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First Amendment › State Attorneys General › Constitutional Challenges

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

WilmerHale on

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

Sheppard Mullin Richter & Hampton LLP on

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

Kelley Drye & Warren LLP

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

Kelley Drye & Warren LLP on

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

Cozen O'Connor

Democratic AGs Support Law Firms Subject to Executive Orders

Cozen O'Connor on

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

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

Venable LLP on

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

Husch Blackwell LLP on

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 - Left Coast Appeals

This Week at The Ninth: Short Sales and Ripeness

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This week, the Ninth Circuit explores whether Twitter’s conflict with the Texas AG’s office over content moderation was ripe for review and when taxpayers may deduct mortgage interest payments after a short sale. ...more

Cozen O'Connor

The State AG Report - Volume 7, Issue 31 | August 2021

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Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: State Contractor Sentenced for Wage Theft, Pays...more

Spilman Thomas & Battle, PLLC

ACA International v. Healey - Will Massachusetts' Debt Collection Freeze Hold Up To Constitutional Heat?

Spilman Thomas & Battle, PLLC on

A number of states have issued executive orders or other emergency declarations to provide relief from certain debt collection practices in the wake of the COVID-19 crisis. Such measures include ceasing new wage attachments...more

Hinshaw & Culbertson - Consumer Crossroads

Collection Industry Trade Group Sues Massachusetts Attorney General to Halt Emergency Regulations

Hinshaw & Culbertson - Consumer Crossroads on

We recently reported on Massachusetts Attorney General Maura Healey's implementation of temporary regulations halting collection of debt from Massachusetts' consumers in the wake of the COVID-19 crisis. With certain...more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Rules Montana’s Ban on Political Robocalls is Unconstitutional

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In a unanimous decision earlier this month, the Ninth Circuit ruled that a provision in Montana’s Robocall Statute restricting political messages was unconstitutional. In doing so, the court overturned a district court ruling...more

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