Klein Moynihan Turco LLP

Federal Court Moonwalks Over West Virginia’s Daniel’s Law

While the United States Court of Appeals for the Third Circuit (“Third Circuit”) weighs the constitutionality of New Jersey State’s Daniel’s Law, a West Virginia federal court recently opined on the constitutionality of its...more

Troutman Pepper Locke

West Virginia’s Daniel’s Law Held Facially Unconstitutional

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The decision is the first to find a Daniel’s Law unconstitutional based on First Amendment grounds and could impact ongoing litigation against hundreds of companies challenging similar laws....more

Katten Muchin Rosenman LLP

A (Byrne &) Storm is Brewing – Do Not Ignore the Online Safety Act’s International Reach

Earlier this year, as deadlines for online platforms passed to implement highly effective age verification and to conduct risk assessments, we wrote extensively about Ofcom’s ramp up of enforcement programme and their flurry...more

Kerr Russell

Is Denaturalization Now a Political Weapon?

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On June 11, 2025, the U.S. Department of Justice issued an internal memorandum on Civil Division enforcement priorities that included denaturalization as a top 5 priority. The priorities laid out in the DOJ internal...more

Kohrman Jackson & Krantz LLP

First Amendment Push-Me Pull-You: New Hurdles to Examining Digital Content Privately

The digital landscape has always posed a twin challenge: how to protect children online while also preserving robust free speech rights for adults consistent with the First Amendment. This tension reached a logical zenith...more

Nilan Johnson Lewis PA

Eighth Circuit’s Ruling on Gender-Affirming Care for Minors Has Broad Implications for Healthcare Providers

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The Eighth Circuit Court of Appeals, in Brandt v. Griffin, has upheld Arkansas’s Act 626, which bans gender-affirming medical care for minors. This ruling follows the Supreme Court’s decision in United States v. Skrmetti,...more

Hogan Lovells

A win for online speech in Patterson v. Meta

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On July 28, 2025, a New York state appellate court ruled that Section 230 of the Communications Act of 1934 bars claims against online platforms based on user-generated content made accessible through the platforms'...more

Lowenstein Sandler LLP

Considerations from America’s AI Action Plan

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On July 23, the White House released “America’s AI Action Plan” (the Plan), a comprehensive federal strategy aimed at ensuring the United States achieves and maintains global leadership in artificial intelligence (AI)....more

Baker Botts L.L.P.

President Releases "America's AI Action Plan"

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On July 23, 2025, the White House released America’s AI Action Plan, a comprehensive strategy designed to secure U.S. global dominance in artificial intelligence (AI). The plan, developed under the direction of President...more

Perkins Coie

Free Speech Coalition v. Paxton: What the Supreme Court’s Age Verification Decision Could Mean for All Websites—Not Just Adult...

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On June 27, 2025, the United States Supreme Court weighed in on the ongoing debate about age verification requirements for websites, holding that it is constitutional for a state to require websites that have a significant...more

Kohrman Jackson & Krantz LLP

C.S. v. McCrumb and Ohio’s New Expulsion Law: Balancing Student Expression and School Safety

In C.S. v. McCrumb, the U.S. Court of Appeals for the Sixth Circuit addressed the scope of a public school’s ability to restrict student expression on-campus, particularly when that expression involves politically charged,...more

Paul Hastings LLP

White House Releases AI Action Plan: "Winning the Race: America's AI Action Plan"

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On July 23, the White House released its strategic action plan on AI, “Winning the Race: America’s AI Action Plan” (the AI Action Plan), which is designed to secure U.S. global leadership in AI with a strategic focus on...more

Morrison & Foerster LLP - Social Media

Social Links: Warnings, Watch Time, and Ghosts in the Feed

YouTube TV is thriving, and its rivals want a piece of the action. Recently, media ratings giant Nielsen confirmed that YouTube is now not only the most-watched streaming service in the United States, but also the...more

Mintz

What’s in Your Wallet: National Retail Federation Files Suit Against New York Algorithmic Pricing Law

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What is algorithmic pricing? The Canadian Competition Bureau broadly defines it as “the process of using automated algorithms to set or recommend prices for products of services, often in real time, based on a set of data...more

Stinson LLP

IRS Permits Politics from the Pulpit

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In a joint motion filed on July 7 in the U.S. District Court for the Eastern District of Texas, the Internal Revenue Service (IRS) stated that religious organizations may speak about political campaigns and candidates to...more

Venable LLP

When Do Opinions Become Defamation?

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Statements of pure opinion are not actionable as defamation, as they do not imply facts capable of being proven true or false. Qureshi v. St. Barnabas Hosp. Ctr., 430 F. Supp. 2d 279, 288 (S.D.N.Y. 2006); Cochran v. NYP...more

Littler

Rhode Island Bans “Captive Audience” Meetings

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On July 2, 2025, Rhode Island Governor Daniel McKee signed into law House Bill No. 5506 SUB A.  With the stroke of a pen, Rhode Island joined the growing list of states to ban mandatory employer-sponsored meetings regarding...more

Morrison & Foerster LLP - Social Media

SCOTUS Age-Gates the Internet: Free Speech Coalition v. Paxton and the Future of Adult Content Regulation

In a ruling that could reshape how adult content is regulated online, the U.S. Supreme Court has officially age-gated the First Amendment—at least when it comes to minors. On June 27, 2025, the Court upheld a Texas law...more

Saul Ewing LLP

Pronouns and Preliminary Injunctions: Eleventh Circuit Weighs in on Employee’s Free Speech Rights in Public Schools

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The United States Court of Appeals for the Eleventh Circuit recently issued an opinion rejecting a public employee’s challenge to a Florida law that prohibits teachers from using their preferred pronouns in the classroom....more

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