News & Analysis as of

Standing First Amendment

Snell & Wilmer

Supreme Court Clarifies First Amendment and Standing Standards Applicable to Social Media Content Moderation Policy Challenges

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Social media companies have long moderated the type of content that appears on a person’s home page by, for instance, deleting explicit posts or “downgrading” posts containing misinformation. Based on the belief that these...more

Epstein Becker & Green

Two Down, 12 to Go, and Two More Decision Days This Week - SCOTUS Today

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The Supreme Court started yesterday with 14 decisions yet to deliver and only reduced the number by two—neither of them the Trump immunity case nor the Loper case concerning the future of the agency deference doctrine of...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Murthy v. Missouri

On June 26, 2024, the U.S. Supreme Court decided Murthy v. Missouri, No. 23-411, holding that neither the individual plaintiffs nor the state plaintiffs established standing to seek an injunction prohibiting governmental...more

Dorsey & Whitney LLP

The Supreme Court Update - June 14, 2024

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On Thursday, June 13, the Supreme Court of the United States issued three decisions: FDA v. Alliance for Hippocratic Medicine, No. 23-235: This case involves an attempt to rescind the Food and Drug Administration’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DEI Under Scrutiny, Part X: Eleventh Circuit Blocks Venture Capital Fund’s Grant Contest for Black Women-Owned Businesses

The U.S. Court of Appeals for the Eleventh Circuit blocked a contest by a venture capital fund that provided grants and other benefits to black women-owned businesses, finding the contest is likely to unlawfully discriminate...more

Lathrop GPM

In Fearless Fund Decision, Federal Court of Appeals Halts Race-Based Philanthropic Program

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In a case that has been closely watched by the charitable sector, on June 3, 2024, the U.S. Court of Appeals for the 11th Circuit issued a decision blocking a race-based grant program that provided funds and mentorship to...more

Seyfarth Shaw LLP

Federal Court Dismisses OEM Challenge to Illinois Warranty Labor Time Guide Amendment

Seyfarth Shaw LLP on

Last week, the Illinois federal court in Volkswagen Group of America v. Illinois Secretary of State, 2024 WL 2020036 (N.D. Ill. May 6, 2024) granted a motion to dismiss a challenge brought by Volkswagen (“VW”) against a 2022...more

Seyfarth Shaw LLP

No Harm, No Foul? The Legacy of TransUnion Two Years Later (Part 3)

Seyfarth Shaw LLP on

Seyfarth Synopsis: As reported here, for the two-year anniversary of the U.S. Supreme Court’s rulings regarding Article III standing in TransUnion LLC v. Ramirez (“TransUnion”), the Workplace Class Action blog is providing a...more

Epstein Becker & Green

Divided Court Gives Primacy to Freedom of Religion, Invokes “Major Questions Doctrine” to Overturn Student Loan Forgiveness...

June 30th is the nominal last day of the Supreme Court’s current term. The Court began the day with the long-awaited decision in 303 Creative LLC v. Elenis, another 6-3 jurisprudentially ideological split in which, per...more

Epstein Becker & Green

Arbitration, Confrontation, Immigration, and Conversation on the Court’s Agenda Today – SCOTUS Today

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Of the four cases decided last Friday, the one that likely pertains to the largest number of this blog’s readers is Coinbase, Inc. v. Bielski, a 5-4 opinion delivered by Justice Kavanaugh, who wrote for himself, the Chief...more

Holland & Knight LLP

Religious Institutions Update: July 2022

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Maine Scholarship Program Excluding Sectarian Schools Unconstitutional. In Carson v. Makin, 142 S.Ct. 1987 (2022), the U.S. Supreme Court struck a tuition assistance program that requires school districts to transmit payment...more

Hinshaw & Culbertson - Employment Law...

Federal Court Denies Preliminary Injunction in Lawsuit Challenging Florida's Stop WOKE Act

On April 22, 2022, Governor DeSantis signed into law the Individual Freedom Act—otherwise known as the "Stop WOKE Act"—which set to amend several statutes relating to education and employee rights. Scheduled to go into effect...more

Franczek P.C.

Supreme Court Issues Decision Affirming a Public Body’s Right to Censure Board Member

Franczek P.C. on

In Houston Community College System v. Wilson, the United States Supreme Court held that a public body’s verbal censure of a fellow board member did not violate the board member’s First Amendment rights. The censure followed...more

Jackson Walker

U.S. Supreme Court Affirms First Amendment Protection of Elected Bodies to Censure Members

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On March 24, 2022, the United States Supreme Court decided Houston Community College System v. Wilson, holding that an elected official does not possess an actionable First Amendment retaliation claim arising from a purely...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Houston Community College System v. Wilson

On March 24, 2022, the U.S. Supreme Court decided Houston Community College System v. Wilson, No. 20-804, concluding that an elected official does not possess an actionable First Amendment retaliation claim arising purely...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Credit Reports and Public Unions

This week, the Ninth Circuit addresses the standards for liability under the Fair Credit Reporting Act and rebuffs a pre-enforcement First Amendment challenge to a state law concerning public unions. GABRIEL MORAN V. THE...more

Pullman & Comley - School Law

Court Upholds Law Ending the Religious Exemption to Immunizations for Students in Connecticut Schools

Connecticut law has required public and private schools to condition a student’s entry into school upon providing proof of immunizations against certain communicable diseases (including but not limited to diphtheria,...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Contractor Speech and Seized Cars

This week, the Court confronted constitutional challenges to a California statute altering the test for determining whether workers are employees or independent contractors and an Arizona statute governing civil forfeitures. ...more

Kramer Levin Naftalis & Frankel LLP

Second Circuit Declines to Strike Down No-Deny Provision of Executive’s SEC Consent Agreement

On Sept. 27, 2021, the U.S. Court of Appeals for the Second Circuit rejected the most recent legal challenge to the Securities and Exchange Commission’s (SEC) practice of using “no-deny” consent agreements to resolve civil...more

Fisher Phillips

June 2021: The Top 19 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Dorsey & Whitney LLP

The Supreme Court - June 17, 2021

Dorsey & Whitney LLP on

California v. Texas, Nos. 19-840, 19-1019:  The Affordable Care Act’s individual mandate, as it is commonly known, requires individuals to maintain a minimum level of health insurance coverage. As originally passed, the Act...more

Proskauer - New Media & Technology

Some Interesting CDA Section 230 Developments: A Novel FCRA Victory, a Negligent Design Exception and a Startling New State Law

In the past month, there have been some notable developments surrounding Section 230 of the Communications Decency Act (“CDA” or “Section 230”) beyond the ongoing debate in Congress over the potential for legislative reform....more

Fox Rothschild LLP

Supreme Court Rules That Nominal Damages Can Be Quite Valuable…Maybe?

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In March, the concept of nominal damages (often just a single dollar awarded to a plaintiff to represent a defendant’s liability in the absence of actual damages) took center stage at the highest courts of both the country...more

McGuireWoods LLP

Supreme Court Opens Door for Nominal Damages to Satisfy Article III Standing Requirement

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In Uzuegbnam v. Preczewski, the Supreme Court held that the award of nominal damages is sufficient to redress a past injury, satisfying Article III’s redressability requirement. While at first blush, the opinion may appear...more

Goodwin

U.S. Supreme Court Rules Students Can Pursue Free Speech Claims Against College Based On Policies No Longer In Effect

Goodwin on

On March 8, 2021, the U.S. Supreme Court held in Uzuegbunam v. Preczewski that claims challenging a campus policy on distribution of religious literature were not mooted by the school’s decision to change the policy....more

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