News & Analysis as of

Free Speech Unconstitutional Condition

Kohn, Kohn & Colapinto LLP

The Espionage Act Has Been Abused for Over a Century

In her interview on the Whistleblower Network News Whistleblower of the Week podcast, Reality Winner reflected on many elements of her whistleblower journey, from her decision to blow the whistle to her incarceration. Among...more

Spilman Thomas & Battle, PLLC

Texas Students' Petition for Emergency First Amendment Ruling

Campuses across the country have ongoing debates regarding many different aspects of free speech. At the heart of these debates is whether efforts to confront bias on campuses intimidate students who want to speak their mind....more

Butler Snow LLP

Corporate Transparency Act Declared Unconstitutional

Butler Snow LLP on

On March 1, 2024, the U.S. District Court for the Northern District of Alabama (Northeastern Division) held that the Corporate Transparency Act (the “CTA”) is unconstitutional. See National Small Business United v. Yellen,...more

Rumberger | Kirk

Stop Woke Act Stopped by the Eleventh Circuit Court of Appeals…For Now

Rumberger | Kirk on

Florida District Court’s Preliminary Injunction Blocking The Stop Woke Act Affirmed By Appellate Court - On March 4, 2024, the Eleventh Circuit Court of Appeals upheld the district court’s injunction, effectively blocking...more

Rumberger | Kirk

Stranger Things Are Going On: Federal Judge Pulls Florida from First Amendment “Upside Down”

Rumberger | Kirk on

Approved on April 22, 2022, and effective July 1, 2022, Governor DeSantis signed into law certain amendments to Florida’s Education Code and Florida’s Civil Rights Act. These amendments, officially known as House Bill 7 have...more

Roetzel & Andress

SERB’s Picketing Restrictions Ruled Unconstitutional

Roetzel & Andress on

On the final day of 2020, the Eleventh District Court of Appeals (Portage County), held that an Ohio law which restricted the picketing of private homes and private offices of public officials was unconstitutional under both...more

McDermott Will & Emery

Eighth Circuit Hints at Unconstitutionality of Missouri Restrictions on Alcohol Advertising

McDermott Will & Emery on

Last week, the US Court of Appeals for the Eighth Circuit weighed in on the legality of restrictions on alcohol advertising under the First Amendment, issuing an opinion in Missouri Broadcasters Association v. Lacy that could...more

Foley Hoag LLP - Making Your Mark

Trademark Year In Review And What Lies Ahead: The Lanham Act’s New Year’s Resolutions For 2017

2016 is now in the rear view mirror. At the beginning of a new year, we often take a moment to reflect on the past year, while setting goals for the present. It’s a time to say, “Last year had its ups and downs, but this...more

McDermott Will & Emery

Supreme Court to Review Registrability of Disparaging Trademarks

McDermott Will & Emery on

On September 29, 2016, the Supreme Court of the United States granted a petition for certiorari to consider the constitutionality of a provision of the US trademark laws directed to the registrability of disparaging...more

Akerman LLP - Marks, Works & Secrets

In re Tam Redux: The PTO seeks Certiorari

On April 20, 2016, the United States Patent and Trademark Office (“PTO”) filed a petition for a writ of certiorari to the Federal Circuit seeking Supreme Court review of that Court’s decision in In re Tam, 117 USPQ2d 1001...more

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