Supreme Court
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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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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Divided 10th Circuit Panel Gives Inadequate First Amendment Protection to Employee Demoted for Truthful Sworn Court Testimony
It is an abuse of power to demote a public employee because he gives testimony in a court case.
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Golden Nuggets for Free-Expression Advocates in an Unusual Case
The U.S. Supreme Court’s decision in Lozman v. City of Riviera Beach, Florida (17-21) has some golden nuggets for free-expression advocates even though at first glance the opinion might seem
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Supreme Court Reached the Right Result – But the Opinion Could Have Been Stronger
The U.S. Supreme Court reached the correct result in Minnesota Voters Alliance v. Mansky (2018), striking down a supremely overbroad law that prohibited individuals from wearing political badges, political buttons,
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Justice Stephen Breyer’s Memorable First Amendment Passages
Justice Stephen G. Breyer is one of the more scholarly jurists to serve on the nation’s high court, authoring such thought-provoking books such as Active Liberty (2006), Making Our Democracy Work
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Justice Kagan on the First Amendment
Justice Elena Kagan has served on the U.S. Supreme Court since 2009. In her previous career as an academic, she wrote powerful First Amendment scholarship. She participated in First Amendment
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Supreme Court Considers Three First Amendment Cases This Term
First Amendment Scholar David Hudson Jr. takes a look at the free speech cases on the Court’s docket this term: Lee v. Tam, Expressions Hair Design v. Schneiderman, and Packingham v. North Carolina.
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