News & Analysis as of

Public Forum First Amendment

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

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

Battle Over Controversial Student Art in U.S. Capitol Lands in Court—First Amendment in Focus Again

by Sullivan & Worcester on

For several weeks earlier this year, an odd battle was waged in the halls of the U.S. Capitol over a controversial work of art by a high school student placed there after an art competition in St. Louis. At issue is whether...more

Foreign Officials, Defamation Claims and the DC anti-SLAPP Statute

by LeClairRyan on

First was the lawsuit filed by Yasser Abbas, the son of the Palestinian President, against Foreign Policy Group and one of its reporters, alleging that they defamed him by asking whether he was profiting from his father’s...more

Exhibition Interference Shows That Public Institutions Still Struggle with First Amendment

by Sullivan & Worcester on

Use of Confederate Flag in California Painting and Klan Imagery in Massachusetts Leads to Removal of Controversial Works - Two recent interventions by public authorities to remove controversial works of art underscore...more

Seventh Circuit Cuts Through First Amendment Forum Jargon and Issues Robust Defense of Free Expression

by Foley & Lardner LLP on

Like many cities across the country, Fort Wayne, Indiana raises money through advertisements that it sells on the inside and outside of the buses it operates. And like many cities, Fort Wayne has a number of regulations on...more

School Restriction on Decorating Graduation Cap Upheld

by Shipman & Goodwin LLP on

It is graduation season and issues concerning graduation conduct and dress come to the forefront during this time of the year. A recent decision by the United States District Court for the Northern District of Oklahoma...more

Don’t Shoot the Messenger—Student Art Removed, First Amendment Notwithstanding

by Sullivan & Worcester on

Last fall we had occasion to address the extent to which public displays of art and attempts at controlling the content of them can run afoul of the First Amendment. In that case, public outrage at artwork submitted by...more

Take Your Damn Free Speech Elsewhere: T Public Property Not a Legal Public Forum

by PretiFlaherty on

The MBTA, we learned this week, is reworking its already strict guidelines for advertising on T property. Metro Boston’s transit system wants to prohibit “ads concerning political issues or matters of public debate,”...more

CAS Legal Mailbag Question of the Week – 10/16/15

by Shipman & Goodwin LLP on

At my school, we like to treat everyone like family. Over the years, we have been more than happy to help publicize various events and causes for members of our school “family.” Whenever a parent or other community member has...more

Federal Appeals Court Questions State Senator's Order to Remove a Dissident from the Senate Building

by Best Best & Krieger LLP on

Removal Order Could Have Violated the First Amendment - Salvador Reza, a member of a community group focused on protecting migrant workers, attended an Arizona Senate session during a legislative hearing on a...more

County's Decision to Reject Controversial Ad Did Not Violate the First Amendment

by Best Best & Krieger LLP on

Rejecting a First Amendment challenge, a county can choose to not run an advertisement on its own bus system if it might cause vandalism and violence, the Ninth Circuit U.S. Court of Appeals held this week. The court...more

California High Court Issues Important Ruling on Labor Speech Rights of Unions on Private Property

by Holland & Knight LLP on

The California Supreme Court recently issued its decision in Ralphs Grocery Company v. United Food and Commercial Workers Union Local 8. Although the ruling resolved a long-standing dispute between a supermarket owner and the...more

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