First Amendment

2260 ABA Journal First Amendment articles.

New York attorney general sues over NYPD’s alleged use of ‘excessive force’ against protesters
New York Attorney General Letitia James filed a lawsuit Thursday alleging that the New York City Police Department used "excessive force" against peaceful racial justice protesters last year.
Afternoon Briefs: Law dean Chemerinsky opposes Trump Twitter ban; safe injection site shot down

Law dean Erwin Chemerinsky opposes Trump Twitter ban

Twitter and Facebook had the right to remove posts by President Donald Trump that amounted to incitement, but a total ban on…

Could Trump face charges for speech before Capitol riot? Experts differ on Brandenburg impact
Could a 1969 case involving a Ku Klux Klan leader protect President Donald Trump from incitement charges in connection with the Jan. 6 riot on the U.S. Capitol?
SCOTUS will consider challenges to charitable donor disclosure requirements
The U.S. Supreme Court on Friday agreed to hear a challenge to a California requirement for charities to disclose names and addresses of major donors.
Supreme Court agrees to hear First Amendment case of suspended cheerleader
The U.S. Supreme Court on Friday agreed to decide whether a school district can punish students for off-campus speech.
Afternoon Briefs: SCOTUS will consider cheerleader’s First Amendment case; former AG dies at 88

Supreme Court asked to weigh in on student’s discipline over social media

At its first private conference after the holiday break, the U.S. Supreme Court will decide this week whether…

Afternoon Briefs: 10 states file antitrust suit against Google; SCOTUS sides with churches

Antitrust suit targets Google as ad middleman

Texas and nine other states have filed an antitrust lawsuit against Google that contends that the search engine company suppressed competition in…

Standing issue keeps SCOTUS from ruling on state requirement for politically balanced courts
A Delaware lawyer didn’t have standing to challenge a state requirement for political balance and major-party judges on the state’s top courts, the U.S. Supreme Court has ruled.
Supreme Court rules for Muslim men seeking damages for alleged no-fly-list retaliation
The U.S. Supreme Court ruled Thursday that federal officials can be liable for money damages in their individual capacities for violations of the Religious Freedom Restoration Act of 1993.
Judge blocks ethics rule banning bias by lawyers, warns of arbiters deciding ‘who and what offends’
A federal judge in Philadelphia has cited the First Amendment in blocking a Pennsylvania ethics rule that bans lawyers from knowingly manifesting bias or engaging in discrimination in the practice of law.
SCOTUS vacates judge’s ruling that allowed restrictions on religious services in California

The U.S. Supreme Court on Thursday vacated a decision that allowed restrictions on religious services in California and told a trial judge to reconsider the case. The court’s order told U.S. District Judge Jesus Bernal to reconsider his decision.

Chemerinsky: COVID-19 ruling reveals much about the new Supreme Court
We are accustomed to major U.S. Supreme Court decisions in late June as the term winds to a conclusion; rarely, however, is there a blockbuster ruling a few minutes before midnight the night before Thanksgiving. But the court’s ruling Nov. 25 in Roman Catholic Diocese of Brooklyn, New York v. Cuomo is quite important and tells us a great deal about the new court.
With Barrett in majority, Supreme Court lifts COVID-19 restrictions on religious services
In a 5-4 ruling Wednesday, the U.S. Supreme Court blocked two COVID-19 caps on attendance at religious services in New York.
Ban on therapy to change sexual orientation in minors violates First Amendment, 11th Circuit rules
A federal appeals court on Friday blocked two ordinances on First Amendment grounds in Florida that ban licensed therapists from providing “conversion therapy” to minors.
Alito: COVID-19 restrictions highlight disturbing trend of ‘lawmaking by executive fiat’
In a Federalist Society speech on Thursday, Justice Samuel A. Alito Jr. said COVID-19 restrictions on public gatherings and worship services highlight a disturbing trend of "lawmaking by executive fiat."

Read more ...