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First Amendment › State Attorneys General

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 -
WilmerHale

Supreme Court To Decide Significant Case On When To Bring Constitutional Challenge Against State Attorney General In Federal Court

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On June 16, 2025, the Supreme Court granted certiorari in a case from the Third Circuit regarding the availability of a federal forum to raise constitutional challenges to a subpoena issued by a state attorney general....more

Troutman Pepper Locke

Court of Appeals Blocks Texas AG From Enforcing Pre-Litigation Subpoena

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The U.S. Court of Appeals for the District of Columbia recently enjoined Texas Attorney General (AG) Ken Paxton from enforcing a pre-litigation subpoena issued to Media Matters for America (Media Matters). The subpoena is...more

Sheppard Mullin Richter & Hampton LLP

Trial Court Strikes Down California’s Prop 65 Acrylamide Warning Requirements

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A Federal District Court in California has ruled that Proposition 65 warning requirements for dietary acrylamide are unconstitutional. The California Chamber of Commerce (“CalChamber”) sued five years ago challenging the...more

Dorsey & Whitney LLP

The Supreme Court Update - June 16, 2025

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The Supreme Court of the United States granted certiorari in two cases today: First Choice Women’s Resource Centers, Inc. v. Platkin, No. 24-781: This case concerns the appropriate forum for raising constitutional...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

Kelley Drye & Warren LLP

Missouri Attorney General Introduces New Rule Requiring Social Media Companies to Offer Competitor Content Moderators

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Utilizing regulatory powers under its UDAP law, the Missouri Merchandising Practices Act (the ​“MMPA”), Missouri Attorney General Andrew Bailey announced a new rule, codified as 15 C.S.R § 60-19, that would prohibit social...more

Cozen O'Connor

Ohio AG Not Backing Down on Social Media Parental Consent Law

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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

Cozen O'Connor

Democratic AGs Support Law Firms Subject to Executive Orders

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A group of 21 Democratic AGs filed amicus briefs in two cases pending in the U.S. District Court for the District of Columbia in support of law firms challenging President Trump’s Executive Orders imposing sanctions against...more

Alston & Bird

Court Enjoins Enforcement of California Age-Appropriate Design Code Act

Alston & Bird on

On March 13, 2025, the U.S. District Court for the Northern District of California granted a preliminary injunction preventing the California Attorney General (AG) from enforcing the California Age-Appropriate Design Code Act...more

Ballard Spahr LLP

Federal Court Refuses to Lift Preliminary Injunction Blocking DEI Executive Orders, While EEOC, USDOE, and State AGs Address DEI...

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Last week brought further developments related to the Trump administration’s efforts to curtail what it views as illegal diversity, equity, and inclusion (DEI) initiatives....more

Venable LLP

Laws Regulating Minors' Access to Social Media Face First Amendment Scrutiny in the Courts

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Last month, the United States District Court for the Western District of Texas enjoined parts of the state's Securing Children Online Through Parental Empowerment (SCOPE) Act, a law requiring certain digital service providers...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

Troutman Pepper Locke

Missouri AG Announces New Rule for Big Tech

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Missouri’s attorney general (AG) announced on X.com (formerly Twitter) that he is “issuing a rule requiring Big Tech to guarantee algorithmic choice for social media users.” [X.com post (January 17, 2025, roughly 3:35 p.m....more

WilmerHale

Missouri Attorney General Promulgates Algorithmic Freedom Regulation

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On January 16th, Missouri Attorney General Andrew Bailey announced that he plans to issue a regulation that requires social media platforms to “offer algorithmic choice” to users....more

Morrison & Foerster LLP - Social Media

Social Links: TikTok Trademarks, Social Signposts, And Robot Rock

Morrison & Foerster LLP - Social Media on

Sick of the “very demure, very mindful” social media trend yet? The U.S. Patent and Trademark Office probably is too. Our national nightmare began on August 5 when TikToker Jools LeBron uploaded a video of herself...more

Cozen O'Connor

GOP AGs & DOJ Choreograph Separate Actions Against TikTok

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A group of 21 Republican AGs filed an amicus brief with the U.S. Court of Appeals for the D.C. Circuit in TikTok Inc. v. Merrick Garland, No.24-1113, in support of the U.S. DOJ and urging the court to deny the petition for...more

Cozen O'Connor

Democratic AGs File Amicus Brief Supporting Drug Pricing Transparency Law

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A group of 21 Democratic AGs filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit supporting Oregon in its defense of H.B. 4005, which requires pharmaceutical manufacturers to report certain information...more

Ballard Spahr LLP

Plaintiffs file amended complaint in Colorado opt-out litigation

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Here is an update on the lawsuit filed by three trade associations against the Colorado Attorney General and UCCC Administrator challenging the application of the Colorado opt-out statute to out-of-state, state chartered,...more

Troutman Pepper Locke

California AG Enforces Subpoena; Plastic Lobbying Groups Respond With Lawsuit

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California Attorney General (AG) Rob Bonta has issued two petitions to enforce an investigative subpoena against the Plastics Industry Association (PLASTICS) and the American Chemistry Council (ACC). PLASTICS lobbies on...more

Cozen O'Connor

GOP AGs Extend a Hand in Fighting EEOC on Alleged Title VII Overreach

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A group of 18 Republican AGs sued the Equal Employment Opportunity Commission (EEOC) over its Enforcement Guidance on Harassment in the Workplace (Enforcement Document) which informs employers that failing to accommodate...more

Goodwin

IRA Drug Price Negotiation Program Litigation Updates - Denial of PI Motion and Motion to Dismiss in Chambers of Commerce Case and...

Goodwin on

Denial of Motion to Dismiss and Motion for Preliminary Injunction in Chambers of Commerce case - On Friday, September 29, the court in Dayton Area Chamber of Commerce et al. v. Becerra et al. (S.D. Ohio, Judge Newman)...more

Cozen O'Connor

Montana AG Mounts Defense of State’s TikTok Ban

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Montana AG Austin Knudsen is defending a new Montana law which prohibits the social media platform TikTok from operating in the state and prohibits mobile application stores from making TikTok available for download starting...more

Cozen O'Connor

Republican AGs Object to SEC Climate Change Reporting Proposal

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A Republican group of 24 AGs, led by Patrick Morrisey of West Virginia and Mark Brnovich of Arizona, sent a letter to Secretary of the Securities and Exchange Commission, Vanessa Countryman, expressing opposition to the...more

Cozen O'Connor

AG Healey Leads Coalition Filing Anti-Discrimination Brief

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Massachusetts AG Maura Healey, leading a coalition of nineteen states and the District of Columbia, filed an amicus curiae brief defending the constitutionality of New York’s anti-discrimination law in an appeal to the Second...more

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