News & Analysis as of

Supreme Court of the United States Freedom of Expression

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Bilzin Sumberg

Supreme Court’s Social Media Ruling Tilts Toward Free Speech

Bilzin Sumberg on

The US Supreme Court this month declined to rule on whether Florida and Texas laws limiting social media platforms’ content moderation violates the First Amendment, sending the issue back to the lower courts. But in doing so,...more

DRI

Curation Litigation: Social Networks’ Right to Be Unsociable

DRI on

“My freedom of speech stimulates your freedom to tell me I’m wrong.” – P.J. O’Rourke - In what is certainly the most important First Amendment decision of the term, if not recent memory, the US Supreme Court this summer will...more

Bradley Arant Boult Cummings LLP

Jack Daniel’s and Bad Spaniels: SCOTUS Hears Dog Fight Between Trademark Protection and Parodic Products

On Wednesday, March 22, the Supreme Court heard a case for the dogs — and trademark law. Whiskey maker Jack Daniel’s Properties, Inc., sued dog toy parody company VIP Products LLC for trademark infringement and dilution over...more

Bass, Berry & Sims PLC

Supreme Court Decides Uzuegbunam v. Preczewski: A Request for Nominal Damages is All You Need

On March 8, the United States Supreme Court issued its opinion in Uzuegbunam v. Preczewski, holding that a claim for nominal damages saves a claim from dismissal on mootness grounds. For more background on the case, see the...more

Bass, Berry & Sims PLC

Supreme Court Hears Oral Argument: Do Nominal Damages Requests Save a Case from Mootness?

Bass, Berry & Sims PLC on

On January 12, the United States Supreme Court heard oral argument in the case of Uzuegbunam v. Preczewski, which occurred in the context of religious speech on a college campus. The question at issue in the case is whether a...more

Sullivan & Worcester

The Slants and the Future of Disparaging Trademarks

Sullivan & Worcester on

Trademark and copyright law are in a constant struggle with the right of free expression guaranteed under the First Amendment of the US Constitution. This is unavoidable. Copyright laws were enacted to protect authors of...more

Lewitt Hackman

Can Kim Davis Be Fired? What CA Employers Should Know About Religious Accommodations

Lewitt Hackman on

Last June, the U.S. Supreme Court determined that same-sex marriages are a fundamental liberty protected by the 14th Amendment of the U.S. Constitution – and that states must issue marriage licenses to same-sex couples....more

Davis Wright Tremaine LLP

Tinker, Take Two

Two legendary figures in the ongoing fight for student free speech rights are asking the Supreme Court to revisit this thorny area of First Amendment jurisprudence. John and Mary Beth Tinker were petitioners forty-six years...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

High Court Dismisses UNITE HERE, Leaves Neutrality Agreements Issues Undecided

This morning, in a per curiam opinion, the Supreme Court of the United States dismissed the writ of certiorari in UNITE HERE Local 355 v. Mulhall as improvidently granted. As a result, the high court will not consider the...more

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