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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 -
MG+M The Law Firm

Drones, Maps, and the First Amendment: A Pending SCOTUS Petition Could Reshape Land Surveyor Licensing

MG+M The Law Firm on

A recent petition for rehearing to the US Supreme Court (SCOTUS) in a matter involving the validity of state licensing statutes under the First Amendment has the potential to allow unlicensed drone operators to render certain...more

Adler Pollock & Sheehan P.C.

The Oft-Forgotten Shield: Noerr-Pennington in the Age of Anti-SLAPP

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Over the past three decades, anti-SLAPP statutes have become a familiar part of the litigator’s toolkit.  When a lawsuit targets speech or petitioning activity, many lawyers instinctively reach for statutory anti-SLAPP...more

Schwabe, Williamson & Wyatt PC

DEI Clause Challenge: What ANCs, Tribes, and NHOs Should Know

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On June 4, 2026, a coalition of contractor and higher-education associations filed a motion for a preliminary injunction and a 5 U.S.C. § 705 stay in National Association of Diversity Officers in Higher Education v. Trump,...more

Latham & Watkins LLP

Fifth Circuit Grants Stay of Injunction Blocking the Anti-ESG “Boycott Law”

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On May 29, 2026, the Fifth Circuit Court of Appeals granted the Texas Attorney General and Comptroller’s motion to stay a preliminary injunction blocking enforcement of Texas SB 13, the state’s 2021 law prohibiting...more

Carlton Fields

Florida Appeals Court Decisions Week of June 8 - 12, 2026

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U.S. Eleventh Circuit Court of Appeals - Jackson v. Jones - Georgia elections, fundraising caps, First Amendment challenge - iCare Child v. Cicero-Brown - injunction, due process, program participation - USA v....more

Benesch

A Defining Year For Defamation: Key Decisions And Emerging Trends

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The past year has brought a wave of significant defamation decisions that are reshaping the legal landscape for media organizations, public figures and their counsel. From the Supreme Court’s refusal to revisit a historic...more

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

Federal Contractor DEI Ban Under Fire Again: State Coalition Targets Agency Rollout

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On June 10, 2026, a coalition of twenty states and the District of Columbia filed suit in the U.S. District Court for the District of Maryland challenging federal agency actions taken to implement Executive Order (EO) 14398,...more

Benesch

Supreme Court 2025: Key Free Speech Rulings

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The Supreme Court’s 2025 decisions delivered a clear message: the government has latitude to regulate online platforms, even when doing so effectively limits speech. Both free speech cases in 2025 applied intermediate...more

BCLP

SEC Rescinds “No-Deny” Policy

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Effective May 21, 2026, the Securities and Exchange Commission has rescinded a rule that governed settlements in judicial or administrative enforcement proceedings....more

Morrison & Foerster LLP

Update: Texas App Store Law Takes Effect After Fifth Circuit Stays Preliminary Injunction

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The Fifth Circuit Court of Appeals has stayed the preliminary injunction blocking enforcement of Texas’s App Store Accountability Act (the “Act”), allowing the law to take effect immediately. At the end of 2025, app stores...more

Herbert Smith Freehills Kramer

SEC rescinds 54-year-old ‘no-deny’ settlement policy

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The Securities and Exchange Commission’s (SEC or Commission) “no-deny” settlement policy has been rescinded. Effective May 21, 2026, settling defendants are no longer prohibited from publicly denying the SEC’s allegations....more

Brownstein Hyatt Farber Schreck

It’s Giving … California: An Updated Roadmap for Nevada’s Anti-SLAPP Motion Practice

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Nevada’s anti-SLAPP statutes protect defendants against meritless, retaliatory lawsuits that are based on communications exercising certain First Amendment rights. While Nevada’s law, NRS 41.635–41.670, is modeled after...more

Littler

Littler Lightbulb – May 2026 Employment Appellate Roundup

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Supreme Court Holds FAAA Does Not Preempt Negligent Hiring Claims Against Freight Brokers - In Montgomery, v. Caribe Transport II LLC, 608 U. S. ___ (May 14, 2026), the Supreme Court addressed the scope of the safety...more

Morrison & Foerster LLP - Social Media

Social Links: The Online Safety Dance Continues

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Youth-Safety Debate Moves Down-Stack - Utah is the latest state to push online youth-safety regulation beyond social media platforms themselves. A new law (H.B. 498) requires stores to verify users’ ages and obtain...more

DLA Piper

SEC rescinds decades-old “no-deny” settlement policy: Practical implications

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The United States Securities and Exchange Commission (SEC) issued a new final rule on May 18, 2026, formally rescinding Rule 202.5(e) of its rules of informal procedure. In place for more than 50 years, Rule 202.5(e)...more

ArentFox Schiff

OMB Proposed Rule Would Codify Trump Administration Policy Requirements for Federal Financial Assistance

ArentFox Schiff on

On May 29, the Office of Management and Budget (OMB) and over 40 federal agencies jointly issued a proposed rule that would significantly change the government-wide framework for grants and cooperative agreements and clarify...more

Nossaman LLP

Compliance Notes - Vol. 7, Issue 11

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RECENT LOBBYING, ETHICS & CAMPAIGN FINANCE UPDATES - Campaign Finance & Lobbying Compliance Maine: The Maine Ethics Commission voted unanimously on May 27 to circulate an advisory statement warning candidates that...more

TNG Consulting

Cooper Union, Protected Speech, and the Boundaries of Title VI Liability

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Gartenberg v. Cooper Union became one of the most closely watched campus antisemitism cases in the country after a federal court permitted the students’ Title VI deliberate indifference claims to proceed in February 2025. And...more

Hinch Newman LLP

FTC Seeks Comment on X Corp. Petition to Set Aside or Modify FTC Order

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The Federal Trade Commission is seeking public comment on a petition from X Corp., formerly known as Twitter, to set aside or modify its 2022 settlement order with the agency....more

Ropes & Gray LLP

OMB Proposed Revisions to the Uniform Guidance: Key Takeaways for Award Recipient Organizations

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On May 29, 2026, the Office of Management and Budget (OMB), joined by federal award-making agencies, published a proposed rule in the Federal Register that would substantially revise 2 C.F.R. Part 200, commonly referred to as...more

Troutman Pepper Locke

Litigating Virginia’s Right of Publicity Laws

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By statute, Virginia recognizes a right of publicity, but the proper application of that right is still developing in the Commonwealth. Privacy litigators need to understand the often-overlooked nuances and exceptions to the...more

Vedder

SEC Rescinds Long-Standing Policy on Denials of Settlements in Enforcement Actions

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On May 18, 2026, the Securities and Exchange Commission (the “SEC” or “Commission”) announced that it had rescinded its long-standing “no-deny” policy, codified in Rule 202.5(e) of its informal rules of procedures, requiring...more

Ice Miller

SEC Transforms Settlements by Allowing Defendants to Make Their Case to the Public

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After nearly 55 years of consistent practice, the United States Securities and Exchange Commission (SEC) has rescinded its no-deny settlement policy. SEC Rule 202.5(e) has long made the Commission an outlier among federal...more

Morrison & Foerster LLP - Federal Circuitry

Inextricably Intertwined: The Fourth Circuit Invokes Rare Doctrine of Pendent Appellate Jurisdiction

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In federal court, litigants may appeal only a handful of interlocutory issues, such as preliminary injunctions and class certification. But many cases also involve other issues that either party may wish to challenge when an...more

Wiley Rein LLP

FCC Seeks Comment on Whether ABC’s The View Qualifies as a Bona Fide News Interview Program

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On May 22, 2026, the Federal Communications Commission’s (FCC) Media Bureau issued a Public Notice seeking comment on whether ABC’s daytime talk show The View qualifies as a bona fide news interview program and is exempted...more

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