First Amendment News

First Amendment News

Floyd Abrams Institute hosts conference on commercial speech, federal judge won’t force federal officers to identify themselves, and more. Read more


First Amendment News

“I would never underestimate his ability to influence people.” – Joan Biskupic So spoke the writer and legal analyst Joan Biskupic about Supreme Court Chief Justice John Roberts. And correctly so. Among other places, this is apparent in Roberts’s First Amendment free expression jurisprudence. There is a certain resolve, at once philosophical and tactical, that... Read more Read more


First Amendment News

DOJ’s Bureau of Prison blocking Michael Cohen's book on Trump, new scholarly article on student speech law, and more. Read more


First Amendment News

The case is Barr v. American Association of Political Consultants, Inc. It is the 56th First Amendment free expression case decided by the Roberts Court since 2005. The irony of the case is that, on the one hand, the Court struck down one portion of a federal law while, on the other hand, by doing so... Read more Read more


First Amendment News

Coming soon: Ronald Collins & David Hudson, “The Roberts Court: It’s First Amendment Free Expression Jurisprudence — 2005-2020” “We want to meet this moment.” — The Chicks Despite what lawyers and scholars say, the First Amendment is more than black-letter law — it is a way of life. It is a culture — a way... Read more Read more


First Amendment News

[A] content-based ban on speech with no exception for speech made to government officials in their offices . . . is not a permissible statute. While [the petitioner’s] choice of words was undoubtedly vulgar, intemperate, and counterproductive, his words were spoken to communicate with Veterans Administration officials while they were on the job. [Petitioner] thus... Read more Read more


First Amendment News

“Declare that, pursuant to Fed. R.Civ. P.65(d)(2), this order binds Defendant’s agents and other persons who are in active concert or participation with Defendant or his agents, if they receive actual notice of the order, including Simon & Schuster, Inc. and other such persons in the commercial distribution chain of Defendant’s book.” (emphasis added.) The above statement... Read more Read more


First Amendment News

“[U]ntil a more ‘technical solution’ is in place, anyone who sees ‘any piece of Opinion journalism — including headlines or social posts or photos or you name it — that gives you the slightest pause, please call or text me immediately.’” — Katie Kingsbury (acting editorial page editor, The New York Times) The New York Times’... Read more Read more


First Amendment News

“In life’s unforgiving arithmetic, we are the sum of our choices.” — George Will “We must, as citizens, support and defend the right—indeed, the solemn obligation—to peacefully assemble and to be heard.” Those are the words of Mike Mullen, the 17th Chairman of the Joint Chiefs of Staff. They were written in response to the protests sparked... Read more Read more


First Amendment News

Recently, Federal District Judge Richard G. Stearns handed down an opinion in a commercial speech case, one involving a state ban on debt-collection phone calls made during a state-declared state of emergency (COVID-19 pandemic). The case is ACA International v. Healey (Dist. Ct., MA, May 6, 2020). While Judge Stearns issued a temporary restraining order... Read more Read more



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