News & Analysis as of

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 -

Trump v. the NFL: Can the Players Sue the President? The Answer Isn’t So Simple

by Kelley Drye & Warren LLP on

A few Sundays ago, Terry Bradshaw, the Hall of Fame quarterback, used his platform as the longtime co-host of the television program Fox NFL Sunday to address the growing controversy over some NFL players choosing to kneel...more

Farm Workers Union Challenges New North Carolina Law

by Nexsen Pruet, PLLC on

This summer, the NC Legislature passed the North Carolina Farm Act of 2017 (“Farm Act”). The law amended an existing statute by countering indirect unionization tactics and protecting farmers against having to collect union...more

Top Five Labor Law Developments For October 2017

by Jackson Lewis P.C. on

Home health aides who successfully objected to the collection of “fair share” fees without their consent may not proceed as a class, a panel of the U.S. Court of Appeals for the Seventh Circuit, in Chicago, has ruled,...more

Is the Reproduction of a Branded Product in a Depiction of Real Life an Infringement?

AM General LLC, maker of HUMVEE®-branded vehicles, has sued Activision Blizzard, Inc., Activision Publishing, Inc., and Major League Gaming Corp. in the Southern District of New York for using AM General’s trademarks and...more

The Supreme Court - November 13, 2017

by Dorsey & Whitney LLP on

Today, the Supreme Court granted certiorari in the three cases: Minnesota Voters Alliance v. Mansky, No. 16-1435: Is Minnesota Statute Section 211B.11, which broadly bans all political apparel at the polling place,...more

The U.S. Supreme Court, Unions, And The Future Of Collective Bargaining In The Public Sector

The U.S. Supreme Court will soon hear a case that has the potential to rock the world of unions that represent public sector employees in Rhode Island and throughout the country. The Court will decide whether state...more

New York Ballot Selfie Ban Upheld… For Now

by Reed Smith on

In the first iteration of what is expected to be a hot constitutional issue, a Federal court in New York upheld New York’s ban on ballot-box selfies. The court found the law triggered strict scrutiny as the result of its...more

Protecting Your Company Against the Perils of Office Parties

by Snell & Wilmer on

Whether you’re ready or not, it’s almost time to deck the halls and pull out the punch bowl for your office holiday party. But before you start dusting off your religiously neutral décor, make sure you take steps to limit the...more

SCOTUS Denies Review of Indiana Anti-Robocall Law

by Reed Smith on

The U.S. Supreme Court denied nonprofit Patriotic Veterans, Inc.’s petition for review of Indiana’s ban on the use of technology that automatically dials residential phone numbers and plays prerecorded messages. Patriotic...more

California Court Enjoins Canadian Court’s Global De-listing Order to Google as Contrary to CDA

In a decision that sets up a potential international comity showdown, a California district court granted Google’s request for a preliminary injunction preventing enforcement in the U.S. of a Canadian court order that...more

Trademark Case Too “Banal” To Justify Social Media Gag Order

Before the social media era really kicked into gear, I was representing a defendant in a defamation case who was being sued by a very wealthy plaintiff. Because of his charitable generosity, the plaintiff’s name was on...more

Can You Be Fired for Flipping off the President? Yes...Well...Maybe Not

by Dorsey & Whitney LLP on

There is a widespread myth in this country that the First Amendment protects free speech in the workplace. Employees who loudly state controversial opinions often think the First Amendment protects them from being fired as a...more

Want To Pan Your Employer Online? Be Careful!

Your reviews of your employer may not be as anonymous as you think. The U.S. Court of Appeals for the Ninth Circuit has affirmed an order directing Glassdoor, Inc., to disclose information about eight individuals who...more

The Google Injunction: US Federal Court Responds to Supreme Court of Canada

by Field Law on

As noted in our recent summary of the Supreme Court of Canada (SCC) decision in the ongoing fight between Google and Equustek Solutions, Google lost in Canada’s top court. Google promptly filed an application in US Federal...more

Is the DOJ's Approval of AT&T's Acquisition of Time Warner Conditioned on the sale of CNN?

by Womble Bond Dickinson on

According to several news outlets, the Department of Justice has called on AT&T and Time Warner to sell DirectTV or Turner Broadcasting, which includes CNN, in order to gain approval of AT&T's $84.5 billion acquisition of...more

Flipping Out Over Flipping Off: What Are the Limits on Regulating Employee Political Speech?

Around the end of October, a photo of a government contractor employee flipping the bird to President Trump’s motorcade went viral after the woman made it her profile picture on Facebook. She was subsequently fired for a...more

What blockchain can learn from the net neutrality debate: antitrust and regulatory aspects of “paid prioritization” for a nascent...

by Hogan Lovells on

First come, first served. That’s not the principle behind the clearance of Bitcoin transactions. Equally for other blockchain technology networks, the relevant factor to get a transaction on the next available block is not...more

Facial challenge to Chicago parking standard fails

“When is a church like a library?,” the District Court for the Northern District of Illinois recently asked. Immanuel Baptist Church (the “Church”) hoped to continue operations in a Chicago neighborhood when, in 2016, the...more

There’s no debate: freedom of speech presents challenging legal issues for workers and employers in the age of social media

by Womble Bond Dickinson on

John Pueschel, partner in the Winston-Salem office of Womble Bond Dickinson, examines the limits on employee free speech and use of social media against the background of recent events at Google and in Charlottesville....more

Supreme Court Considering Whether to Limit the “Business of Rigging Elections”

by Womble Bond Dickinson on

On January 27, 1998, the Winston-Salem Journal featured an article discussing the lack of competitive Congressional races in North Carolina. John Hoeffel, Six Incumbents Are a Week Away From Easy Election, Winston-Salem...more

See You In Court! – November 2017

by Shipman & Goodwin LLP on

As the football season wound down in Nutmeg, Bob Bombast went on a Facebook rant against the players in the NFL who take a knee during the playing of the National Anthem. Coach Rock, veteran coach at Nutmeg Memorial High...more

Microsoft Claims Victory in Challenge to DOJ’s Practice of Seeking “Gag Orders” under the Stored Communications Act

by Morrison & Foerster LLP on

Last week, the Department of Justice (DOJ) announced a new policy that significantly restricts its practice of seeking non-disclosure orders under the Stored Communication Act (SCA), 18 U.S.C. § 2705(b), in connection with...more

The Past, Present, and Future of Government Regulation of Off-Label Communications – Part 5

In this post, I will be focusing on the intersection of off-label communications with government enforcement of health care fraud through the False Claims Act. Over the past eight years, the U.S. Department of Justice (“DOJ”)...more

To Kneel or not to Kneel; What is the Question?

by Miles & Stockbridge P.C. on

The recent controversy surrounding NFL players kneeling during the National Anthem raises an interesting question concerning the protection of the National Labor Relations Act (NLRA) vis-à-vis work-place protests over social...more

Kenyan Church Claims Baltimore County’s Land Use Regulations Impose Substantial Burden

Last week, Jesus Christ is the Answer Ministries, Inc. (the “Church”), a nondenominational Christian church in Baltimore County, Maryland, and the Church’s pastor, Reverend Lucy Ware, filed suit against Baltimore County,...more

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