First Amendment

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary.

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News & Analysis as of May 24, 2013

Athletes’ Rights of Publicity Trump First Amendment in Video Game Context

by Ronald Katz | Manatt, Phelps & Phillips, LLP on 5/23/2013

In a recent 62-page decision by the Third Circuit, obviously intended to give guidance in an unclear area of the law, the rights of publicity of a college athlete in a video game trumped the First Amendment arguments of the...more

Supreme Court to Decide on Prayer in Public Meetings

by Aaron Kase | Lawyers.com on 5/22/2013

The U.S. Supreme Court this week decided to take up a case that could change the rules for when prayer is allowed in public meetings, and even have broader implications for government prayer in general....more

More Controversy With the National Labor Relations Board

by Eric Holshouser | Fowler White Boggs P.A. on 5/9/2013

On January 25, 2013, the United States Court of Appeals for the District of Columbia in Noel Canning v. NLRB held that National Labor Relations Board (“NLRB”) orders issued since January 2, 2012 are unenforceable....more

D.C. Circuit Vacates NLRB Poster Rule

by Daniel V. Johns, Kelly Kindig | Ballard Spahr LLP on 5/9/2013

The U.S. Court of Appeals for the District of Columbia Circuit has vacated a controversial rule issued by the National Labor Relations Board (NLRB) that would have required most private sector employers covered by the...more

NLRB Poster Rule Torn Down by the D.C. Circuit

by Baker, Donelson, Bearman, Caldwell &... on 5/9/2013

In August 2011, the National Labor Relations Board (NLRB) attempted to implement a rule requiring every employer in the United States to post a "notice" of union organizing rights. After an almost two-year battle, the courts...more

D.C. Circuit Court of Appeals Strikes Down NLRB’s Poster Rule

by John Elliott III, Jennifer W. Terry | Miller & Martin PLLC on 5/9/2013

Yesterday, the United States Court of Appeals for the D.C. Circuit held that the National Labor Relations Board (NLRB) rule requiring employers to post notices regarding employees’ right to unionize was invalid. ...more

Legal Alert: Federal Appeals Court Strikes NLRB's Notice Posting Rule

by FordHarrison on 5/9/2013

The D.C. Circuit Court of Appeals has vacated the National Labor Relations Board's rule requiring employers to post a Notice of Employee Rights under the NLRA because it violates employers' free speech rights. ...more

D.C. Circuit Court Vacates the NLRB's Notice Posting Rule

by Duane Morris LLP on 5/9/2013

On May 7, 2013, the U.S. Court of Appeals for the District of Columbia Circuit held in National Association of Manufacturers, et al. v. National Labor Relations Board, et al., No. 12-5068, that the National Labor Relations...more

Appeals Court Holds Board's Notice Rule Inconsistent With Employer Free Speech

by Murphy, Hesse, Toomey & Lehane, LLP on 5/9/2013

The saga of the National Labor Relations Board’s (“Board”) Notice posting rule continues. If you recall from our prior Alerts, in 2011 the Board issued a Rule mandating the posting of an 11” x 17” Notice in virtually every...more

D.C. Circuit Vacates NLRB Notice-Posting Rule

by Todd D. Steenson | Holland & Knight LLP on 5/9/2013

The U.S. Court of Appeals for the D.C. Circuit has vacated the National Labor Relations Board (NLRB) rule requiring most private sector employers in the United States to post a notice of employees' labor law rights. National...more

NLRB'S Notice Posting Rule Invalidated By DC Court Of Appeals

by Bruce Bagley, Jodi M. Frankel | McNees Wallace & Nurick LLC on 5/9/2013

On May 7, 2013, a three-member panel of the U.S. Court of Appeals for the DC Circuit vacated the NLRB's Notice Posting Rule, originally issued by the Board in August 2011. The Rule required that virtually all private-sector...more

Take that, NLRB!

by Kelly Scott | Ervin Cohen & Jessup LLP on 5/9/2013

Remember all that hubbub about the National Labor Relations Board (NLRB) requiring employers to display a poster advising employees of their right to organize?...more

D.C. Court Of Appeals Vacates NLRB Notice Posting Rule

by Doug Hass | Franczek Radelet P.C. on 5/8/2013

A federal appellate court yesterday rejected the National Labor Relations Board’s “notice posting rule” that would have required nearly 6 million employers to conspicuously display the Board’s employee-rights poster. Last...more

New Kansas Abortion Law Among Most Restrictive in the Nation

by Aaron Kase | Lawyers.com on 4/25/2013

Legislation signed into law in Kansas last week will sharply restrict women’s access to abortions, part of a nationwide assault on reproductive rights...more

SEC Files Initial Brief in Conflict Minerals Rule Case

by Edward Sarnowski | Holland & Knight LLP on 4/16/2013

The SEC recently filed its initial brief in the case pending in the United States Court of Appeals for the D.C. Circuit in which the National Association of Manufacturers, United States Chamber of Commerce, and Business...more

Business Litigation Report -- April 2013

by Quinn Emanuel Urquhart & Sullivan, LLP on 4/15/2013

In This Issue: - Firm News: DoJ Star Healthcare Fraud Prosecutor Joins Washington, D.C. Office; and Quinn Emanuel Wins Top Honors at the Inaugural U.S. Benchmark Annual Awards - Main...more

Elmbrook School District v. Doe: Will the U.S. Supreme Court Rule on the Constitutionality of Holding Public High School...

by Foley & Lardner LLP on 4/12/2013

During its conference this Friday, April 12, the U.S. Supreme Court is expected to consider Elmbrook School District’s petition for a writ of certiorari seeking reversal of a decision issued last summer by the United States...more

The First Amendment and Off-Label Promotion: United States v. Caronia

by Quinn Emanuel Urquhart & Sullivan, LLP on 4/11/2013

For years, the U.S. Department of Justice has aggressively pursued and brought charges over “off-label promotions”—the promotion of drugs for uses that have not received FDA approval—by pharmaceutical manufacturers and their...more

Right to Work Law Challenged in Michigan

by Michele Bowman | Lawyers.com on 4/8/2013

The ACLU is trying to dismantle a “right to work” law passed in Michigan in December, saying people were locked out of the capitol while the measure was debated. ...more

Ninth Circuit Court Of Appeals Upholds City’s Invocation Policy For Council Meetings

by Brian P. Crowley | Franczek Radelet P.C. on 4/3/2013

In Rubin v. City of Lancaster, the Ninth Circuit Court of Appeals upheld a lower court’s determination that the city council’s invocation policy and practice did not amount to an unconstitutional establishment of religion....more

Cyber Law Tracker: FBI Prohibited From Issuing National Security Letters

by Steven J. Bonafonte, Alex Hernandez, Timothy Ronan, James Shearin | Pullman & Comley, LLC on 4/3/2013

In a detailed opinion issued just this month, the U.S. District Court for the Northern District of California struck down an oft-used FBI counterterrorism tool. Under the statute at issue, the FBI has issued tens of...more

Order Restricting Informal Discovery Infringes on Litigant’s Right to Free Speech

by Jason H. Baruch | Trenam Kemker on 4/1/2013

In this medical business dispute between a buyer and sellers of surgical centers, the trial court entered an order precluding the sellers from communicating with any third party, including those in other countries, about the...more

Ninth Circuit Upholds Opening Prayers at City Council Meetings - Prayers May Be Sectarian But May Not Proselytize or Disparage...

by Michael M. Mullins, Matthew K. Schettenhelm, Scott C. Smith | Best Best & Krieger LLP on 4/1/2013

Overview: The Ninth Circuit recently upheld as constitutional a city council’s practice of opening its sessions with prayer. The court upheld the city’s policy concerning such prayers, which extended the invitation to lead...more

Jackson Walker's VIA Media Postcard - March 2013

by Charles Babcock, Robert (Bob) P. Latham | Jackson Walker on 3/28/2013

In This Issue: - Chip Babcock Communique: Has the Internet Changed the First Amendment? - Chip Babcock participated in a panel discussion on this topic at a recent American College of Trial Lawyers...more

California District Court Finds National Security Letter Statute Unconstitutional

by Brad Guyton, John Seiver | Davis Wright Tremaine LLP on 3/22/2013

Last week, in In re National Security Letter, the United States District Court for the Northern District of California found unconstitutional two sections of the federal law allowing the FBI to issue “National Security...more

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