News & Analysis as of

State and Local Government First Amendment

Adams & Reese

Split U.S. Supreme Court Decision Leaves Religious Charter School Ban Intact

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On May 22, 2025, the U.S. Supreme Court issued a per curiam decision in Oklahoma Statewide Charter School Board v. Drummond, resulting in a 4-4 split due to the recusal of Justice Amy Coney Barrett. The Court’s split decision...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Louisiana Community Air Monitoring Reliability Act: Environmental Organizations File Challenge in United States District Court...

The Environmental Integrity Project and Public Citizen Litigation Group (collectively, “EIP”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Middle District...more

Akin Gump Strauss Hauer & Feld LLP

Establishment of the Religious Liberty Commission (Trump EO Tracker)

Establishes Religious Liberty Commission (Commission) with the stated intent of protecting the free exercise of religion. The Commission shall be composed of up to 14 members appointed by the President and shall include...more

Rumberger | Kirk

Supreme Court Appears Split on Whether to Approve Religious Charter School

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On April 30, 2025, the United States Supreme Court heard oral arguments in the consolidated cases of Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond. If the...more

Husch Blackwell LLP

State-By-State Guide to Ag-Gag Legislation - April 7 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

Holland & Hart LLP

New Rules for Public Employers, Courtesy of the Wyoming Legislature

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The Wyoming Legislature has wrapped up its 2025 session, but not before adopting several new laws governing public employers. Three of these laws were not specifically drafted as employment laws, but will have significant...more

Snell & Wilmer

Rule 4.2 Amended to Allow for Direct Government Communications

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Effective as of January 1, 2025, Arizona has made a major change to its ethical rules that could open new doors for businesses, developers, and advocacy groups dealing with government agencies. The Arizona Supreme Court’s...more

Winthrop & Weinstine, P.A.

Minnesota Federal Judge Permanently Enjoins Enforcement of Minnesota's 2023 Foreign Influence Campaign Finance Statute

This morning Judge Eric Tostrud in the District of Minnesota issued an order in the case captioned Minnesota Chamber of Commerce v. John Choi, et al permanently enjoining certain provisions found in Minnesota Statute 211B.15...more

Mintz

California Climate Disclosure Laws Survive Significant Challenge

Mintz on

Judge Wright (C.D. Cal.) has significantly narrowed the Chamber of Commerce's lawsuit challenging California's climate disclosure laws. (These disclosure laws mandate disclosure of Scope 1, Scope 2, and Scope 3 greenhouse...more

Nossaman LLP

Compliance Notes - Vol. 6, Issue 1

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Campaign Finance & Lobbying Compliance California: The City of Oxnard, California’s 2020 campaign finance limitations violate the First Amendment because the provisions—which appear to target a political outsider—are not...more

Skadden, Arps, Slate, Meagher & Flom LLP

Sixth Circuit Temporarily Stays Preliminary Injunction Against Ohio Foreign National Ban

On September 24, 2024, the U.S. Court of Appeals for the Sixth Circuit temporarily stayed a preliminary injunction, previously issued by the U.S. District Court for the Southern District of Ohio, against a portion of Ohio’s...more

McAfee & Taft

Talking politics: Is political speech in the workplace legally protected?

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With another presidential election only a few months away, escaping coverage and conversations about candidates and campaigns seems nearly impossible. While there is nothing new about political coverage increasing during an...more

Jenner & Block

Client Alert: U.S. Copyright Office Issues “Digital Replica” Report Finding Urgent Need for New Federal Legislation

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Last year, the U.S. Copyright Office commenced a far-reaching policy study concerning copyright and related issues raised by the widespread availability and use of artificial intelligence (AI). This week, the Office released...more

Sheppard Mullin Richter & Hampton LLP

Mother May I? Florida and Utah Recently Regulations for Minor Use of Social Media Platforms

Florida recently passed a new law and Utah recently repealed and replaced its previously enjoined law with two new bills (available here and here), which regulate minors’ access to social media platforms. The laws highlight...more

Seyfarth Shaw LLP

Eleventh Circuit Strikes Down Florida Ban on Company’s “Woke” Diversity Training

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Eleventh Circuit recently issued an opinion blocking the enforcement of Florida's "anti-woke" law. The Court struck down the law on the grounds that the law impermissibly infringes on employers' free...more

Venable LLP

Synthetic Content, Real Regulations: Regulation of Artificial Intelligence in Political Advertising

Venable LLP on

As campaigns explore new ways to harness artificial intelligence, regulators are rushing to keep pace ahead of the 2024 elections. The explosion in generative AI has put pressure on lawmakers and advertising platforms alike...more

Bricker Graydon LLP

The Latest on Ballot Issues: HB 140 and AOS Campaign Guidance

Bricker Graydon LLP on

While Ohio municipalities generally do not rely on voted ad valorem property taxes as a primary source of funding, such taxes can serve as a useful part of a municipality’s revenue base, and state law, principally in Ohio...more

Franczek P.C.

PAC Finds OMA Violation Where Public Comment Impermissibly Limited

Franczek P.C. on

In a recent binding opinion, the PAC found a public body in violation of the Open Meetings Act (OMA) for restricting the content of public comment where a member of the public attempted to discuss the District’s hiring...more

Buckingham, Doolittle & Burroughs, LLC

What is an Anti-SLAPP Statute?

If you are considering filing a defamation lawsuit or other speech-based claim, you are likely aware that your claim may be challenged based upon free-speech principles or that the defendant may claim that their conduct is...more

Spilman Thomas & Battle, PLLC

The Academic Advisor- Education Law Insights, Issue 2, February 2023

Win in Court doesn’t Assure More Pennsylvania School Funding - “Pennsylvania is the latest state where the public school funding system was found to be unconstitutional, but the experience in other states suggests there’s...more

Zuckerman Spaeder LLP

Lawyer Discipline for Discriminatory Speech - A Pennsylvania Decision Raises Questions About Maryland Rule 19-308.4(e)

Zuckerman Spaeder LLP on

A federal judge has held that Pennsylvania’s Rule 8.4(g),1 which subjects lawyers to professional discipline for engaging in discriminatory conduct, violates both the free speech clause of the First Amendment and the due...more

Keating Muething & Klekamp PLL

Ohio Supreme Court Strikes Down Billboard Tax as Unconstitutional

The Ohio Supreme Court recently struck down a billboard tax as unconstitutional in Lamar Advantage GP Co., LLC v. Cincinnati, Slip Opinion No. 2021-Ohio-3155.  The case evaluated an excise tax placed on the installing,...more

Womble Bond Dickinson

Six Things You Need to Know About CBD and Other Hemp-containing Pet Products

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The trend toward state-level legalization of cannabis has led to a surge in cannabis-derived products and a continually evolving market with many types of cannabis products for people as well as their pets. Analysts predict...more

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

Federal Judge Blocks Enforcement of Tennessee’s Bathroom Signage Law

On July 9, 2021, a federal district court in Nashville, Tennessee, granted a preliminary injunction, halting enforcement of a new Tennessee law on bathroom signage. That law mandates that businesses post specific signs next...more

Tucker Arensberg, P.C.

Dissident Board Member Not Deprived of Civil Rights by Cold Shoulder of Majority

Tucker Arensberg, P.C. on

Kathleen Wright Croft v. Donegal Township, 2021 WL 1110567 (W.D. Pa. 2021) (A township supervisor’s motion for a preliminary injunction against her fellow supervisors was denied upon finding that she was not deprived of...more

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