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Viewpoint Discrimination

Spilman Thomas & Battle, PLLC

Ohio’s New Education Law - Is It Strengthening or Weakening Higher Education in the State?

Senate Bill 1, the Ohio Higher Education Enhancement Act (HEEA), was signed into law on March 28, 2025 and went into effect June 26, 2025, impacting public universities and colleges throughout the state. Ohio schools have...more

Bradley Arant Boult Cummings LLP

Blue-State Grantees Vindicated by Federal Court

The U.S. District Court for the District of Columbia recently issued a significant ruling in City of Saint Paul, Minnesota, et al. v. Christopher Wright, addressing constitutional constraints on executive agency conduct in...more

Poyner Spruill LLP

N.C. Court of Appeals Vacates Conviction for Disrupting an Official Meeting

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In State v. Barthel, the N.C. Court of Appeals vacated William Barthel’s convictions of disrupting an official meeting and resisting a public officer. At a special meeting of the Avery County Board of Commissioners,...more

Katten Muchin Rosenman LLP

Bringing Sexy Back? Italy Says No, for Now - Published by Kattison Avenue | Issue 15

Italian parliament debates free expression and the protection of civil rights in advertising - Is banning a sexually suggestive ad considered viewpoint discrimination, or a defense of women's civil rights? In October,...more

Clark Hill PLC

A Public School District's Bar Against Students Referring to Transgender Classmates with Biological Sex Pronouns is...

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In Defending Education v. Olentangy Local School District Board of Education, _ F.3d _ (6th Cir.  2025), the United States Sixth Circuit Court of Appeals ruled that an Ohio public school district’s prohibition against...more

Miller Canfield

Free Speech or Misgendering? Sixth Circuit Strikes Down School Pronoun Policy

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Can a public school discipline students for using pronouns that reflect a classmate’s sex assigned at birth, rather than their gender identity? According to the Sixth Circuit’s en banc decision issued November 6, 2025, the...more

Ropes & Gray LLP

White House Invites Nine Universities to Enter “Compact” in Exchange for Access to Federal Funds and Other Benefits

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On October 1, 2025, according to external reporting by The Wall Street Journal, the Washington Examiner, and others, the White House sent a letter inviting nine universities to enter into an accompanying nine-page Compact for...more

Franczek P.C.

DEI Legislation in Alabama – A Roadmap for Further State Action?

Franczek P.C. on

In March, Alabama enacted legislation targeting Diversity, Equity, and Inclusion (DEI) initiatives. The law, SB129, is set to take effect on October 1, 2025. If enacted, it would prohibit public schools and universities from...more

Kelley Drye & Warren LLP

Dershowitz v. Good Pierogi: Does Alan Dershowitz Have a Discrimination Claim for ​“PierogiGate”?

Alan Dershowitz, retired Harvard Law professor and former attorney for Jeffrey Epstein and President Trump, has made some headlines over the past week over his feud with a pierogi vendor on Martha’s Vineyard. According to...more

Kilpatrick

Federal Court Enjoins Significant Aspects of the Trump Administration DEI Executive Orders

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As we reported on January 21, 2025, and January 29, 2025, the Trump Administration issued Executive Orders targeting diversity, equity and inclusion (“DEI”) initiatives in the federal government and private sector, namely...more

Fisher Phillips

Federal Court Halts Enforcement of DEI Executive Orders: What Employers Need to Know + 5 Steps to Take Next

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President Trump issued two anti-DEI executive orders at the start of his second term that shook up the workplace and left federal contractors and private employers wondering how to comply. Employers grappled with...more

Perkins Coie

Supreme Court Reinstates Injunction Against Texas Social Media Law

Perkins Coie on

In a 5-4 decision, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fifth Circuit’s stay of a temporary injunction in NetChoice, LLC v. Paxton, a closely watched case involving a novel Texas law purporting to...more

Verrill

“Mug-shots”: Are Employees’ risky beverage containers a cause for concern?

Verrill on

Prior to (and more so during) the pandemic, many individuals who found themselves working from home were limited in ways to express their uniqueness, their personalities, the things that made them, well, them. It started with...more

Vinson & Elkins LLP

Court Enjoins Texas Social Media “Censorship” Law

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On December 1, 2021, Judge Pitman of the Western District of Texas granted a preliminary injunction to prevent the Texas Attorney General from enforcing HB 20. NetChoice v. Paxton. HB 20 prohibits large social media platforms...more

Saiber LLC

The Donald Trump Twitter Case: Vacated and Dismissed as Moot by the Supreme Court

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The June 14, 2018 post “The President May Not Block Twitter Followers Because They Disagree With Him Politically” reported how the District Court in Knight First Amendment Inst. at Columbia University v. Trump, 302 F.Supp.3d...more

Mintz - Employment Viewpoints

Navigating Politics in the Workplace During the Election Season

With the presidential election less than a month away, it is more important than ever that employers proactively manage their work environment to protect against the potential pitfalls that can arise when political...more

Seyfarth Shaw LLP

Employer “Dislike” Button—Disciplining Employees For Noxious Social Media Posts

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Seyfarth Synopsis: With the most contentious election of our lifetimes fast approaching, we might expect employees to engage in political conduct and share strong, controversial opinions while off duty, especially on social...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 1, July 2020

Welcome to the inaugural issue of Decoded , Spilman's e-newsletter focusing on technology law, including data security, privacy standards, financing technologies, and digital-based means of conducting business. When it comes...more

Jackson Walker

The Gray Area of Social Media: When Politics and Democracy Collide

Jackson Walker on

Widely considered a star of social media, Alexandria Ocasio-Cortez backed down from a Twitter fight in the form of a lawsuit filed by one of her Twitter followers. The suit, filed by former New York assemblyman Dov Hikind,...more

Fenwick & West LLP

SCOTUS Gives a “FUCT” in Brunetti: First Amendment Supports “Immoral” or “Scandalous” Trademarks

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On June 24, 2019, the U.S. Supreme Court, in Iancu v. Brunetti, struck down the Lanham Act’s prohibition on the registration of “immoral” or “scandalous” trademarks. Justice Kagan wrote for the 6-3 majority, holding that the...more

McDermott Will & Schulte

Immoral No More: SCOTUS Strikes Down Ban on Registration of Offensive Trademarks

In a 6–3 opinion, the Supreme Court of the United States affirmed a 2017 US Court of Appeals for the Federal Circuit decision holding the ban on registration of immoral or scandalous trademarks under the Lanham Act to be an...more

Pillsbury - Internet & Social Media Law Blog

The “Commander-in-Tweet” Returns: When a Social Media Account Creates a Public Forum, Critics Get to Stay

Two years ago, we wrote about a possible First Amendment challenge involving Donald Trump’s practice of blocking certain Twitter users from his @realDonaldTrump account. ...more

Dorsey & Whitney LLP

SCOTUS Paves the Way for FUCT Trademark, Causing a Bit of an Application Sh**storm at the USPTO

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“FUCT.”  You can pronounce it as four letters, one after the other.  Or you can pronounce it like Justice Kagan as the “past participle form of a well-known word of profanity.”  Either way, the word can be registered as a...more

Wilson Sonsini Goodrich & Rosati

Second Circuit Affirms That President Trump Cannot Block Critics on Twitter

In a closely watched case, the Second U.S. Circuit Court of Appeals held on July 8, 2019 that President Trump violated the First Amendment by blocking disfavored users on his @RealDonaldTrump Twitter account. This important...more

Knobbe Martens

Federal Circuit Review - June 2019

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One-year Clock for Filing IPR Petition Applies to Litigants and Parties that Become Privies of the Litigant Prior to Institution. In Power Integrations, Inc v. Semiconductor Components, Appeal No. 2018-1607, the Federal...more

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