Author: David L. Hudson Jr.
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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Clear Circuit Split on Ministerial Exception Creates Possibility of High Court Review
The ministerial exception is based on the idea that the government should not intervene in the selection of an organization’s religious leaders.
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Arresting a Person for Profanity Often Violates the First Amendment
A three-judge panel affirmed in its decision that the key to the case is individuals often have a First Amendment right to utter profanity — even directed at police officers.
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Justice Sonia Sotomayor Once Again is the Most Speech-Protective Justice
Sotomayor recognizes that sometimes officers arrest individuals out of retaliation for their speech more so than because a person has committed a crime.
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50 Years Ago, the Court Enters the True Threats Thicket in Watts v. United States
The case should be celebrated for emphasizing the importance of politically charged advocacy and ensuring that such advocacies are not misconstrued as true threats.
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