First Amendment: Speech - Page 3 of 17

EMW Women’s Surgical Center, P.S.C. v. Beshear

Sixth Circuit Upholds Kentucky Law Requiring Doctors Performing Abortions to First Conduct an Ultrasound and Describe the Image.

Vol. 133 No. 6 April 2020

First Amendment Article

Free Speech and Justified True Belief

Vol. 133 No. 2 December 2019 Law often prioritizes justified true beliefs. Evidence, even if probative and correct, must have a proper foundation. Expert witness testimony must be the product...

Joseph Blocher

First Amendment Leading Case

Iancu v. Brunetti

Vol. 133 No. 1 November 2019 In 1946, Congress passed the Lanham Act, which regulates the registration of trademarks and contains provisions limiting certain marks from being federally registrable. In...

First Amendment Leading Case

Manhattan Community Access Corp. v. Halleck

Vol. 133 No. 1 November 2019 Inscribed into the keystone of the First Amendment is the axiom that the government may not discriminate against private speakers based on the viewpoints...

First Amendment Leading Case

Nieves v. Bartlett

Vol. 133 No. 1 November 2019 Police officers violate the First Amendment when they arrest individuals in retaliation for protected speech, but the First Amendment is not an impenetrable shield....

First Amendment Recent Case

City of El Cenizo v. Texas

Fifth Circuit Reverses Injunction of Texas’s Sanctuary Cities Bill.

Vol. 132 No. 6 April 2019

First Amendment Recent Case

Commonwealth v. Knox

True Threat Doctrine — Pennsylvania Supreme Court Finds Rap Song a True Threat.

Vol. 132 No. 5 March 2019

First Amendment: Speech Response

Exaggerating the Effects of Janus: A Reply to Professors Baude and Volokh

Responding to William Baude & Eugene Volokh, The Supreme Court, 2017 Term — Comment: Compelled Subsidies and the First Amendment

Vol. 132 No. 1 November 2018

Labor Law Case Comment

Compelled Subsidies and the First Amendment

Vol. 132 No. 1 November 2018 Sometimes the government compels people to pay money to organizations they oppose. A lawyer may be forced to fund a bar association, a college...

First Amendment: Speech Leading Case

Minnesota Voters Alliance v. Mansky

Vol. 132 No. 1 November 2018 In Minnesota Voters Alliance v. Mansky, the Supreme Court held that a Minnesota law that banned “political” apparel from being worn in polling places...