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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 -
Nossaman LLP

Compliance Notes, Vol. 6, Issue 14 | Campaign Finance, Lobbying Compliance, Government Ethics

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RECENT LOBBYING, ETHICS & CAMPAIGN FINANCE UPDATES- Campaign Finance & Lobbying Compliance The U.S. Supreme Court will hear a Republican-led challenge to campaign finance limits on coordinated spending between candidates...more

Saul Ewing LLP

Pronouns and Preliminary Injunctions: Eleventh Circuit Weighs in on Employee’s Free Speech Rights in Public Schools

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The United States Court of Appeals for the Eleventh Circuit recently issued an opinion rejecting a public employee’s challenge to a Florida law that prohibits teachers from using their preferred pronouns in the classroom....more

Holtzman Vogel Baran Torchinsky & Josefiak

IRS Enters into Consent Decree Limiting Application of Johnson Amendment; New Position Allows Churches to Endorse Candidates in...

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On July 7, 2025, in National Religious Broadcasters, et al. v. Billy Long, Commissioner of the Internal Revenue Services, et al., Docket no: 6:24-cv-00311-JCB (E.D. Texas) (“NRB”), the IRS entered into a consent decree in...more

McGlinchey Stafford

IRS Agrees That Political Speech Is Permitted in Houses of Worship

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The Internal Revenue Service has reached a settlement, subject to court approval, that would permit political speech in houses of worship. Background - Section 501(c)(3) of the Internal Revenue Code defines an organization...more

Fisher Phillips

Non-Profit Snapshot: 4 Things Non-Profits Need to Know About SCOTUS’s Religious Tax Exemption Ruling

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Welcome to this edition of the FP Non-Profit Snapshot, where we take a quick look at a recent significant legal development with an emphasis on how it impacts non-profit organizations. This edition focuses on a landmark...more

Clark Hill PLC

U.S. Supreme Court endorses parental opt-out for LGBTQ+ curriculum

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On June 27, in a 6/3 majority decision in Mahmoud v Taylor, the United States Supreme Court ruled that a public school district violated parents’ constitutional right involving religious freedom by forcing their children to...more

Latham & Watkins LLP

Senators Introduce Legislation to Restrict Direct-to-Consumer Drug Advertising

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On June 12, 2025, Senators Bernie Sanders (I-Vt.) and Angus King (I-Maine) introduced the End Prescription Drug Ads Now Act, with Senators Chris Murphy (D-Conn.), Peter Welch (D-Vt.), Jeff Merkley (D-Ore.), and Dick Durbin...more

Bass, Berry & Sims PLC

Churches Can Now Endorse Political Candidates Without Losing Tax-Exempt Status

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On July 7, the Internal Revenue Service (IRS) overturned  an over 70-year-old interpretation of the Internal Revenue Code via a federal court filing in the U.S. District Court for the Eastern District of Texas, which now...more

Paul Hastings LLP

Regulating Proxy Advisors: Court Rules Advice Is Not a ‘Solicitation’ and Texas Enacts Its Own Law

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On July 1, 2025, the U.S. Court of Appeals for the District of Columbia Circuit ended more than five years of uncertainty and confusion by ruling that proxy voting advice issued by proxy advisors is not a “solicitation” under...more

Troutman Pepper Locke

Solicitors General Insights: The Tale of Two Washingtons — Regulatory Oversight Podcast

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In this episode of our special Regulatory Oversight: Solicitors General Insights series, Jeff Johnson is joined by District of Columbia Solicitor General Caroline Van Zile and Washington Solicitor General Noah Purcell to...more

Brownstein Hyatt Farber Schreck

The First Amendment and Direct-to-Consumer (DTC) Prescription Drug Ads

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Department of Health and Human Services Secretary Robert F. Kennedy, Jr. has made no secret of his disdain for television advertisements for prescription drugs. As a presidential candidate, he promised to ban those ads by...more

Carlton Fields

Florida Appeals Court Decisions Week of June 30 - July 3, 2025

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U.S. Eleventh Circuit Court of Appeals - Lamonaco v. Experian - arbitration - Labriola v. Miami-Dade - employment, First Amendment - Wood v. Fla DOE - school, transgender, § 1000.071, First Amendment - USA v....more

Dorsey & Whitney LLP

The Supreme Court Update - July 3, 2025

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The Supreme Court of the United States granted certiorari in five cases today: Little v. Hecox; West Virginia v. B.P.J., Nos. 24-38, 24-43: These two cases will address whether states may prohibit transgender women and...more

Davis Wright Tremaine LLP

2025 Take It Down Act Seeks To Rein in Both Real and Computer-Generated Intimate Images

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On May 19, 2025, President Trump signed the "Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act" (the "Take It Down Act"), making a significant change to the regulatory...more

Fox Rothschild LLP

Supreme Court Ruling on School Curriculum Puts Focus on Religious Opt Outs

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On the final day of its term, the U.S. Supreme Court ruled that public schools must accommodate parents’ religious objections to certain instructional materials — in this case, LGBTQ+-inclusive storybooks used in elementary...more

Carlton Fields

Top First Amendment Cases of the 2024-2025 Supreme Court Term

Carlton Fields on

The U.S. Supreme Court in its 2024–25 term continued to robustly protect religious liberty under the First Amendment but retreated from core First Amendment principles in two cases involving the internet....more

Pullman & Comley - School Law

U.S. Supreme Court Announces New Legal Standard for First Amendment Free Exercise Challenges to Curriculum and Instruction

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In a 6-3 decision with the justices split along familiar ideological lines, the United States Supreme Court held on Friday, June 27, in Mahmoud v. Taylor, 606 U.S. ___ (2025) (Case No. 24-297)...more

Baker Donelson

Trademark Trouble: When the F-Word Fails to Function

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Recent Supreme Court decisions underscore how viewpoint-based refusals of trademark applications are unconstitutional. But can these viewpoint-based refusals survive under the "failure-to-function" doctrine instead?...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 5, 2025

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Welcome to our fifth 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...more

Nelson Mullins Riley & Scarborough LLP

The TAKE IT DOWN Act Targets AI-Generated and Authentic Nonconsensual Intimate Images

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The Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act, the TAKE IT DOWN Act, a federal bipartisan effort to require covered platforms to remove nonconsensual intimate...more

Miller Nash LLP

Religion Reigns Supreme (Again): Supreme Court Decision Concerning Religious Objections to LGBTQ+-Inclusive Texts Requires...

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Religious freedom-based challenges to educational policies and actions have gained significant traction in recent years. Cases like Kennedy v. Bremerton School District, 597 US 507 (2022), concerning a football coach’s right...more

Miller Canfield

SCOTUS Rules Mandatory LGBTQ+ Curriculum Without Opt-Out Burdens Religious Freedom

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Can a public school require students to engage with materials that conflict with their parents’ religious beliefs without offering an opt-out? In Mahmoud v. Taylor, the U.S. Supreme Court enjoined the Montgomery County public...more

Parker Poe Adams & Bernstein LLP

Supreme Court Upholds Parental Right to Opt Out of Certain School Curriculum on Religious Grounds

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The U.S. Supreme Court ruled on Friday, June 27, that a Maryland school district’s decision to mandate instruction using LGBTQ+-inclusive storybooks, without offering notice or opt-outs to parents, violated the First...more

Hogan Lovells

Texas and Louisiana Enact Laws Requiring Warning Labels and QR Code Notices for Food Ingredients

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The states of Texas and Louisiana have each enacted first-of-their-kind warning or notice labeling requirements for food ingredients, both of which pose significant issues of concern related to the First Amendment and federal...more

Franczek P.C.

Federal Appellate Court Finds that School Board President Violated First Amendment in Restricting Followers on Social Media

Franczek P.C. on

The U.S. Court of Appeals for the Ninth Circuit, which governs federal districts in the West/Northwest, recently held that a California school board member violated the First Amendment when blocking users’ ability to access...more

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