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First Amendment › Statutory Interpretation

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 -
Miller Canfield

FTC’s Power to Demand Substantiation for Ads Faces Fiery Lawsuit

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Under current Federal Trade Commission (FTC) policy, an advertising claim requires substantiation if it makes an objective assertion about a product or service. But a new lawsuit filed by a former defendant in an FTC suit...more

Buckingham, Doolittle & Burroughs, LLC

Understanding Anti-SLAPP Statutes: Do They Apply in Federal Court?

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“SLAPP” is an acronym for Strategic Lawsuit Against Public Participation. The term was coined in the 1980s to describe lawsuits initiated to silence public speech about issues of public importance. Under the original...more

Tucker Arensberg, P.C.

Federal Court Refuses to Dismiss Claims Brought Under Pennsylvania’s Criminal History Record Information Act (“CHRIA”)

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Deivert v. Zartman and Borough of Northumberland, 2025 WL 83747 (M.D.Pa. 2025) - (Neither a municipality nor a municipal manager had immunity under the Pennsylvania Political Subdivision Tort Claims Act (“PPSTCA”) for the...more

Eversheds Sutherland (US) LLP

Scope of tax exemption for religious entities: The Catholic Charities case

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On June 6, 2025, in a decision authored by Justice Sonia Sotomayor, the Supreme Court unanimously overturned a ruling of the Wisconsin Supreme Court, which denied Catholic Charities Bureau an exemption from the state’s...more

Vedder Price

New Jersey SLAPPs Back: New Jersey Court of Appeals Eradicates Anti-SLAPP Loophole

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On May 29, 2025, the New Jersey Court of Appeals reversed dismissal in Satz v. Starr, No. A-2785-23, 2025 WL 1522032 (N.J. Super. Ct. App. Div. May 29, 2025), holding that the plaintiff’s voluntary dismissal of his claims did...more

Epstein Becker & Green

A Day of Near-Unanimity on Six Important Cases - SCOTUS Today

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As this term draws to a close, the U.S. Supreme Court is getting busy in reducing its inventory of pending cases. Yesterday, six of them were resolved....more

Amundsen Davis LLC

U.S. Supreme Court Upholds Catholic Charity’s Religious Exemption From Wisconsin Unemployment Tax

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In a 9-0 decision authored by Justice Sonia Sotomayor, the U.S. Supreme Court overturned a ruling by the Wisconsin Supreme Court, which held that Catholic Charities Bureau Inc. (the “Charities) and its subsidiaries were not...more

Dorsey & Whitney LLP

The Supreme Court Update - June 5, 2025

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The Supreme Court of the United States issued six decisions today: Ames v. Ohio Dept. of Youth Services, No. 23-1039: This case addresses whether majority-group plaintiffs are held to a heighted evidentiary standard in...more

Dorsey & Whitney LLP

The Supreme Court Update - May 23, 2025

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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

Epstein Becker & Green

A Tie Goes to the Runner, a Common Law Extravaganza, and the Administration Gets a Break - SCOTUS Today

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Yesterday, an evenly divided 4–4 U.S. Supreme Court, with Justice Barrett having recused herself, decided in Oklahoma Statewide Charter School Board v. Drummond to leave in place the holding of the Oklahoma Supreme Court...more

Carlton Fields

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

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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

Ballard Spahr LLP

Coalition for a Democratic Workplace Urges US Attorney General to Unilaterally Override Biden-Era NLRB Decisions

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The Coalition for a Democratic Workplace (CDW) – an association of several hundred employers and employer associations – sent letters to US Attorney General Pam Bondi to direct the National Labor Relations Board (NLRB) to...more

Constangy, Brooks, Smith & Prophete, LLP

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

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The Tennessee Supreme Court has recently held that there is no legal claim for wrongful discharge where an employer terminates an employee because the employee exercised a right set forth in the state Constitution. The...more

Fisher Phillips

Pregnant Workers Fairness Act Under Fire: What Employers Need to Know About the Latest Legal Challenges

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The Pregnant Workers Fairness Act (PWFA) rules mandating that employers provide abortion-related accommodations are facing intensifying legal challenges now that a federal appeals court allowed a group of states to challenge...more

Troutman Pepper Locke

Third Circuit Denies Class Certification But Upholds TCPA’s Restrictions on Unsolicited Fax Advertisements

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Last week, the U.S. Court of Appeals for the Third Circuit issued an opinion denying class certification in a case under the Telephone Consumer Protection Act (TCPA) finding common issues did not predominate the individual...more

BakerHostetler

Federal Court Blocks FDA’s Graphic Cigarette Warning Rule: The Limits of Regulatory Authority

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On Monday, a federal judge from the Eastern District of Texas, Judge J. Campbell Barker, ruled that the U.S. Food and Drug Administration (FDA) exceeded its authority under the Tobacco Control Act by requiring cigarette...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

Pillsbury - Gravel2Gavel Construction & Real...

The 2023 Term of the Supreme Court: Administrative and Regulatory Law Rulings

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It is instructive to review the Supreme Court’s record in its most recent term, concentrating on regulatory and administrative law cases, which are usually back-burner issues. But not this term....more

Irwin IP LLP

RICO Requires Transfer of Title to Forfeit Trademarks: USA v. Mongol Nation, No. 19-50176 and 19-50190 (9th Cir. Jan. 6, 2023)

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The Ninth Circuit recently affirmed the denial of the United States’ second motion for preliminary order of forfeiture of the Mongol Nation’s trademarks.  The Ninth Circuit held that the Racketeer Influenced and Corrupt...more

Butler Weihmuller Katz Craig LLP

One Step Forward, Two Steps Back: Roofers, Insurance And Commercial Speech

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On July 11, 2021 Chief Judge Mark Walker of the U.S. District Court for the Northern District of Florida entered an order enjoining the Secretary of the Florida Department of Business and Professional Regulation from taking...more

Womble Bond Dickinson

TCPA Developments on Definition of ATDS Continue Full Steam in Midst of Global Pandemic

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COVID-19 has closed courts and delayed hearings and trials across the country, but developments concerning the definition of an automatic telephone dialing system have continued unabated. Over the past few months, courts have...more

Jones Day

Eleventh Circuit Reins in TCPA Liability

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The Situation: The Telephone Consumer Protection Act ("TCPA") prohibits unconsented calls or texts made "using an automatic telephone dialing system" ("ATDS"), defined as "equipment which has the capacity—(1) to store or...more

Seyfarth Shaw LLP

The Dallas Court of Appeals Further Expands Goldberg and Holds that Communications Between a Competitor and Customers and...

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On January 23, 2020, the Texas Fifth District Court of Appeals in Dallas retracted its previous ruling in the trade secrets dispute Goldberg, et al. v. EMR (USA Holdings) Inc., et al. and issued a new opinion upon rehearing. ...more

Akin Gump Strauss Hauer & Feld LLP

Eleventh Circuit Decision “Marks” a Further Shift in the TCPA Landscape

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Key Points - On January 27, 2020, the 11th Circuit held that telephone equipment must randomly or sequentially generate numbers in order to constitute an “automatic telephone dialing system” (ATDS) under the Telephone...more

Hogan Lovells

Eleventh Cir. Rejects Broad Reading of “Autodialer”

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On January 27, 2020, an Eleventh Circuit panel released a landmark ruling in Glasser v. Hilton Grand Vacations Company, LLC. The key issue in the case was how to interpret ambiguous language in the Telephone Consumer...more

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