Author: David L. Hudson Jr.
Former Sex Offenders Can Proceed with Lawsuit Challenging Restrictions on Internet Use
A group of former sex offenders may continue with their lawsuit, challenging the constitutionality of the Illinois Department of Corrections (IDOC’s) restrictive policy on internet access for those convicted of sex crimes.
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Colorado High Court Affirms Dismissal of Jury-Tampering Charges Against Men Who Advocated for Jury Nullification
A Colorado court rule that two men who handed out brochures on jury nullification at the courthouse did not violate Colorado’s jury tampering statute.
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Federal Judge Allows Jailhouse Lawyer’s Retaliation Claim to Proceed
Prisoners retain First Amendment free-speech rights even behind bars.
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School Officials Need a First Amendment Lesson
Students have a First Amendment right not to recite the school pledge as a form of peaceful protest, but not all schools honor that.
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Federal Judge Rules Middle School Officials Could Punish Student for Writing ‘Trump 2016’ on Whiteboard
The district court emphasized that the punishment did not relate to any particular political viewpoint.
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California Appeals Court Upholds Law Prohibiting False Reports of Bombs or Explosive Devices
A California statute prohibiting persons from making a false report about a bomb or other explosive device does not violate the First Amendment, a state appeals court has ruled.
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John Paul Stevens Had ‘Indelible” Commitment to First Amendment
Retired U.S. Supreme Court Justice John Paul Stevens, who served nearly 35 years on the court, left an indelible mark on many areas of First Amendment jurisprudence.
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Qualified Immunity Once Again Protects Prison Officials
A recent decision from a U.S. Court of Appeals rejected two First Amendment claims by an inmate based on qualified immunity.
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The Fate of the Lemon Test: D.O.A. or Barely Surviving?
The Lemon test took several blows in the court’s decision in American Legion v. American Humanist Association, which upheld the constitutionality of a 32-foot high Latin cross.
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Supreme Court’s Decision in Vulgar Trademark Case Affirms Core Principles
The court addressed the case of an artist who founded a clothing line named FUCT. The name obviously bears close resemblance to a profanity.
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