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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 -

Internet Law: Is Facebook Violating The TCPA Via Text Message?

by Revision Legal on

There a few cases percolating through the federal courts accusing Facebook of illegal robocalling via their automated text messaging. One example is Brickman v. Facebook, Inc., No. 16 Civ. 00751 (N.D. Cal. Jan. 27, 2017)...more

CA Court of Appeal Confirms Narrow Construction for Anti-SLAPP Commercial Speech Exemption

A recent California Court of Appeal decision highlights the narrow construction given to the commercial speech exemption of California’s anti-SLAPP statute, and the burden on plaintiffs opposing an anti-SLAPP motion on the...more

Pave it! RFRA Unlikely to Protect Sacred Burial Ground

A Federal Magistrate Judge for the United States District Court of Oregon recently issued findings and recommendations in Chief Wilder Slockish, et al. v. U.S. Federal Highway Administration, et al., concluding that federal...more

The Latest in the Prop. 65 World: Processed Meat; Lead and Cadmium in Chocolate; and Glyphosate in Herbicides

by Downey Brand LLP on

February was a busy month in the Proposition 65 world with two developments that may impact businesses that manufacture or sell processed meat or chocolate products. In addition, the United States District Court for the...more

Investigative Report At Center of Alleged SLAPP

by LeClairRyan on

An interesting case is playing out in DC Superior Court. The plaintiffs allege, in a 103-page, 535-paragraph complaint, that they were defamed and cast in a false light in a 541-page report that was commissioned by the...more

It’s Official — Trademarks are “FUCT”

It was only a matter of time. THE “GOOD OLD DAYS” BEFORE DISPARAGING, VULGAR AND SCANDALOUS TRADEMARKS For seventy years the United States Patent and Trademark Office (USPTO) refused to register marks that consisted of...more

Prop. 65 Litigation Involving Acrylamide Heats Up on Eve of Ruling in Coffee Cases

by Bryan Cave on

California Proposition 65 litigation over acrylamide in food has been heating up lately, receiving national news coverage in anticipation of a ruling in a fiercely contested case involving exposure to acrylamide in...more

Religious Land Use Controversy Brewing in Laurel, Maryland: Can a Church Worship in a Coffee Shop?

Redemption Community Church (the “Church”) has filed a federal lawsuit against the city of Laurel, Maryland (the “City”), after the City issued a cease and desist order prohibiting the Church from offering religious services...more

Social Links: Inline link to tweet with photo could constitute copyright infringement; proposed California legislation could...

In a decision that has generated considerable controversy, a federal court in New York has held that the popular practice of embedding tweets into websites and blogs can result in copyright infringement. Plaintiff Justin...more

Satanists Sue Scottsdale, AZ Over Legislative Prayer Policy

The Satanic Temple and one of its members, Michelle Shortt, are suing the city of Scottsdale, Arizona and individual municipal officials in federal court, alleging that a Satanist was denied the opportunity to open a City...more

Sixth Circuit Finds EEOC’s Enforcement Of Title VII Does Not Need To “Give Way” To Religious Freedom Restoration Act

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In its recent decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., No. 16-2424, 2018 U.S. App. LEXIS 5720 (6th Cir. Mar. 7, 2018), the U.S. Court of Appeal for the Sixth Circuit has sent the strong...more

The Sixth Circuit Sides With The EEOC’s Position On Scope Of Title VII Relative To Gender Identity

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In its recent decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., No. 16-2424, 2018 U.S. App. LEXIS 5720 (6th Cir. Mar. 7, 2018), the U.S. Court of Appeal for the Sixth Circuit has sent the strong...more

The Survival Of Abood v. Board Of Education, Part 4

by SmithAmundsen LLC on

Just last week on February 26th, the United States Supreme Court heard arguments in Janus v. AFSCME, a case in the Court’s 2017 term with a potential of adversely impacting the viability and influence of public sector unions....more

Scientist Drops Suit After Anti-SLAPP Hearing

by LeClairRyan on

There have been several notable developments in the scientist v. scientist case since our last post. In January, Mark Jacobson responded to the anti-SLAPP motions filed by the National Academy of Sciences and Christopher...more

District Court Delivers Opinion For The Ages Striking AB 1687 As Violation Of IMDb’s First Amendment Rights

by Fox Rothschild LLP on

California’s Actor-Age Censorship Law (AB 1687), which would have required to remove age-related information from its web pages, was declared unconstitutional by a district court last month on free speech...more

Does Your Trademark Have Relevant Artistic Expression?

by Newmeyer & Dillion LLP on

Traditionally speaking, we think of a ‘trademark’ protected under the Lanham Act as a mark used to identify and distinguish a good or service from other goods and services on the market. But what if the purported ‘trademark’...more

Brunetti decision paves way for offensive (even obscene) trademarks

by McAfee & Taft on

Last July, in an article titled “Free speech legal battle changes law on disparaging trademarks,” we reported that the U.S. Supreme Court ruled in Matal v. Tam that the Lanham Act’s prohibition of disparaging marks was an...more

Food and Beverage News and Trends

by DLA Piper on

Federal government kicks off the process for revamping the nation's Dietary Guidelines. On February 28, the USDA and the US Department of Health and Human Services formally began the latest process of updating the Dietary...more

Hot Topics from the Community Association Institute's Law Seminar

by Ward and Smith, P.A. on

Each year, the Community Association Institute ("CAI") assembles the top community association attorneys from around the country to participate in its Community Association Law Seminar, an education and networking event that...more

Prop 65 Preliminary Injunction and “Fake News”

A recent Federal Court decision on the issue of whether to grant a preliminary injunction in the ongoing saga of the appropriateness of adding the pesticide Glyphosate to the CA Prop 65 list has become the grist for the “Fake...more

Supreme Court to Hear Argument on California Law Requiring Pro-Life Clinics to Notify Patients of Abortion Services

by Hodgson Russ LLP on

The United States Supreme Court is poised to hear a First Amendment case likely to determine the boundaries for government-imposed speech. Although the case arises in the controversial area of abortion rights, the outcome may...more

Student activism after Parkland—Some First Amendment considerations for school district leaders

by Hogan Lovells on

After the tragic February 14 shooting at Marjory Stoneman Douglas High School in Parkland, Florida, students across the country have taken to the streets. Students have met with lawmakers, engaged in protests, and staged...more

NSBA Releases Guidance on Student Walkouts and the First Amendment

by Franczek Radelet P.C. on

As we discussed in our previous alert, various actions and protests are being planned in the wake of the February 14 school shooting in Parkland Florida, including a National School Walkout planned for March 14. ...more

See You In Court! – March 2018

by Shipman & Goodwin LLP on

Mark Millennial was recently elected to the Nutmeg Board of Education. More than ten years younger than any of the other Board members, Mark brings a new approach to Board service. His presence on social media is far more...more

When Data Scraping and the Computer Fraud and Abuse Act Collide

by Patrick Law Group, LLC on

As the volume of data available on the internet continues to increase at an extraordinary pace, it is no surprise that many companies are eager to harvest publicly available data for their own use and monetization. Data...more

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