Supreme Court Considers Three First Amendment Cases This Term

First Amendment Scholar David Hudson Jr. takes a look at the three free speech cases before the Supreme Court this term in his article in the ABA Journal:

The First Amendment—what the late, great Nat Hentoff termed “the first freedom”—takes a leading role before the U.S. Supreme Court this term. The justices will decide a trio of cases that could impact a slew of important free speech principles, including commercial speech, the government speech doctrine, online privacy, the right to receive information and ideas, speech vs. conduct and the viewpoint discrimination principle.

The three cases are Lee v. Tam, where the court will decide whether a rock band’s effort to trademark its name violates a federal trademark law that prohibits registering marks considered disparaging, scandalous or immoral; Expressions Hair Design v. Schneiderman, which involves a challenge to a New York law that prohibits merchants from calling the fee imposed on customers who pay with credit instead of cash a “surcharge”; and Packingham v. North Carolina, where the court will examine a North Carolina law that restricts registered sex offenders from using social networking platforms like Facebook.

Hudson’s analysis and commentary on these cases can be found here.

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