News & Analysis as of May 9, 2025

First Amendment › Constitutional Challenges

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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 -

Judicial Burn: Court Declares Proposition 65 Acrylamide Warning Unconstitutional

Greenberg Glusker LLP on 5/8/2025

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

Balancing Free Speech and Workplace Harmony: Navigating Political Expression in the Modern Office

Oppenheimer Investigations Group on 5/8/2025

A public-school teacher wears a MAGA hat at a training session on cultural sensitivity (Dodge v. Evergreen School District #114, 56 F.4th 767 (9th Cir. 2022)), an actress in a mega-million-dollar film posts controversial...more

Social Links: Statehouse v. Smartphone

Morrison & Foerster LLP - Social Media on 5/8/2025

OHIO SOCIAL MEDIA LAW STRUCK DOWN - On April 16, 2025, a federal judge in Ohio ended the state’s ambitious plan to severely limit social media access for minors. The court permanently blocked Ohio’s Attorney General from...more

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

Farella Braun + Martel LLP on 5/8/2025

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

Federal Court Declines to Block DEI Executive Orders, Rejecting Due Process and First Amendment Arguments

Seyfarth Shaw LLP on 5/7/2025

On May 2, 2025, a federal district court in Washington, DC declined to issue a preliminary injunction blocking provisions of recent Executive Orders (EO 14151, EO 14168, and EO 14173) which are focused on unlawful DEI...more

Federal Court Curbs California’s Proposition 65, Giving Some Relief to Businesses Selling Products in California

Dorsey & Whitney LLP on 5/7/2025

California’s Proposition 65 (“Prop 65”), is well-known to companies selling consumer products, including food and beverage items in California. It is common to see Prop 65 warning labels on everything from household...more

Court Overturns Prop 65 Acrylamide Warning

Downey Brand LLP on 5/6/2025

On May 2, a federal district court in Sacramento permanently enjoined the Prop 65 warning for acrylamide in food, finding it to be unconstitutional. At issue in the case, California Chamber of Commerce v. Bonta (E.D. Cal. No....more

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

Arnall Golden Gregory LLP on 5/5/2025

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

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

Pietragallo Gordon Alfano Bosick & Raspanti,... on 5/2/2025

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

Supreme Court Appears Split on Whether to Approve Religious Charter School

Rumberger | Kirk on 5/2/2025

On April 30, 2025, the United States Supreme Court heard oral arguments in the consolidated cases of Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond. If the...more

Arkansas “Social Media Safety Act” Ruled Unconstitutional

Saiber LLC on 5/1/2025

On March 31, 2025, a judge of the United States District Court for the Western District of Arkansas, granted summary judgment for the plaintiff in NetChoice, LLC v. Griffin, a case in which NetChoice, an internet trade...more

Federal Judge in New Hampshire Grants Preliminary Injunction Blocking Education Department’s DEI Letter

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/1/2025

On April 24, 2025, a federal judge of the U.S. District Court for the District of New Hampshire largely blocked the U.S. Department of Education from cutting funding for schools that refuse to drop diversity, equity, and...more

Harvard University Sues Trump Administration Over Federal Funding Freeze

Saul Ewing LLP on 4/30/2025

Harvard University has filed a lawsuit challenging the Trump Administration’s decision to freeze more than $2 billion in federal grants and contracts benefitting Harvard. The funding freeze came after Harvard refused a list...more

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

Orrick, Herrington & Sutcliffe LLP on 4/28/2025

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

Federal Judge Blocks Key DEI Executive Order Provisions

Proskauer - Law and the Workplace on 4/28/2025

On April 14, 2025, the U.S. District Court for the Northern District of Illinois issued a preliminary injunction preventing the U.S. Department of Labor (“DOL”) from enforcing a certification provision and termination clause...more

Title IX and Title VI Enforcement Continues, “Dear Colleague” Pause for Some, and SCOTUS Hears LGBTQ Curriculum Challenge

Franczek P.C. on 4/25/2025

We took the week off from our Week in Review alert last week as it was a (relatively) slow week. However, as it tends to happen after a slow week, developments picked back up this week....more

District Court Blocks Department of Labor Enforcement of Contractor DEI Certification Requirement

Bass, Berry & Sims PLC on 4/24/2025

On April 14, U.S. District Judge Matthew F. Kennelly ruled, in relevant part, that the U.S. Department of Labor (DOL) cannot require federal grant recipients to certify that their diversity, equity and inclusion (DEI)...more

Ninth Circuit Upholds DFPI's Commercial Financing Disclosure Rules

Allen Matkins on 4/23/2025

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

U.S. District Court Judge Grants Preliminary Injunction Blocking Department of Labor from Enforcing Certain Provisions of...

Hahn Loeser & Parks LLP on 4/21/2025

On April 2, we reported that Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois had issued a temporary restraining order blocking the Department of Labor from enforcing certain provisions...more

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First Amendment › Constitutional Challenges

Judicial Burn: Court Declares Proposition 65 Acrylamide Warning Unconstitutional

Balancing Free Speech and Workplace Harmony: Navigating Political Expression in the Modern Office

Social Links: Statehouse v. Smartphone

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

Federal Court Declines to Block DEI Executive Orders, Rejecting Due Process and First Amendment Arguments

Federal Court Curbs California’s Proposition 65, Giving Some Relief to Businesses Selling Products in California

Court Overturns Prop 65 Acrylamide Warning

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

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

Supreme Court Appears Split on Whether to Approve Religious Charter School

Arkansas “Social Media Safety Act” Ruled Unconstitutional

Federal Judge in New Hampshire Grants Preliminary Injunction Blocking Education Department’s DEI Letter

Harvard University Sues Trump Administration Over Federal Funding Freeze

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

Federal Judge Blocks Key DEI Executive Order Provisions

Title IX and Title VI Enforcement Continues, “Dear Colleague” Pause for Some, and SCOTUS Hears LGBTQ Curriculum Challenge

District Court Blocks Department of Labor Enforcement of Contractor DEI Certification Requirement

Ninth Circuit Upholds DFPI's Commercial Financing Disclosure Rules

U.S. District Court Judge Grants Preliminary Injunction Blocking Department of Labor from Enforcing Certain Provisions of...

Court Permanently Blocks DOL from Enforcing DEI Certification Provisions

Democratic AGs Support Law Firms Subject to Executive Orders

Trump’s DEI Executive Orders Hit Another Judicial Roadblock

No wrongful discharge claim based on exercise of rights under state Constitution, Tennessee high court says

Federal District Court Temporarily Blocks DOL from Requiring DEI Certification Provisions

FCC Takes Aim at Media Companies’ IE&D Efforts

First Amendment › Constitutional Challenges

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