First Amendment News
Freedom of Assembly and Edwards v. South Carolina: Protecting the Peaceful Expression of Unpopular Views
How freedom of assembly was upheld during the Civil Rights Movement, and how those laws protect our right to protest today.
Read More
Federal Appeals Court: Artistic Expression Can’t Be Used to Punish Defendant
The court held that a defendant’s musical lyrics, which referenced violence and drugs, could not be used as objective evidence of his motive for unlawfully possessing a machine gun.
Read More
Sexually Explicit Picture Not Fighting Words, Rules Colorado Appeals Court
The court found that a 14-year-old did not commit disorderly conduct because the explicit picture he drew was protected by the First Amendment.
Read More
Appeals Court Issues Troubling Ruling to Photographer Based on Qualified Immunity
The 1st Circuit declined to rule on the constitutionality of seizing a freelance photographer’s photographs.
Read More
First Amendment Freedoms Need “Breathing Space”
First Amendment Scholar David L. Hudson discusses the concept of protecting questionable speech in order to provide “breathing space” for other expression.
Read More
Federal Appeals Court Upholds South Carolina Anti-Profanity Law
You better not curse within hearing distance of a church or school in South Carolina. That’s because the state has a law that specifically bans such profanity. Krystal Johnson challenged
Read More
Georgia High Court Invalidates Law Prohibiting the Insulting of School Officials
A Georgia law prohibiting any non-student from upbraiding, insulting, or abusing a public school official in the presence of a minor infringes on too much protected speech, the Georgia Supreme
Read More
Federal Judge: School Officials Justified in Suspending Student for Cyberbullying
What happens when cyberbullying laws and policies collide with a student’s First Amendment free-speech claims? A recent federal district court decision out of New Jersey recently struck the balance in
Read More
Newseum Institute hosts panel during Free Speech Week
First Amendment experts discuss whether U.S. commitment to free speech has waned in recent years
Read More
Religious diversity, school calendars and the quest for fairness
Religious monopolies like the one enjoyed for so long by Protestants in public schools are antithetical to religious freedom. We can disagree on how best to move from monopoly to diversity, but we should work together toward the shared goal of fairness and equity for all.
Read More