Author: David L. Hudson Jr.

Federal Appeals Court: Plaintiffs Lack Standing to Challenge Removal of Confederate Monuments

The Sons of Confederate Veterans and concerned individuals lacked standing to pursue their First Amendment claims over the removal of Confederate monuments in Texas.
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The ‘Bedrock Principle’ of the First Amendment

The “bedrock principle” phrase from a 1989 flag-burning decision, has come to represent a cardinal principle of First Amendment law — that the First Amendment protects much offensive expression.
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‘A Profound National Commitment’ to ‘Robust’ Debate

Public officials who sue for libel, must meet a high standard of proof and show that the publisher printed the statements knowing they were false or acted with “reckless disregard.”
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What a Phrase: “Falsely Shouting ‘Fire’ in a Theatre”

Justice Oliver Wendell Holmes Jr produced one of the most-often quoted phrases from First Amendment jurisprudence that has transcended the Supreme Court reports into the normal cultural sphere, the “‘Fire’ in a theatre” language.
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Federal Judge Rules in Favor of Man with Vanity Plate, ‘IM GOD’

Kentucky man sued in federal court alleging a violation of his First Amendment free-speech rights, denying him a vanity license plate with the message “IM GOD.”
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The First Amendment Has Protected President Donald J. Trump

The First Amendment protects much speech that may annoy, offend and even harm. It often protects all of us, including the president.
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Women Defendants Contributed Mightily to First Amendment Jurisprudence

As we celebrate the 100th anniversary of ratification of the 19th Amendment, we should also remember the courageous female defendants who often faced persecution, ostracism and scorn, merely for holding dissident political views.
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Federal Appeals Court Holds that Provision in PLRA Does Not Violate the ‘Breathing Space’ Principle

A federal appeals court ruled a three-strikes provision of the Prison Litigation Reform Act (PLRA) does not violate the First Amendment nor infringe on the “breathing space” principle.
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Federal Appeals Court Grants Qualified Immunity to University Officials, Denies Medical Student’s First Amendment Claim for Punishment Over Social Media Post

A previous U.S. Supreme Court’s qualified immunity decision, continues to do significant damage in First Amendment jurisprudence. In this case, regards to punishing a university student for an off-campus Facebook post.
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Part of prisoner’s lawsuit over restrictive mail policy allowed to proceed

In an Arkansas inmate’s lawsuit, he alleges that the three page mail restriction violates the First Amendment.
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