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First Amendment › Supreme Court of the United States

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 -
Pietragallo Gordon Alfano Bosick & Raspanti,...

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

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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

Rumberger | Kirk

Supreme Court Appears Split on Whether to Approve Religious Charter School

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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

Gibney Anthony & Flaherty, LLP

Jack Daniel’s Harmed, but Not Infringed, by Chewy Dog Toy: Key Trademark Takeaways from the Latest VIP Products and Jack Daniel’s...

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JACK DANIEL'S HARMED, BUT NOT INFRINGED, BY CHEWY DOG TOY- The latest ruling in ‘Bad Spaniels’ finds the whiskey brand’s marks were diluted-but not infringed by a dog toy parody, explain Brian Brokate and Jacqueline...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

Mintz - Employment Viewpoints

The Intersection Between Corporate Free Speech Rights and the Recent DEI Executive Orders

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As summarized in detail here, President Trump’s recent executive order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”) takes aim at non-compliant Diversity, Equity and Inclusion...more

Dorsey & Whitney LLP

The Supreme Court Update - March 10, 2025

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Today, the Supreme Court of the United States granted certiorari in two cases: Berk v. Choi, No. 24-440: Many states, including Delaware in this case, have “affidavit of merit” statutes that require certain types of...more

Axinn, Veltrop & Harkrider LLP

Wynn v. The Associated Press, et al.: A Recent Petition for a Writ of Certiorari Highlights Challenges to New York Times v....

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The 1964 Supreme Court case New York Times v. Sullivan, which requires public officials to prove “actual malice” to succeed on a defamation claim, was a watershed moment in defamation law. Curtis Publishing Co. v. Butts was...more

Troutman Pepper Locke

OCR’s Directive on Race-Conscious Policies in Higher Education

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On February 14, the U.S. Department of Education Office for Civil Rights (DOE) issued a Dear Colleague Letter (DCL), which calls for educational institutions to immediately cease race-conscious practices in student...more

Husch Blackwell LLP

State-By-State Guide to Ag-Gag Legislation - February 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

Jenner & Block

Client Alert: US Department of Education Issues Dear Colleague Letter Interpreting Students for Fair Admissions: What Colleges and...

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On February 14, 2025, the US Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter about legal obligations for educational institutions under Title VI of the Civil Rights Act of 1964 and the...more

McDermott Will & Emery

Dog Toy Maker in the Doghouse (Again) for Tarnishing Jack Daniel’s Marks

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Addressing this case for the third time, the US District Court for the District of Arizona found on remand that Jack Daniel’s was entitled to a permanent injunction after finding that VIP Products’ “Bad Spaniels” dog toy...more

Franczek P.C.

Supreme Court October Term 2024 – Education Cases to Watch

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Some of us measure our year in weeks, months, or, for the readers of this article, likely by the school calendar. The Supreme Court, however, has its own measurement. The Court operates, hears cases, and issues rulings each...more

Vorys, Sater, Seymour and Pease LLP

The Supreme Court and Intellectual Property in 2024-2025: What Was Decided, What Is To Come And What Was Declined

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In wrapping up the 2023-24 term and embarking on the 2024-25 term, the Supreme Court was asked to decide a number of intellectual property cases. The Court issued several significant opinions in 2024 and has taken several...more

Snell & Wilmer

Supreme Court Upholds Law Restricting TikTok’s Operations in the U.S.

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On January 17, 2025, the Supreme Court issued its decision in TikTok Inc. v. Garland, affirming the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act (the Act), which restricts...more

Rumberger | Kirk

Supreme Court to Decide Fate of Nation’s First Religious Charter School

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On January 24, 2025, the United States Supreme Court granted two petitions for certiorari in the cases of Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond,...more

Dorsey & Whitney LLP

The Supreme Court Update - January 27, 2025

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On January 24, 2025, the Court granted certiorari in three cases: Oklahoma Statewide Charter School Board v. Drummond, St. Isidore of Seville Catholic Virtual School v. Drummond, Nos. 24-394, 24-396: These consolidated...more

Nelson Mullins Riley & Scarborough LLP

The TikTok Ban Saga: SCOTUS, Trump’s Executive Order, and the Implications for Digital Marketing and Emerging Platforms

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From expedited Constitutional challenges to an exodus of self-proclaimed “TikTok Refugees” to new foreign-owned social media platforms, the past week leading up to the Jan. 19, 2025, deadline for the TikTok Ban has been a...more

Freeman Law

Posts, Profits, & Penalties | Tax Law & Social Media | Part 1

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A popular social media platform has been a hot topic for lawmakers, the media, and its users recently, and what a better way to kick off this series than to provide a summary and update of its status in the United States....more

Morrison & Foerster LLP - Social Media

Social Links: TikTok’s Wild Ride

Morrison & Foerster LLP - Social Media on

In a rare unanimous decision, on January 17, the U.S. Supreme Court upheld a law that bans TikTok in the United States on national security grounds so long as it has its current ownership structure. TikTok chose to make the...more

Dorsey & Whitney LLP

The Supreme Court Update - January 21, 2025

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The Supreme Court of the United States issued one decision today: Andrew v. White, No. 23-6573: In this case, the Court addressed whether the State violated petitioner Brenda Andrew’s due process rights when, during her...more

Orrick, Herrington & Sutcliffe LLP

2nd challenge to CFPB medical debt reporting rule filed in Texas

Orrick, Herrington & Sutcliffe LLP on

On January 8, a complaint was filed in the U.S. District Court for the Southern District of Texas challenging the CFPB’s newly finalized medical debt rule that restricts credit reporting agencies from including medical debt...more

Holland & Knight LLP

U.S. Supreme Court Upholds TikTok Sale-or-Ban Law

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In a much-anticipated decision, the U.S. Supreme Court on Jan. 17, 2025, rejected TikTok's appeal and upheld the Protecting Americans from Foreign Adversary Controlled Applications Act (Act). The act, which was signed into...more

Cranfill Sumner LLP

Why the Supreme Court Tolerated the TikTok Ban (And What That May Teach Us About Deference)

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Today the Supreme Court of the United States declined to block Congress’s TikTok ban, clearing the way for the ban to take effect on January 19, 2025. On a quick look, banning an online forum where millions of Americans...more

Epstein Becker & Green

TikTok, the Clock Won’t Stop, and Cases Involving Court Jurisdiction Narrowly Focused - SCOTUS Today

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As the snow has fallen on Washington, DC’s First Street over the past few days, the Supreme Court has begun to issue opinions in the current term....more

Kohrman Jackson & Krantz LLP

Ohio Senate Bill 206 Seeks to Expand School Discipline for Conduct on Social Media

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Ohio Senate Bill 206, (SB 206) introduced in 2024, calls for students who post threatening content on social media to be punished with expulsion from school for up to 180 days. The bill defines the proposed prohibited conduct...more

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