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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... more +
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. less -

Fourth Circuit Court of Appeals Allows Wikimedia Upstream Suit to Proceed

by Alston & Bird on

On May 23, 2017, the Fourth Circuit Court of Appeals issued its opinion on Wikimedia foundation v. NSA/CSS. The Court vacated and remanded the NSA’s previously successful motion to dismiss Wikimedia’s Fourth and First...more

Supreme Court Considers New York's Surcharge Law

The Supreme Court of the United States recently heard an oral argument concerning New York's surcharge law, addressing whether the statute—which prohibits the imposition of surcharges on customers who pay with credit cards...more

Speaking of the First Amendment...

by Reed Smith on

Now that Dr. Scott Gottlieb is safely installed as FDA Commissioner, we at DDLaw can end our moratorium on blogposts about First Amendment issues. There was no way we wanted to give his opponents any ammunition by saying nice...more

DC Circuit Discusses “Limited Purpose” Public Figures

On May 9, the U.S. Court of Appeals for the District of Columbia issued a significant ruling in Kahl v. Bureau of National Affairs, Inc. The Court of Appeals addresses (i) whether Yorie Von Kahl is a public figure for First...more

N.D. Alabama Issues Mixed Bag of Branded Preemption Rulings

by Reed Smith on

We like bright lines in the law. They streamline arguments for lawyers and, more important, they make it easier for non-lawyers to conduct their affairs with some degree of predictability. Rear-end a car and you’re liable,...more

Mozilla and Stanford Law Panel: What Role Does the First Amendment Have in the Patent Law?

by Fenwick & West LLP on

On April 17, Mozilla and Stanford Law held a panel to discuss the role of the First Amendment in the patent law, and specifically the impact on the patent eligibility of software and genes sequences....more

Does the Ban on Salary History Inquiries Violate the First Amendment? Ruling on Philadelphia Bill May Impact New York 

by Fisher Phillips on

On May 4, 2017, New York City joined the Commonwealth of Massachusetts and the City of Philadelphia when the Mayor signed legislation that bans employers from inquiring about the salary history of job applicants. These laws,...more

Contest Organizer in Legal Limbo over Sweepstakes Marketing

by Klein Moynihan Turco LLP on

Last month, a federal district court in San Francisco dismissed the preemptive lawsuit of Contest Promotions, LLC (“Contest Promotions”), which had hoped to establish the legality of its sweepstakes marketing signs under...more

This Painting is My Speech, This Painting is Your Speech—Government Scores a Win in Capitol Painting Controversy

by Sullivan & Worcester on

A controversial painting removed from display at the U.S. Capitol will not be returning to display after the U.S. District Court denied a request for an injunction before the exhibition in question came to an end. While the...more

Education Newsletter Volume 1, Number 1: Arizona Senator Introduces Bill to Expand the Rights of Student Speech

by Dickinson Wright on

This session, Arizona Senate Majority Leader Kimberly Yee (R-Phoenix) introduced Senate Bill 1384 to expand the rights of student journalists. If passed would grant both high school and college level student journalists the...more

Justice Gorsuch Likely To Have Significant Impact on Labor and Employment Cases Before the U.S. Supreme Court

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With Justice Neil Gorsuch joining the Supreme Court in April, and the apparent re-emergence of a 5-4 split, we expect to see the Court issue more expansive opinions and be less reticent to grant...more

Studios Fire Back: Fictional Publication Depicted in a Movie is Privileged Expressive Use

Following up a previous post about the February 2017 lawsuit filed by the Sporting Times against Orion Pictures for depicting a fictional magazine of the same title in a movie about the life of Bill “Spaceman” Lee, MGM has...more

Mayor de Blasio Signs NYC Ban on Salary Inquiries

by Jones Day on

May 2017 On May 4, 2017, New York City Mayor Bill de Blasio signed a law that will prohibit New York City employers from inquiring about the salary and benefits histories of job applicants. The law, which the New York City...more

Conflict Minerals Disclosure New SEC Guidance

by BakerHostetler on

On April 7, 2017, the Securities and Exchange Commission ("SEC") Division of Corporate Finance (the "Division") indicated that it will not recommend enforcement of the conflict minerals source and chain of custody due...more

Defamation Law Series: Texas Court Holds that “Rhetorical Flourishes” In Article Do Not Support Defamation Claim

by Kelley Drye & Warren LLP on

The Texas Fifth Court of Appeals in Dallas recently dismissed defamation claims against a Dallas magazine, finding that although a headline and article could be interpreted as criticism of a former symphony orchestra...more

Fiduciary Rule Delayed 60 Days - DOL delays application of Fiduciary rule. ERISA plan fiduciaries and service providers struggle...

On April 7, 2017, the Department of Labor (DOL) published a final rule delaying the applicability date of the “Fiduciary” rule and certain “Prohibited Transaction Exemption” rules (the Rules) for 60 days from April 10, 2017...more

Soundboard Technology Calls Qualify as Robocalls Under TCPA

by Klein Moynihan Turco LLP on

This past Monday, the United States District Court for the District of Columbia upheld a Federal Trade Commission (“FTC”) interpretation of the Telephone Consumer Protection Act (“TCPA”) which held that marketing calls placed...more

Mobile targeting: A ‘secret weapon’ for good or ill?

by Thompson Coburn LLP on

It’s an advertiser’s dream — the ability to target customers through their mobile devices, right to down to where they are and what they are doing. But can such precisely targeted messages become a recipient’s nightmare?...more

Negative Reviews: Seeing Stars or Trolls? Here's What You Can and Can't Do

by Lewitt Hackman on

Trolls aren’t just fictional creatures living under bridges in fairy tales – today they are anonymous but highly visible creatures plaguing individuals and businesses on social media. They’re angry, vindictive and financially...more

UPDATE: Congress and Trump Administration Repeal “Blacklisting” Rule, Relieving Contractors from Strict Labor Reporting and Other...

On March 27, 2017, President Donald Trump signed into law a Congressional Review Act (“CRA”) resolution repealing the so-called “blacklisting” rule, which would have imposed strict labor reporting and other requirements upon...more

Businesses Challenge Philadelphia Law Prohibiting Inquiry into Prospective Employee’s Wage History

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Businesses banded together to challenge, on First Amendment and Due Process grounds, the pay equity Ordinance which would ban inquiries into prospective employees’ prior salaries. The Ordinance, which was...more

Effective Date of Philadelphia Wage Equity Bill Put on Hold

As you may recall, late last year we discussed a new Philadelphia law that banned private-sector employers from asking job applicants about their wage and fringe benefits history. The Wage Equity Bill, which was aimed at...more

The Trump Administration Retweets and Retreats

by Jackson Walker on

Perhaps now more than ever before, Twitter takes center stage for social and public discourse. Many have wryly commented that we elected a “Tweeter-in-Chief” with President Trump, due to his prolific tweeting about...more

“Anti-Police” Painting Controversy: Court says, No First Amendment Rights at Stake

by Fox Rothschild LLP on

The US. District Court for the District of Columbia recently denied a preliminary injunction seeking the reinstallation of a controversial “anti-police” painting at the U.S Capitol complex. David Pulphus, a student...more

The City of Philadelphia Has Agreed To Stay The Enforcement of The Philadelphia Wage Equity Ordinance Pending Resolution of Court...

by Littler on

The City of Philadelphia has agreed to stay the enforcement of the Philadelphia Wage Equity Ordinance, which was to take effect on May 23, 2017, and be codified in the Philadelphia Code at Sections 9-1103((1)(i) and 9-1131. ...more

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