Bivens Claims
Egbert v. Boule
Fifty-one years ago, in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Supreme Court announced a cause of action for money damages against…
First Amendment
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First Amendment
Shurtleff v. City of Boston
In heraldry, descriptions of flags are to be “most concise, . . . always minutely exact, definite, and explicit.” The…
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First Amendment
FEC v. Ted Cruz for Senate
Candidates for federal office may loan an unlimited amount of their own money to their campaign committees. However, under section 304 of the Bipartisan Campaign Reform…
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Aesthetic Regulation
Burns v. Town of Palm Beach
Eleventh Circuit Rejects First Amendment Claim for Residential Architecture.
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Constitutional Law
Meriwether v. Hartop
Sixth Circuit Holds Public University Professor Plausibly Alleged Free Speech Right Not to Use Trans Student's Pronouns
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Comparative Law
Case Decision 2021-004-FB-UA
Oversight Board Finds a Facebook's Rule Application Violates International Human Rights Law
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Regulation
The Awareness Doctrine
The state of news media leaves much to be desired. Traditional broadcast mediums are dominated by a select few voices that overwhelmingly push partisan viewpoints. The internet grows increasingly partisan…
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Constitutional Law
Campbell v. Reisch
Eighth Circuit Finds State Representative Not a State Actor When Blocking Constituents on Twitter
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First Amendment
Animal Legal Defense Fund v. Reynolds
Eighth Circuit Upholds Law Criminalizing Access to Agricultural Production Facilities Under False Pretenses
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First Amendment
Blasphemy and the Original Meaning of the First Amendment
Until well into the twentieth century, American law recognized blasphemy as proscribable speech. The blackletter rule was clear. Constitutional liberty entailed a right to articulate views on religion, but not…