ABA Journal

First Amendment

2364 ABA Journal First Amendment articles.

Is the right to assemble and demonstrate under threat?

Legislators who are now seeking to restrict protesters say the measures are necessary to establish law and order; provide security; protect businesses; ensure the free flow of highways; and distinguish between peaceful protesters and rioters. But free speech experts warn that the legislative trend against protesting is harmful to fundamental First Amendment freedoms.

Weekly Briefs: New charges against lawyer accused of staging his shooting; Christian florist settles

Suspended lawyer Alex Murdaugh faces new charges

Suspended South Carolina lawyer Alex Murdaugh, previously charged in an alleged scheme to have himself killed for insurance money, is facing 27…

Law profs seek to overturn New York law requiring their ethics complaints to be secret

Law professors who posted grievances that they filed against 21 prosecutors are challenging a New York law that requires lawyer disciplinary proceedings and related papers to be kept private until discipline is recommended.

Supreme Court will decide whether innkeeper can sue border agent for First Amendment damages

The U.S. Supreme Court agreed Friday to decide whether the owner of a bed and breakfast establishment called the Smugglers Inn can sue a border patrol agent for damages under the First and Fourth Amendments.

Supreme Court allows vaccine mandate for health workers that didn’t offer religious exemption

Maine’s vaccine mandate for health care workers, which doesn’t allow religious exemptions, is being enforced after the U.S. Supreme Court refused to intervene Friday.

Let them eat cheesecake on Shavuot, 6th Circuit says in Jewish prisoners’ case

The Michigan Department of Corrections violated Jewish prisoners’ religious rights when it failed to provide them with kosher meat and a meal with dairy on the Jewish Sabbath and four Jewish holidays, a federal appeals court has ruled.

Weekly Briefs: Skirts-only dress code gets rehearing; ex-judge reprimanded for ‘sexual innuendo’

En banc 4th Circuit will rehear school dress-code case

The 4th U.S. Circuit Court of Appeals at Richmond, Virginia, has granted an en banc rehearing to consider a challenge to…

Supreme Court seems to be ‘reshaping itself in Justice Thomas’ image,’ op-ed says

We may be seeing the emergence of the “Thomas Court,” as the 6-3 conservative majority on the U.S. Supreme Court considers cases involving abortion, religious freedom and gun rights this term, according to a New York Times op-ed.

Top state court rules against public defender who sued ACLU for calling him ‘crooked’

A public defender is a public official who must prove actual malice in his defamation lawsuit against the American Civil Liberties Union for a blog post calling him “crooked,” the Georgia Supreme Court has ruled.

Do worker COVID-19 vaccine mandates have to offer religious exemptions? Courts differ; Breyer declines to act

Updated: U.S. Supreme Court Justice Stephen G. Breyer on Tuesday refused to block a COVID-19 vaccine mandate for Maine health care workers that did not include an exemption for religious exemptions.

CEO of Alliance Defending Freedom had circulated proposed suit seeking to overturn election

The president and CEO of a conservative Christian legal group played a behind-the-scenes role in a lawsuit filed by Texas Attorney General Ken Paxton in a bid to overturn…

6th Circuit rules for student athletes denied religious exemption from vaccine mandate

Sixteen student athletes at Western Michigan University who were denied a religious exemption from a vaccine mandate will likely succeed in their lawsuit, a federal appeals court has ruled.

Supreme Court will consider Sen. Cruz’s challenge to campaign loan restrictions

The U.S. Supreme Court will consider a First Amendment challenge to a campaign finance law that restricts repayment of candidates’ personal loans to their campaigns.

Supreme Court will hear case of Christian group that wanted to fly its flag at Boston City Hall

The U.S. Supreme Court on Thursday agreed to decide the case of a Christian group claiming that the city of Boston violated the First Amendment when it refused a request to fly a Christian flag temporarily at the Boston City Hall.

The Supreme Court is in the building—contentious rulings behind, more major cases ahead

U.S. Supreme Court justices are hanging up their phones after a year and a half of teleconference arguments because of the pandemic and returning to the bench for the new term that begins Monday.

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