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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 -

What Schools Can Do About Cyberbullying

Partner Gregory Rolen explores this hot button topic in an article which was originally published in the Daily Journal on May 14, 2018. The article addresses a difficult subject for schools and school administrators who are...more

Another Judge Refuses To Apply Anti-SLAPP Statute In Federal Court Diversity Case

by LeClairRyan on

For those hoping that, after the DC Court of Appeals’ Mann decision, DC federal district judges would again apply the DC anti-SLAPP statute in a diversity suit, as multiple judges had done before the DC Circuit’s Abbas...more

For adults only: A peep at immoral and scandalous marks in the US

The landmark case, Matal v. Tam, forever altered the innocence of the trademark landscape. The case, interestingly enough, involved a musical group wanting to trademark a seemingly disparaging mark. ...more

Constitutional Challenge To CFAA Survives Motion To Dismiss As D.C. Court Weighs In On Circuit Split

On March 30, 2018, in Sandvig v. Sessions, the U.S. District Court for the District of Columbia allowed one of several constitutional challenges to the Computer Fraud and Abuse Act to survive a motion to dismiss. ...more

Philadelphia District Court Strikes Down Portion of Salary History Ban

by Hogan Lovells on

On April 30, 2018, a Philadelphia federal judge issued an opinion striking down a portion of Philadelphia’s salary history ban. Salary history bans have become increasingly common tools used by various cities and states...more

Minnesota Court of Appeals Extends Fair Report Privilege to Stories that Accurately Summarize Police Press Conferences and Press...

by Kelley Drye & Warren LLP on

The Minnesota Court of Appeals recently ruled that the “fair-report privilege” protects the media against defamation claims for news reports that accurately summarize official press conferences held by law enforcement or law...more

You Can Ask About It, But You Can’t Rely Upon It: Finally, a Resolution to the Constitutionality of Philadelphia’s Wage Equity...

by Fisher Phillips on

According to the late great Tom Petty, “the waiting is the hardest part.” The United States District Court for the Eastern District of Pennsylvania (the “Court”), however, begs to differ with The Heartbreakers’ leading man....more

Without Doubt, Anonymous Sources Do Not Equate to Actual Malice

by Kelley Drye & Warren LLP on

On April 25, 2018, the Second Circuit affirmed the district court’s dismissal of Venezuela’s “Number Two” politician’s, Diosdado Cabello-Rondon (“Cabello”), libel suit against Dow Jones & Company, Inc. (“Dow Jones”). The...more

Superior Court Expands Definition Of “Discipline” Under Conn. Gen. Stat. § 31-51q.

by Shipman & Goodwin LLP on

On April 25, 2018, a Connecticut state court judge issued a decision giving a more expansive definition to the term “discipline” as it is used in Connecticut General Statutes § 31-51q (“Section 31-51q”). In doing so, the...more

Court Admonishes Village for Adopting Laws with a Discriminatory Purpose

by Farrell Fritz, P.C. on

Local governments in New York may regulate land use within their borders directly through their zoning codes and indirectly by adopting a variety of other statutes and regulations. ...more

Superior Court Dismisses Anti-SLAPP Complaint Aimed at Arbitration

by LeClairRyan on

Last year, I blogged about the Wilkenfeld v. Steward Partners complaint filed in DC Superior Court, where Ari Wilkenfeld was asking the court to stop an arbitration from proceeding against him, because he believed the...more

Arizona Passes New Law to Bolster Campus Free Speech

by Ballard Spahr LLP on

In the midst of heightened political activism among students and employees at academic institutions across the nation, Arizona has enacted legislation designed to protect free speech on its college campuses....more

Mixed Results for Employers in Legal Challenge to Philadelphia’s Salary History Ban Ordinance

by White and Williams LLP on

Court distinguishes between unlawful “Reliance” on wage history in setting wage rates and lawful “Inquiries” into wage history - The City of Philadelphia was the first city in the United States to enact an ordinance...more

Portion of Philadelphia Salary History Ban Ruled Unconstitutional

by Pepper Hamilton LLP on

In a ruling that could provide a roadmap for challenging salary history bans in other jurisdictions, a Philadelphia federal judge issued an opinion on April 30 invalidating a major element of the Philadelphia salary history...more

Researchers May Challenge the Constitutionality of the CFAA “Access” Provision as Applied to Web Scraping

Such Scraping “Plausibly Falls within the Ambit of the First Amendment” The Ninth Circuit is currently considering the appeal of the landmark hiQ decision, where a lower court had granted an injunction that limited the...more

First Amendment Watchdogs Warily Regard Passage of FOSTA

by Jackson Walker on

In March, the Senate almost unanimously passed the Allow States and Victims to Fight Online Sex Trafficking Act (“FOSTA”). On April 11, President Trump signed FOSTA into law. As the name implies, Congress’ goal is to give law...more

New York State Trial Court: Supporting Trump is Not a Religion

New York Post reports that a New York state trial court judge tossed a discrimination lawsuit brought by Greg Piatek, a President Trump supporter, against a West Village bar. ...more

Real Litigation - Reichenbach v. Haydock

by Goulston & Storrs PC on

In Reichenbach v. Haydock, 92 Mass.App.Ct. 567 (2017), the Massachusetts Appeals Court clarified the evolving legal framework used to determine whether a case should be dismissed under G.L. c. 231, § 59H, the anti-Strategic...more

When Does a Party “Prevail” Under the DC Anti-SLAPP Statute

by LeClairRyan on

When I last wrote about the Jacobson v. Clack case, Jacobson had voluntarily dismissed the suit (two days after a hearing on the defendants’ anti-SLAPP motion, but before the Superior Court ruled on the motion). I wondered if...more

Federal Court Rejects Church’s Religious Land Use Claims Based on Government’s Legitimate Zoning Concerns

A federal court in Nevada has ruled that the denial of a church’s special use permit application to develop property with a house of worship did not violate RLUIPA’s substantial burden provision, the Equal Protection Clause,...more

Christian School’s Claims Dismissed as Unripe Under Midrash Sephardi

A district court in the Southern District of Florida has dismissed as unripe claims brought by Centro de Ensenanza Palabra de Fe, Inc. (“Centro”), a tax-exempt religious organization that operates a daycare center and...more

California Court Rules District Cannot Prohibit Students From Kneeling During The National Anthem At School Sporting Events

In what appears to be the first decision on this issue in the country, a federal court in California granted a high school athlete’s request for an injunction overturning his high school’s prohibition against athletes...more

New Lawsuit Claims First Amendment Protections for Political Speech for Employee of Private Sector Company

Every lawyer learns in their first year of law school’s Constitutional Law class that the First Amendment does not shield people from the consequences of their statements. Free speech guarantees only prohibit the government...more

Social Links: Revenge porn victim awarded $6.4M; the discoverability of photos posted to Facebook; can users be blocked from...

Based on copyright infringement, emotional distress and other claims, a federal district court in California awarded $6.4 million to a victim of revenge porn, the posting of explicit material without the subject’s consent....more

From East Coast to West Coast: Actresses Lose Right of Publicity Cases as Courts Rule in Favor of the First Amendment Rights of...

The end of March brought favorable rulings – from opposite coasts – for right of publicity defendants. In both de Havilland v. FX Networks, et al., Case No. B285629, 2018 WL 1465802 (Cal. Ct. App. Mar. 26, 2018) and Lohan v....more

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