First Amendment

2294 ABA Journal First Amendment articles.

Threats of sham lawsuit against well-known singer constitute a crime, 9th Circuit says

Threats of baseless litigation can amount to extortion under the Hobbs Act, the 9th U.S. Circuit Court of Appeals at San Francisco ruled Tuesday.

Apr 16, 2021 11:56 AM CDT

Suit says disciplinary counsel was wrongly fired for pro-Trump tweets about Muslims

A former disciplinary counsel in Tennessee says he was fired for the content of political tweets, rather than his conduct in the job.

Apr 7, 2021 11:31 AM CDT

Supreme Court’s most pro-religion justices since WWII sit on the current court, new study says

The U.S. Supreme Court has supported religion in 81.3% of the religious cases under the leadership of Chief Justice John G. Roberts Jr., a big jump from prior years.

Apr 6, 2021 9:33 AM CDT

Can Congress stop Twitter from blocking users? Thomas considers idea as Supreme Court vacates Trump decision

U.S. Supreme Court Justice Clarence Thomas considered ways that Congress could regulate Twitter and other digital platforms in a concurrence Monday to the high court’s decision to vacate a decision involving former President Donald Trump.

Apr 5, 2021 1:00 PM CDT

Chemerinsky: SCOTUS weighs whether freedom of speech applies to students off campus using social media

The U.S. Supreme Court will hear its last oral arguments of the term in April, and it will finish with a First Amendment case of potential great importance. Mahanoy Area School District v. B.L. involves whether a student can be punished for speech on social media over the weekend.

Apr 1, 2021 9:07 AM CDT

Prof who refused to use transgender student’s preferred pronouns can pursue suit, 6th Circuit rules

The Cincinnati-based 6th U.S. Circuit Court of Appeals has reinstated a First Amendment lawsuit by a public college professor in Ohio who violated school policy by refusing to use a transgender student’s preferred pronouns.

Mar 31, 2021 12:00 PM CDT

Afternoon Briefs: State supreme court limits use of bail; prosecutors in this state may face stricter discipline

California judges must consider defendant’s ability to pay when setting bail, ruling says

The California Supreme Court ruled Thursday that it is unconstitutional to keep criminal defendants behind bars simply…

Mar 26, 2021 3:14 PM CDT

Yale prof claims she was wrongly fired after tweeting about Trump, Dershowitz, shared psychosis

A law and psychiatry professor is alleging that she was fired by the Yale School of Medicine because of her critical comments about former President Donald Trump’s mental health and the likelihood that Alan Dershowitz had taken on “Trump’s symptoms by contagion.”

Mar 24, 2021 11:45 AM CDT

Afternoon Briefs: Christian baker faces trial in new bias case; city approves housing reparations

Christian baker faces new bias case

A Christian baker is facing a new bias claim after persuading the U.S. Supreme Court that a Colorado agency showed impermissible hostility to…

Mar 23, 2021 4:19 PM CDT

Sidney Powell lawyers argue no reasonable person would have accepted her stolen election claims as fact

Lawyers representing pro-Trump lawyer Sidney Powell are seeking dismissal of a defamation lawsuit by arguing that her comments about rigged voting machines are constitutionally protected political speech that no reasonable person would think are statements of fact.

Mar 23, 2021 12:56 PM CDT

Federal appeals judge blasts landmark libel ruling, says it enhances power of overwhelmingly liberal media

A federal appeals judge on Friday called on the U.S. Supreme Court to overturn the landmark libel ruling New York Times Co. v. Sullivan while chastising his colleagues for trying to stretch the decision’s actual malice standard “like a rubber band.”

Mar 22, 2021 10:42 AM CDT

State ethics officials may draft new version of lawyer-bias ban after dropping appeal of adverse ruling

Pennsylvania ethics officials have withdrawn a federal appeal that sought to reinstate an ethics rule banning lawyers from knowingly manifesting bias or engaging in discrimination in the practice of law.

Mar 19, 2021 9:42 AM CDT

Afternoon Briefs: ACLU wants lawyer’s libel lawsuit tossed; Dershowitz gives limited advice in MyPillow CEO suit

ACLU seeks dismissal of lawyer’s libel suit

The Georgia Supreme Court has agreed to consider whether a lawyer’s libel lawsuit against the American Civil Liberties Union may go to trial.…

Mar 17, 2021 4:03 PM CDT

Afternoon Briefs: States ratified ERA too late, judge says; US supports school in cheerleader’s SCOTUS case

Federal judge rules ERA ratified too late

U.S. District Judge Rudolph Contreras of the District of Columbia has ruled that the last three states to ratify the Equal Rights Amendment…

Mar 8, 2021 3:40 PM CST

Evangelizing college student can pursue First Amendment suit despite school’s policy change, SCOTUS says

The U.S. Supreme Court ruled Monday for an evangelizing college student who sought nominal damages for alleged free speech violations, even though the university changed the policy that harmed him.

Mar 8, 2021 11:45 AM CST

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