First Amendment

Should there be discipline for employees’ controversial social media posts?

Updated: No First Amendment protection exists for private employees’ speech. However, after the death of conservative political activist Charlie Kirk, some lawyers emphasize the importance of individually assessing workers’ controversial public statements, rather than immediate termination.

Sep 25, 2025 1:31 PM CDT

Professor in court fight over Charlie Kirk post is temporarily reinstated

A federal court on Wednesday temporarily reinstated a University of South Dakota professor who was put on administrative leave after making negative comments on social media about Charlie Kirk on the same day that the conservative activist was shot.

Sep 25, 2025 10:53 AM CDT

Jimmy Kimmel is back, but free speech concerns continue

According to First Amendment lawyers interviewed by the ABA Journal, Federal Communications Commission Chairman Brendan Carr’s comments appear to conflict with U.S. Supreme Court precedent, including its 2024 ruling in National Rifle Association of America v. Vullo.

Sep 24, 2025 2:56 PM CDT

Why a federal judge quickly tossed Trump’s ‘florid and enervating’ suit against the New York Times

Lawyers for President Donald Trump will have to trim more than half the pages from their $15 billion defamation lawsuit against the New York Times after a federal judge quickly tossed the suit for violating a procedural rule requiring a short and plain statement of the facts.

Sep 22, 2025 10:35 AM CDT

Law prof at public university suspended for Charlie Kirk comments; does that violate First Amendment?

Online comments about the death of political activist Charlie Kirk have led to the suspension of an assistant clinical education professor at the University of Arkansas Little Rock William H. Bowen School of Law.

Sep 18, 2025 12:44 PM CDT

Trump files defamation and libel lawsuit against New York Times

President Donald Trump filed a defamation lawsuit Monday against the New York Times and four of its reporters, accusing the newspaper of libeling him in several articles in the lead-up to last year’s presidential election.

Sep 16, 2025 11:16 AM CDT

Court is not ‘enforcement division’ for ‘Miss Manners,’ concurring judge says as discipline case is tossed

The Kansas Supreme Court has rejected a recommended censure against a former district attorney who issued a press release questioning a chief judge’s statements about a plan to host jury trials at the county fairgrounds during the COVID-19 pandemic.

Sep 3, 2025 12:35 PM CDT

Discarding mail-in ballots in Pennsylvania violated voters’ constitutional rights, 3rd Circuit rules

A Pennsylvania law requiring election officials to toss mail-in ballots if they contain missing or incorrect dates impermissibly burdens the constitutional right to vote, the 3rd U.S. Circuit Court of Appeals at Philadelphia ruled Tuesday.

Aug 28, 2025 2:34 PM CDT

Texas Showdown: Legal battle looming over Ten Commandments in schools

With a new state law set to kick in Monday requiring the Ten Commandments be displayed in every public classroom in Texas, many school districts this week are scrambling to figure out what to do. Some are holding off following a federal judge’s recent ruling against the mandate. Others are racing to fundraise for donated posters of the commandments.

Aug 27, 2025 8:43 AM CDT

Trump’s flag-burning order tests a Supreme Court ruling; here’s how

The Supreme Court ruled in a 5-4 judgment in 1989 that burning the U.S. flag as a form of protest is a constitutionally protected right under the First Amendment. President Donald Trump in his Monday executive order urged Attorney General Pam Bondi to find a case that could challenge that ruling. Here’s what to know about the legality of flag-burning in the United States.

Aug 26, 2025 11:06 AM CDT

First Amendment likely protects student drag show at West Texas A&M, 5th Circuit says

A federal appeals court has ruled for an LGBTQ+ student group and two of its leaders who contended that their First Amendment rights were violated when officials at West Texas A&M University canceled a charity drag performance show on campus.

Aug 21, 2025 11:04 AM CDT

Fewer will qualify for student loan forgiveness under proposed new guidelines; will sanctuary jurisdictions be disqualified?

Proposed changes to the Public Service Loan Forgiveness program published Monday would revoke eligibility for borrowers working for nonprofit and government organizations deemed to have a “substantial illegal purpose,” a term with a broad definition.

Aug 19, 2025 12:05 PM CDT

Once-jailed county clerk asks Supreme Court to overturn right to same-sex marriage

A county clerk in Kentucky who refused to issue marriage licenses to same-sex couples is asking the U.S. Supreme Court to overturn its 2015 decision finding that same-sex marriage is a constitutional right.

Aug 13, 2025 12:08 PM CDT

ABA House adopts policy on law firm intimidation, immigration issues

The American Bar Association House of Delegates adopted more than 50 policy matters, including one on law firm intimidation, several on immigration enforcement and detention, and resolutions on academic freedom and open, civil debate at universities when it met during the 2025 ABA Annual Meeting.

Aug 12, 2025 12:54 PM CDT

US will appeal decision finding punitive executive order against Jenner & Block violates First Amendment

The federal government on Monday filed notice that it will appeal a federal judge’s decision blocking a punitive executive order against Jenner & Block that threatened its employees’ security clearances and put its clients’ government contracts at risk.

Jul 22, 2025 9:42 AM CDT