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First Amendment › Appeals

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 -
Bond Schoeneck & King PLLC

Religious Charter Schools Continue to be Impermissible…for Now

Bond Schoeneck & King PLLC on

The State of Oklahoma has a charter school law similar in many respects to New York’s Charter Schools Act. Like in New York, Oklahoma charter schools are authorized by a state board via charter agreements between the state...more

Baker Donelson

The Supreme Court Declines to Require Religious Charter Schools

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In a one-sentence, 4-to-4 per curiam decision, the Supreme Court upheld the Oklahoma Supreme Court's ruling that approval of a religious school's participation in the state's charter school program would violate the...more

Rumberger | Kirk

Supreme Court Denies First Religious Charter School, Leaves Question Over Constitutionality Unresolved

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On May 22, 2025, the United States Supreme Court issued a one-sentence order affirming the judgment of the Oklahoma Supreme Court in the consolidated cases of Oklahoma Statewide Charter School Board v. Drummond, and St....more

Dorsey & Whitney LLP

The Supreme Court Update - May 23, 2025

Dorsey & Whitney LLP on

On Thursday, May 22, the Supreme Court of the United States issued two decisions: Kousisis v. United States, No. 23-909: This case addresses the elements of the federal wire fraud statute, 18 U.S.C. § 1343....more

Kelley Drye & Warren LLP

Multistate Coalition Files Amicus Brief in Support of Anti-Doxing Law

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This week, a bipartisan group of 42 attorneys general filed an amicus brief asking the U.S. Court of Appeals for the Third Circuit to uphold Daniel’s Law, a New Jersey statute enacted to protect public servants from ​“doxing”...more

Cozen O'Connor

Democratic AGs Author Amicus Supporting Anti-DEI EO Challenge

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A group of 18 Democratic AGs filed an amicus brief with the U.S. Court of Appeals for the Fourth Circuit supporting a trade organization’s lawsuit challenging anti-diversity, equity & inclusion (DEI) Executive Orders (EOs)....more

Carlton Fields

Florida Appeals Court Decisions Week of May 12 - 16, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Maron v. Fla CFO - Florida Unclaimed Property Act, taking, sovereign immunity - USA v. Solomon - sentencing, Hobbs Act - HM Fla v. Fla DBPR - obscenity, First Amendment - ...more

Cozen O'Connor

Ohio AG Not Backing Down on Social Media Parental Consent Law

Cozen O'Connor on

Ohio AG Dave Yost announced plans to appeal a federal court decision that struck down the state’s Parental Notification by Social Media Operators Act, which would have required online platforms to obtain parental consent...more

Quarles & Brady LLP

Prominent Jurist Issues Resounding Statement Supporting University Self-Determination Over Academic and Pedagogical Affairs

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Judge Easterbrook of the Seventh Circuit, one of the most prominent jurists in the country, recently issued a resounding endorsement of universities’ right to determine their own academic affairs. His opinion will have its...more

Greenberg Glusker LLP

Judicial Burn: Court Declares Proposition 65 Acrylamide Warning Unconstitutional

Greenberg Glusker LLP on

Acrylamide, a Proposition 65-listed substance that naturally forms in the cooking and heating of many plant-based foods, has been the focus of court action over the past six years. However, companies will no longer be...more

Farella Braun + Martel LLP

District Court Issues Permanent Injunction Enjoining Enforcement of Prop 65 Warning Requirements for Dietary Acrylamide

Farella Braun + Martel LLP on

On May 2, 2025, the Eastern District of California found that Prop 65 warning requirements for dietary acrylamide violate the First Amendment, and granted a permanent injunction enjoining enforcement of those warnings....more

Arnall Golden Gregory LLP

The DEI Battle Continues: District Court Denies Motion to Dissolve Preliminary Injunction

Arnall Golden Gregory LLP on

On May 1, 2025, the latest development unfolded in the ongoing battle between the Trump administration and certain trade groups challenging the validity of the president’s executive orders on diversity, equity, and inclusion...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Losing My Religion? 8th Circuit Finds that Freedom of Religion is Not a Justification for Employee Conduct

Pietragallo Gordon Alfano Bosick & Raspanti,... on

The past few decades have seen a Supreme Court receptive to claims brought on the basis of freedom of religion. For example, in Burwell v. Hobby Lobby Stores, Inc. (June 2014), the Supreme Court ruled that the Affordable Care...more

Orrick, Herrington & Sutcliffe LLP

District court receives joint parties’ counter to amicus brief in redlining case

Orrick, Herrington & Sutcliffe LLP on

On April 15, the CFPB filed a joint brief urging the U.S. District Court for the Northern District of Illinois to vacate a judgment and consent decree in a case involving alleged redlining practices by a financial company....more

Allen Matkins

Ninth Circuit Upholds DFPI's Commercial Financing Disclosure Rules

Allen Matkins on

On September 30, 2018, California enacted SB 1235, codified at California Financial Codes sections 22800–22805. SB 1235 requires that an offer of commercial financing for $500,000 or less be accompanied by disclosures of: (1)...more

Fenwick & West LLP

Trump’s DEI Executive Orders Hit Another Judicial Roadblock

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On Tuesday, April 15, 2025, Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois granted a motion for preliminary injunction barring the U.S. Department of Labor from enforcing the...more

Husch Blackwell LLP

State-By-State Guide to Ag-Gag Legislation - April 7 2025

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Several states have made attempts to provide the animal production industry protection against unlawful interference by enacting so-called Ag-Gag laws. A wave of litigation is challenging these laws as unconstitutional,...more

Husch Blackwell LLP

Federal Judge Upholds Iowa Ag-Gag Law in Constitutional Challenge

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On March 19, 2025, U.S. District Court Judge Stephanie Rose of the Southern District of Iowa determined that Iowa Code § 727.8A—a law passed in 2021 that prohibits unauthorized access to private property in order to record...more

Jones Day

Constitutional Challenges to Inflation Reduction Act Head to Courts of Appeals

Jones Day on

No legislation has garnered more attention in the life sciences industry in recent past than the so-called Drug Price Negotiation Program of the Inflation Reduction Act (the "Program"). ...more

Hahn Loeser & Parks LLP

U.S. District Court Judge Temporarily Blocks Department of Labor from Enforcing Certain Provisions of DEI-Related Executive Orders

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On March 27, 2025, Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois issued a temporary restraining order blocking the Department of Labor from enforcing certain provisions of Executive...more

Proskauer - California Employment Law

What Would John Wilkes Booth Do? Mandatory COVID Vaxes for Actors

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Although the threat of COVID-19 (remember that?) seems to have diminished considerably over the past five years, once upon a time in Hollywood many production companies (along with other employers) required employees to be...more

Sunstein LLP

Bad Spaniels on Remand: Parody Provides an Escape from Infringement But Not From Dilution

Sunstein LLP on

The dispute at issue in Jack Daniel’s arises from a conflict between the well-known whiskey company and a dog toy company (VIP) regarding VIP’s unauthorized use of Jack Daniel’s trademarks and trade dress in connection with a...more

Goldberg Segalla

Is Environmental Activism Litigation in Trouble?

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In a landmark decision, a North Dakota jury has ordered Greenpeace to pay over $660 million in damages to Energy Transfer, the company behind the Dakota Access Pipeline (DAPL). This verdict stems from Greenpeace’s involvement...more

Vorys, Sater, Seymour and Pease LLP

Diversity, Equity and Inclusion Back on the Chopping Block after Federal Appeals Court Ruling

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On Friday, March 14, 2025, a unanimous panel of the U.S. Court of Appeals for the Fourth Circuit stayed, pending appeal, the injunction previously entered by Judge Adam Abelson of the U.S. District Court for the District of...more

Ballard Spahr LLP

Fourth Circuit Lifts Nationwide Injunction of Executive Orders Addressing DEI Programs

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Departing from a pattern of recent federal district court decisions, the U.S. Court of Appeals for the Fourth Circuit granted the government’s application for stay pending appeal of a nationwide preliminary injunction against...more

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