ABA Journal

First Amendment

2418 ABA Journal First Amendment articles.

Judge cites challengers’ religious beliefs in blocking transgender health care requirements

A federal judge in North Dakota has blocked the federal government from requiring members of the Christian Employers Alliance to provide health coverage for gender transition services.

Federal judge blocks school from disciplining teacher if she outs transgender students to their parents

A federal judge in Kansas City, Kansas, has temporarily blocked a school district from disciplining a teacher who had religious objections to a policy that prevented her from outing transgender students to their parents.

Supreme Court sides with Ted Cruz in challenge to a campaign finance restriction

Weekly Briefs: Judge lifts Trump sanction, for now; $997M settlement offered in condo collapse

Judge willing to accept $110K, cooperation to end Trump sanction

A trial-level judge in New York lifted a $10,000 daily civil contempt sanction against former President Donald Trump on…

Texas law banning censoring of social media users for viewpoints can take effect, 5th Circuit says

A federal appeals court has allowed a Texas law to take effect that prohibits larger social media platforms from censoring users based on their political views.

Bid to block Rep. Marjorie Taylor Greene from ballot fails after state judge rules in her favor

An administrative law judge in Georgia ruled Friday that there is insufficient evidence to show that Republican U.S. Rep. Marjorie Taylor Greene of Georgia engaged in insurrection, dealing a defeat to challengers who claimed that the U.S. Constitution banned her reelection.

First Amendment doesn’t protect fired police officers who criticized department changes, 6th Circuit rules

The First Amendment does not protect two Tennessee police officers who were fired for objecting to changes in their department, an appeals court has ruled.

What does the original Roe v. Wade really say?

The U.S. Supreme Court appears poised to strike down Roe v. Wade, a landmark decision from 1973 that established a woman’s constitutional right to abortion. Norma McCorvey, a single, pregnant woman in Texas, brought a federal lawsuit in 1970 against district attorney Henry Wade, alleging that Texas criminal abortion statutes that originated in 1854 were unconstitutional.

Man who created fake police Facebook page can’t recover damages for his arrest, 6th Circuit says

A man who created a fake police department page on Facebook can’t obtain damages against officers who arrested him, searched his home and seized his phone and laptop, a federal appeals court has ruled.

7th Circuit upholds Wisconsin’s mandatory bar, says precedent applies until Supreme Court overrules it

The 7th U.S. Circuit Court of Appeals at Chicago ruled Friday that Wisconsin’s mandatory bar doesn’t violate the First Amendment rights of the state’s lawyers.

Supreme Court rules for group seeking to fly Christian flag at Boston City Hall; Gorsuch takes bite at Lemon

The city of Boston violated the First Amendment rights of a Christian group when it refused to allow it to fly its flag outside the city hall, the U.S. Supreme Court ruled Monday.

ACLU lawyers reviewed op-ed that led to Johnny Depp’s defamation claim, its GC testifies

Several lawyers with the American Civil Liberties Union reviewed the Washington Post op-ed by actress Amber Heard that led to actor Johnny Depp’s defamation lawsuit against her, according to testimony by the organization’s general counsel last week.

Infowars host’s lawyer says the N-word in a dropped-pants comedy routine; should he face discipline?

A Connecticut-based branch of Black Lives Matter is calling for the suspension of a criminal defense lawyer who dropped his pants and used the N-word in a comedy routine.

Chemerinsky: SCOTUS clarifies First Amendment debate over content regulation of signs

For decades, a central inquiry in free speech analysis has been whether government regulation is content-based or content-neutral. Content-based government regulations of speech generally must meet strict scrutiny. To be constitutional, they must be narrowly tailored to achieve a compelling government purpose. By contract, content-neutral regulations have only to meet intermediate scrutiny, being substantially related to achieve an important government purpose.

4th Circuit upholds restrictions on lawyer ads seeking drug and device clients

A federal appeals court has upheld West Virginia’s restrictions on lawyer advertising that seeks clients for litigation involving medication and medical devices.

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