ABA Journal

First Amendment

2434 ABA Journal First Amendment articles.

Gorsuch and Kavanaugh sour on Lemon endorsement test in praying football coach case

During oral arguments Monday in the case of a praying football coach, U.S. Supreme Court Justices Neil Gorsuch and Brett Kavanaugh appeared ready to abandon a Lemon endorsement test in establishment clause cases.

Weekly Briefs: Prof gets $400K settlement in pronoun case; panic-attack firing leads to $450K verdict

Prof who refused to use preferred pronouns gets $400K settlement

Shawnee State University in Ohio has agreed to pay philosophy professor Nicholas Meriwether $400,000 and to rescind a written warning…

University’s ban on ‘discriminatory harassment’ likely violates the First Amendment, 11th Circuit says

A federal appeals court has ruled that the University of Central Florida’s ban on speech constituting “discriminatory harassment” likely violates the First Amendment.

Supreme Court rules for Austin, Texas, in digital billboard case; First Amendment inquiry isn’t over

The U.S. Supreme Court gave the city of Austin, Texas, an initial win Thursday in a challenge to its sign restriction allowing digital billboards on business property but not off premises.

Supreme Court considers whether high school football coach has right to pray on the field

The case of Kennedy v. Bremerton School District arrives at a U.S. Supreme Court dominated by conservatives who have shown special solicitude to religious liberty claims in recent years.

Lawyer who yelled profanities at judge at bar association party gets stayed suspension

An Ohio lawyer has received a stayed six-month suspension for alcohol-related conduct, including a profane outburst directed at a judge during a holiday party.

Supreme Court allows US to discipline military officer who saw ‘sacramental quality’ in vaccine mandate

The U.S. Supreme Court on Monday allowed the government to discipline a lieutenant colonel in the Air Force Reserve while he appeals his vaccine refusal case.

Deputy who witnessed ‘skivvies’-clad colleague baptize woman after traffic stop can’t escape suit, federal judge rules

A woman who claims that she allowed a “skivvies”-clad Tennessee sheriff’s deputy to baptize her based on his promise of leniency can continue to pursue her lawsuit against another deputy who witnessed the “desacralized rite,” a federal judge has ruled.

GOP opposition blocks bill to name federal courthouse after Black judge, a ‘legal legend’

A measure to name a federal courthouse after the first Black judge on the Florida Supreme Court was recently blocked in the U.S. House of Representatives after one lawmaker found a news clip on a prayer ruling.

Can Rep. Marjorie Taylor Greene be banned from reelection? 14th Amendment at issue

Georgia voters who want to ban a reelection bid by Republican U.S. Rep. Marjorie Taylor Greene got a boost Friday, when a federal judge in Atlanta indicated that she will likely allow the election challenge.

New law allows this state’s judges to personally solicit campaign donations; ethics opinion adds wrinkle

A new Tennessee law allows judges to personally solicit and accept campaign contributions, but judicial candidates should “be mindful” of other ethics rules that could be implicated, according to a March 29 ethics opinion.

Supreme Court won’t hear challenges to mandatory state bars

The U.S. Supreme Court on Monday declined to hear challenges to mandatory state bar associations in Michigan, Oklahoma and Texas.

Chemerinsky: Supreme Court reflects nation’s deep divide over Constitution and religion

The U.S. Supreme Court has four important cases about religion on its docket. Each of these cases, individually and especially together, could bring about major changes in the law concerning the Constitution and religion, writes law dean Erwin Chemerinsky.

Weekly Briefs: BigLaw firm settles ‘mommy track’ suit; ban on scraped court data challenged

Morrison & Foerster settles ‘mommy track’ suit

Morrison & Foerster has settled with two remaining plaintiffs in a lawsuit contending that the law firm discriminates against lawyer moms. In…

Top Colorado court strikes down phrase in cyberbullying law as ‘substantially overbroad’

The Colorado Supreme Court has ruled that the phrase “intended to harass” in its cyberbullying law violates First Amendment protections, as well as a free speech provision in the state constitution.

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