ABA Journal

First Amendment

2447 ABA Journal First Amendment articles.

Supreme Court allows Navy to consider SEALs’ vaccine statuses; plaintiffs ‘treated shabbily,’ dissent says

The U.S. Supreme Court last week allowed the Navy to consider a vaccine refusal by 35 Special Warfare personnel when making decisions on their deployment and assignment.

SCOTUS rules in favor of Texas school board that censured member

The U.S. Supreme Court ruled unanimously Thursday that a school board has the right to censure one of its members. Justice Neil Gorsuch, writing for the high court, pointed out that elected bodies in this country have censured their members “as early as colonial times.”

Supreme Court rules for inmate who wants hands-on, out-loud prayer at his execution

The U.S. Supreme Court ruled 8-1 Thursday for a Texas death row inmate who wanted his longtime Baptist pastor to lay hands on him and pray out loud during his execution.

Sidewalk abortion counselor, childhood friend among those weighing in on Jackson’s SCOTUS nomination

The Senate Judiciary Committee on Thursday heard from panelists supporting and opposing Judge Ketanji Brown Jackson’s nomination to the U.S. Supreme Court, including a childhood friend, a sidewalk abortion counselor, a law enforcement representative and Alabama's attorney general.

Kentucky clerk who denied marriage licenses to same-sex couples can’t avoid liability for civil rights violations, judge rules

A federal judge in Kentucky has ruled that a former Rowan County, Kentucky, clerk who denied marriage licenses to same-sex couples cannot duck liability for violating their civil rights. But the court left it up to a jury to decide whether she should pay damages.

Federal appeals judge advises colleagues to think carefully before hiring Yale Law School protesters

A federal appeals judge has posted a message to a group email list for all federal judges that expresses his dim view of noisy Yale Law School students who opposed a conservative speaker at an event by the Federalist Society.

Weekly Briefs: Controversial Florida education bills advance; ban on homebuyer ‘love letters’ blocked

Florida lawmakers pass ‘Don’t Say Gay,’ anti-woke bills

Republican Florida Gov. Ron DeSantis is expected to sign two controversial bills passed by the legislature this week. The “Don’t Say Gay”…

Weekly Briefs: Summer associates see higher offer rates; judge won’t dissolve NRA

Offer rates climb for summer associates

Offer rates for summer associate spots last year reached their highest mark since 2007, according to a report released Tuesday by the National Association…

Supreme Court will decide whether web designer has free speech right to refuse service for same-sex weddings

The U.S. Supreme Court has taken up the case of a web designer who contends that she has a First Amendment right to refuse to provide online service for same-sex weddings.

Weekly Briefs: Walter Dellinger dies at 80; lawyer’s ‘succubustic’ comment deemed protected speech

‘Giant in the law’ Walter Dellinger dies

Former acting U.S. Solicitor General Walter Dellinger died Feb. 16 at age 80. Dellinger was a longtime professor at the Duke University School…

‘The good ship 5th Circuit is afire’: Majority invented ‘new Title VII sin’ in vaccine case, dissenter says

A federal appeals judge under fire for asking a U.S. Department of Justice lawyer to remove his mask during oral arguments took a different tack in a fiery dissent in a case involving United Airlines’ employee vaccine mandate.

Judge on SCOTUS short list faces scrutiny for her stance for US in religious rights case

California Supreme Court Justice Leondra Kruger, a possible nominee for the U.S. Supreme Court, is facing scrutiny for the position that she took on behalf of the United States in a religious rights case involving a narcoleptic teacher before the Supreme Court.

8th Circuit refuses to toss suit over kettling said to sweep up innocent bystanders during protests

A federal appeals court has refused to toss a lawsuit by a St. Louis man who claims that police violated his constitutional rights during a protest when they boxed him and other innocent bystanders into an intersection and made mass arrests.

Chemerinsky: Justice Breyer is a model for all who sit on a judicial bench

In some of the most ideologically divided areas of law, Justice Stephen G. Breyer has been consistently and forcefully liberal. But in other areas, sometimes Breyer was with the conservatives, even as the decisive vote.

Weekly Briefs: SCOTUS will hear tribal, wetlands cases; a victory for University of Florida profs in free speech case

SCOTUS will consider reach of McGirt

The U.S. Supreme Court will consider the reach of its 2020 decision McGirt v. Oklahoma, which held that a large part of eastern…

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