ABA Journal

First Amendment

2506 ABA Journal First Amendment articles.

DeSantis violated Florida Constitution by suspending prosecutor, but federal court can’t act, judge says

A federal judge in Florida has ruled that the 11th Amendment prevents him from ordering the reinstatement of a reform prosecutor suspended by Republican Florida Gov. Ron DeSantis.

Judge sanctions Trump and his lead lawyer nearly $1M for ‘pattern of misuse of the courts’

A federal judge in West Palm Beach, Florida, has sanctioned former President Donald Trump and his lead lawyer nearly $1 million for a lawsuit filed against Hillary Clinton and other defendants claiming “a malicious conspiracy” to spread false information and rig the 2016 presidential election.

Supreme Court will hear case of convicted stalker to decide mental state needed for ‘true threats’ conviction

The U.S. Supreme Court has agreed to consider what kind of mental state a speaker must have to be convicted for “true threats” that aren’t protected by the First Amendment.

Supreme Court considers Title VII accommodation for Christian postal worker who wouldn’t work on Sundays

The U.S. Supreme Court agreed Friday to decide the case of a Christian postal worker who quit his job after he was disciplined for refusing to work on Sundays for religious reasons.

Supreme Court leaves in place New York gun restrictions during appeals

New York’s new concealed-carry restrictions remain in place during appeals as a result of an order Wednesday by the U.S. Supreme Court.

Chemerinsky: Expect another wave of significant rulings as the Supreme Court returns

Sometimes an especially momentous U.S. Supreme Court term is followed by a quieter year with fewer blockbuster decisions. But that is not what we should expect when the court hands down its rulings for this term in spring 2023. Once more, the court’s docket is filled with cases of great legal and social importance that will profoundly affect the lives of many people.

Berkeley Law dean thinks school is on ‘strong legal ground’ after student groups ban Zionist speakers

Erwin Chemerinsky, the dean of the University of California at Berkeley School of Law, said he will cooperate in an investigation spurred by a ban on Zionist speakers by several student groups.

10th Circuit upholds sanctions for lawyers who filed election suit on behalf of every US voter

A federal judge had the inherent power to order sanctions against two lawyers for their lawsuit alleging that a voting machine company, Facebook and other defendants violated the constitutional rights of every person registered to vote in the 2020 presidential election.

Supreme Court will consider ban on encouraging illegal immigration in case of ‘adult adoption’ promoter

The U.S. Supreme Court agreed Friday to consider the constitutionality of a law making it a crime to encourage or induce illegal immigration for commercial advantage or private financial gain.

Law students and professor who oppose same-sex marriage settle speech case with school

A First Amendment action brought against the University of Idaho by Christian Legal Society members who believe the Bible rejects same-sex marriage has settled for $90,000.

Suspended lawyer can’t reveal what happened to missing wife of former client, appeals court says

An Illinois appeals court has upheld a gag order preventing suspended lawyer Joel A. Brodsky from revealing what happened to the missing fourth wife of a former client.

Law prof sues over New York law requiring bloggers and websites to address online hate speech

A blogging law professor is a plaintiff in a lawsuit claiming that a New York law pressures bloggers and websites to remove hate speech that is protected by the First Amendment.

Federal appeals court considers whether driver has right to livestream traffic stop on Facebook

A federal appeals court is considering whether a Black man who says he broadcasts his interactions with police for his protection had the right to livestream a traffic stop on Facebook.

Supreme Court majority seems ready to rule for web designer who won’t make websites for same-sex weddings

A conservative majority of the U.S. Supreme Court appeared Monday to support a web designer who refuses to create custom websites for same-sex weddings because of religious objections.

Is designer’s refusal to create website for same-sex wedding free speech or illegal discrimination?

The case of 303 Creative v. Elenis is about whether the Colorado Anti-Discrimination Act violates the First Amendment free speech rights of Lorie Smith and her wholly owned design firm.

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