News & Analysis as of

Free Speech Standing

Epstein Becker & Green

Two Down, 12 to Go, and Two More Decision Days This Week - SCOTUS Today

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The Supreme Court started yesterday with 14 decisions yet to deliver and only reduced the number by two—neither of them the Trump immunity case nor the Loper case concerning the future of the agency deference doctrine of...more

Epstein Becker & Green

Divided Court Gives Primacy to Freedom of Religion, Invokes “Major Questions Doctrine” to Overturn Student Loan Forgiveness...

June 30th is the nominal last day of the Supreme Court’s current term. The Court began the day with the long-awaited decision in 303 Creative LLC v. Elenis, another 6-3 jurisprudentially ideological split in which, per...more

Holland & Knight LLP

Religious Institutions Update: July 2022

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Maine Scholarship Program Excluding Sectarian Schools Unconstitutional. In Carson v. Makin, 142 S.Ct. 1987 (2022), the U.S. Supreme Court struck a tuition assistance program that requires school districts to transmit payment...more

Jackson Lewis P.C.

District Court Rules Most Plaintiffs in Case Do Not Have Standing to Block Florida Stop W.O.K.E. Act

Jackson Lewis P.C. on

There are two key cases pending before the U.S. District Court for the Northern District of Florida on Florida’s “Stop W.O.K.E. Act”: the Falls, et al. v. DeSantis, et al., matter (No. 4:22-cv-00166) and the Honeyfund.com, et...more

Franczek P.C.

Supreme Court Issues Decision Affirming a Public Body’s Right to Censure Board Member

Franczek P.C. on

In Houston Community College System v. Wilson, the United States Supreme Court held that a public body’s verbal censure of a fellow board member did not violate the board member’s First Amendment rights. The censure followed...more

Jackson Walker

U.S. Supreme Court Affirms First Amendment Protection of Elected Bodies to Censure Members

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On March 24, 2022, the United States Supreme Court decided Houston Community College System v. Wilson, holding that an elected official does not possess an actionable First Amendment retaliation claim arising from a purely...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Houston Community College System v. Wilson

On March 24, 2022, the U.S. Supreme Court decided Houston Community College System v. Wilson, No. 20-804, concluding that an elected official does not possess an actionable First Amendment retaliation claim arising purely...more

Butler Snow LLP

Job-Seeking Posers Found to Have Standing to Challenge “Unauthorized Access” Statute

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Activists have standing to challenge a state law that prohibits unauthorized access to businesses for the purpose of sending undercover informants to apply for jobs, the United States Court of Appeals for the Eighth Circuit...more

Faegre Drinker Biddle & Reath LLP

Barr Ruling Cures Claims Arising During Life of Government-Debt Exception, Holds Texas District Court

Last week, the U.S. District Court for the Southern District of Texas concluded that plaintiffs can bring claims for violations of 47 U.S.C. § 227(b) that arose while the government-debt exception (“GDE”) to that provision...more

Dorsey & Whitney LLP

The Supreme Court - March 8, 2021

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Today, the Supreme Court of the United States issued the following decision: Uzuegbunam v. Preczewski, No. 19-968: Petitioner Chike Uzuegbunam, while attending Georgia Gwinnett College – a public college – sought to...more

Carlton Fields

Silence Is Golden, or Is It?

Carlton Fields on

Louis Brandeis famously wrote in Whitney v. California, 274 U.S. 357 (1927), that the remedy for false or harmful speech “is more speech, not enforced silence.” A recent Fifth Circuit case presented a novel question that...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 26, 2019

Carlton Fields on

Real Property Update - • Foreclosure / Reverse Mortgage / Condition Precedent: bank failed to establish that the subject property was not the principal residence of surviving co-borrower under its reverse mortgage, a...more

Robinson+Cole RLUIPA Defense

Church Ministering To Homeless Secures Preliminary Injunction Against St. Paul, Minn. For Likely RLUIPA And Free Speech Violations

A federal court in Minnesota has issued a preliminary injunction in favor of a local church ministering to the homeless, ruling that the church was likely to prevail on its RLUIPA substantial burden and First Amendment free...more

Holland & Knight LLP

Religious Institutions Update: November 2017 - Lex Est Sanctio Sancta

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Timely Topics - Serious data breaches have become routine in the United States, yet a recent survey shows that the majority of religious institutions do not have a full-time IT professional, have no system to detect a...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court 2016-17 Recap

The politics surrounding the appointment of a new justice to the U.S. Supreme Court dominated the news cycle during the 2016-17 term, but the Court’s decisions themselves have been far from controversial. As the term draws to...more

Fisher Phillips

May the 4th Be With You: Philadelphia’s Wage Equity Saga Continues

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It is only fitting that, on this day, May the 4th, which has become known colloquially as Star Wars Day, we bring you this update on Philadelphia’s Wage Equity Ordinance saga which could send significant ripples throughout...more

Robinson+Cole RLUIPA Defense

Signs 4 JC Shown the Light by NH District Court

Thou shall have the right to an electronic sign? Apparently not. Just over a year ago, Hillside Baptist Church and Signs for Jesus (together, Plaintiffs or Church) filed a complaint in the District Court for New Hampshire,...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

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A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

Skadden, Arps, Slate, Meagher & Flom LLP

"2016-17 Supreme Court Update"

In a season of political surprises, the eight-member U.S. Supreme Court has stirred no controversy with its decisions so far this term. The handful of opinions the Court released in the fall were unanimous and, for the most...more

Manatt, Phelps & Phillips, LLP

Advertising Law - August 2016 #3

ANA, 4As Battle Over Transparency Guidance - Two industry groups are engaging in a public battle over transparency. The dispute began when a joint task force was formed between the American Association of...more

Holland & Knight LLP

Religious Institutions Update: August 2016

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When was the last time your organization reviewed your insurance policies? Not all policies are equal. Many religious organizations are underinsured. Most should have general liability, property, professional liability,...more

Manatt, Phelps & Phillips, LLP

Advertising Law - May 2016

Kanye's Promise of Exclusivity a Siren Song, Suit Says - Kanye West's latest drama involves the courtroom—specifically, a putative class action complaint alleging false advertising, unfair competition, and unjust...more

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