News & Analysis as of May 24, 2025

First Amendment

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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 -

A Tie Goes to the Runner, a Common Law Extravaganza, and the Administration Gets a Break - SCOTUS Today

Epstein Becker & Green on 5/23/2025

Yesterday, an evenly divided 4–4 U.S. Supreme Court, with Justice Barrett having recused herself, decided in Oklahoma Statewide Charter School Board v. Drummond to leave in place the holding of the Oklahoma Supreme Court...more

Multistate Coalition Files Amicus Brief in Support of Anti-Doxing Law

Kelley Drye & Warren LLP on 5/23/2025

This week, a bipartisan group of 42 attorneys general filed an amicus brief asking the U.S. Court of Appeals for the Third Circuit to uphold Daniel’s Law, a New Jersey statute enacted to protect public servants from “doxing”...more

Democratic AGs Author Amicus Supporting Anti-DEI EO Challenge

Cozen O'Connor on 5/23/2025

A group of 18 Democratic AGs filed an amicus brief with the U.S. Court of Appeals for the Fourth Circuit supporting a trade organization’s lawsuit challenging anti-diversity, equity & inclusion (DEI) Executive Orders (EOs)....more

The Bipartisan TAKE IT DOWN Act Is Now Federal Law

Morrison & Foerster LLP - Social Media on 5/23/2025

President Donald Trump has signed the TAKE IT DOWN Act, a new federal law aimed at curbing the spread of non-consensual AI-generated pornography. The law makes it a criminal offense to create or share explicit deepfake images...more

Washington State Expands Sales and Use Tax to Digital Ads and High-Tech and IT Services

Morgan Lewis on 5/23/2025

On May 20, Washington state enacted SB 5814, expanding the sales and use tax base to include a range of high-tech and digital services, including advertising, software, and IT support. Signed into law by Governor Bob...more

Federal Court Dismisses Constitutional Challenge to New Jersey’s Telehealth Law

Greenbaum, Rowe, Smith & Davis LLP on 5/23/2025

On May 12, 2025, the U.S. District Court for the District of New Jersey entered a decision dismissing a lawsuit filed by a Massachusetts radiation oncologist and a Pennsylvania neurosurgeon, which claimed New Jersey’s...more

Oregon Labor Peace Agreement Requirement Struck Down as Preempted by NLRA

Shipman & Goodwin LLP on 5/22/2025

On May 20, 2025, the United States District Court for the District of Oregon held that the labor peace agreement (“LPA”) mandate, Measure 119, which requires all state-licensed cannabis businesses to sign a labor peace...more

Social Links: AI, Age-Gating, and the COPPA Cabana

Morrison & Foerster LLP - Social Media on 5/22/2025

CONGRESS MOVES TO BLOCK ALL STATE AI LAWS - In a late-night addition to a sweeping budget proposal, the House Energy and Commerce Committee inserted a provision in a large reconciliation package that would block state and...more

First of Its Kind Federal Legislation Addressing AI-Generated Deepfakes Signed Into Law

Hinckley Allen on 5/21/2025

On May 19, 2025, President Trump signed into law the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes Act, also known by the backronym the TAKE IT DOWN Act (the “Act”), to combat deepfake revenge...more

Guidance for Cultural Institutions Navigating the Federal Policy Landscape

WilmerHale on 5/21/2025

This client alert reports on recent developments in the Trump Administration and a shifting legal landscape that may affect the operations, funding, and tax-exempt status of cultural institutions such as museums, galleries,...more

North Carolina Bill Would Expand Workplace Violence Prevention Act

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/20/2025

North Carolina’s Senate Bill (SB) 484, sponsored by Senators Timothy Moffitt, Warren Daniel, and Danny Britt, would amend the Workplace Violence Prevention Act by allowing employers to seek restraining orders against “mass...more

Missouri Attorney General Introduces New Rule Requiring Social Media Companies to Offer Competitor Content Moderators

Kelley Drye & Warren LLP on 5/19/2025

Utilizing regulatory powers under its UDAP law, the Missouri Merchandising Practices Act (the “MMPA”), Missouri Attorney General Andrew Bailey announced a new rule, codified as 15 C.S.R § 60-19, that would prohibit social...more

Florida Appeals Court Decisions Week of May 12 - 16, 2025

Carlton Fields on 5/19/2025

U.S. Eleventh Circuit Court of Appeals - Maron v. Fla CFO - Florida Unclaimed Property Act, taking, sovereign immunity - USA v. Solomon - sentencing, Hobbs Act - HM Fla v. Fla DBPR - obscenity, First Amendment - ...more

The Academic Advisor - Education Law Insights, Issue 4, May 2025

Spilman Thomas & Battle, PLLC on 5/16/2025

Welcome to our fourth issue of The Academic Advisor for 2025. In this edition, we cover the following topics of interest for schools, institutions of higher education, and other education-focused organizations: - How a...more

Ohio AG Not Backing Down on Social Media Parental Consent Law

Cozen O'Connor on 5/16/2025

Ohio AG Dave Yost announced plans to appeal a federal court decision that struck down the state’s Parental Notification by Social Media Operators Act, which would have required online platforms to obtain parental consent...more

Coalition for a Democratic Workplace Urges US Attorney General to Unilaterally Override Biden-Era NLRB Decisions

Ballard Spahr LLP on 5/14/2025

The Coalition for a Democratic Workplace (CDW) – an association of several hundred employers and employer associations – sent letters to US Attorney General Pam Bondi to direct the National Labor Relations Board (NLRB) to...more

Prominent Jurist Issues Resounding Statement Supporting University Self-Determination Over Academic and Pedagogical Affairs

Quarles & Brady LLP on 5/13/2025

Judge Easterbrook of the Seventh Circuit, one of the most prominent jurists in the country, recently issued a resounding endorsement of universities’ right to determine their own academic affairs. His opinion will have its...more

Executive Order on Accreditation and Injunctions of Dear Colleague Letter Impact DEI in Higher Education

Pillsbury Winthrop Shaw Pittman LLP on 5/12/2025

A recent executive order attacks DEI accreditation standards as courts block enforcement of the Department of Education’s Dear Colleague Letter on race. On April 23, 2025, President Trump issued Executive Order 14279 (EO)...more

Court Finds Requiring Prop. 65 Warnings for Acrylamide in Food is Unconstitutional

Greenberg Glusker LLP on 5/12/2025

On May 2, 2025, the U.S. District Court for the Eastern District of California issued a landmark ruling in California Chamber of Commerce v. Bonta, Case No. 2:19-cv-02019, holding that Proposition 65 (“Prop. 65”) warning...more

Second Circuit Reinstates New York Reproductive Health Bias Law's Notice Requirement in Employee Handbooks

Hinshaw & Culbertson - Employment Law... on 5/9/2025

On January 2, 2025, the U.S. Court of Appeals for the Second Circuit vacated a permanent injunction that barred the enforcement of a requirement under the New York Labor Law Section 203-e (the "Act") that New York State...more

FTC Finalizes Amendments to the Children's Online Privacy Protection Act Rule

Jones Day on 5/9/2025

On April 22, 2025, the Federal Trade Commission ("FTC") published the finalized amendments to the Children's Online Privacy Protection Act ("COPPA") Rule (the "Rule"), marking the first major update since 2013....more

American Chemistry Council v. Bonta: A Decision in Support of Trade and Professional Associations’ First Amendment Rights

ArentFox Schiff on 5/9/2025

Does the First Amendment protect associations’ communications with their members when petitioning government agencies?...more

New Federal Court Decision Holds Proposition 65 Warnings Are Not Required Where There Was No Scientific Consensus on the...

King & Spalding on 5/9/2025

In an important decision under California’s Proposition 65, a federal court recently ruled that businesses cannot be required to provide a product warning under Proposition 65 where there is no scientific consensus on whether...more

Judicial Burn: Court Declares Proposition 65 Acrylamide Warning Unconstitutional

Greenberg Glusker LLP on 5/8/2025

Acrylamide, a Proposition 65-listed substance that naturally forms in the cooking and heating of many plant-based foods, has been the focus of court action over the past six years. However, companies will no longer be...more

Balancing Free Speech and Workplace Harmony: Navigating Political Expression in the Modern Office

Oppenheimer Investigations Group on 5/8/2025

A public-school teacher wears a MAGA hat at a training session on cultural sensitivity (Dodge v. Evergreen School District #114, 56 F.4th 767 (9th Cir. 2022)), an actress in a mega-million-dollar film posts controversial...more

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First Amendment

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