In Elkhart, Indiana, about half an hour east of South Bend, students at Concord High School have, for almost 50 years, participated in the school’s elaborate Christmas concert called their “Christmas Spectacular.” The students are a huge part of this production; in addition to showing off dance, choral, and instrumental talents, they also design and… Read More Indiana High School’s Nativity Scene Held Unconstitutional
In 1998, Clarence Easterling, a Wisconsin man, was put on probation after being convicted of sexually assaulting a minor female. Then, three years later, his daughter was born shortly before he was sentenced to 25 years for armed robbery. Easterling has tried both in 2004 and 2013 to get his daughter to visit him, but… Read More Prisons Allowed to Permanently Deny Inmates Visits with Family
In the spirit of the 2018 midterms, campaign-finance laws in Austin, Texas were recently challenged by Donald Zimmerman, a former City Council member. Specifically, he challenged three restrictions of a law enacted via a ballot initiative in 1997. These three restrictions were (1) a $350 cap on contributions per contributor per election, (2) a prohibition… Read More Court Partially Strikes Down Campaign-Finance Laws of Austin, Texas
In general, the public has a First Amendment right to access court documents in both civil and criminal cases. Larry Flynt lives in Missouri and tried to access confidential (or “sealed”) court records in a death-penalty case. Specifically, he wanted access to documents about Missouri’s death-penalty protocol and medical members of its execution team, questioning… Read More No First Amendment Right of Public Access to Court Documents in Death Penalty Cases
Once again, abortion and the First Amendment collide. The Greater Baltimore Center for Pregnancy Concerns (“CPC”) is a nonprofit Christian organization that provides free pregnancy services including pregnancy tests, sonograms, and childcare education. It also provides fee childcare products such as diapers, clothing, and books. In keeping with its religious mission, it does not offer… Read More Baltimore’s Regulations for Pregnancy Center Held Unconstitutional
Gun control is a hot-button issue these days. And a recent case shows how the First Amendment—not the Second—could play a (small) role. New York City has some of the most restrictive gun laws in the country, making them a target for lawsuits. One of New York’s laws concerns “premises licenses,” which allow a handgun… Read More New York’s Gun-Licensing Scheme Upheld
In 2017, Lexington, Kentucky passed an ordinance that penalizes the distribution of unsolicited literature (pamphlets, ads, etc.) to households outside of six specific delivery methods of delivery. The Herald-Leader, a news-media company in Lexington, publishes and distributes its Community News by leaving it on people’s driveway—not one of the six permitted methods—but allows residents to opt-out of delivery… Read More Kentucky City Allowed to Prohibit Unsolicited Newspaper Distributions
In California, soliciting or engaging in prostitution is classified as “disorderly conduct,” a misdemeanor. A group called Erotic Service Provider Legal Education and Research Project (referred to as ESP), sued California, challenging this law. ESP argued that the solicitation of prostitution is “speech,” and the statute unconstitutionally criminalizes it—violating the First Amendment. The ESP argued… Read More No First Amendment Right to Prostitution
Investigative journalism has always been a cornerstone of the freedom of the American press. And, in 2012, an Idaho animal-rights activist investigated an Idaho dairy farm by getting a job there and then filming animal abuse that they witnessed. Soon thereafter, the state enacted and enforced an “Ag-Gag” law (formally titled the Interference with Agriculture… Read More Idaho’s Ag-Gag Law Violates the First Amendment
Like other religiously affiliated non-profits, Catholic Health Initiatives (a Colorado-based health care provider) offers its employees a retirement plan which is exempt from the requirements of the federal law known as ERISA (which stands for Early Retirement Income Security Act). ERISA sets minimum standards for private-sector pension plans and information for plans’ beneficiaries. Janeen Medina,… Read More Okay for Church Retirement Plans to Be Exempt from Federal Regulatory Law
Michael Fowler and his company Epona, LLC (of which he is the sole member) own a 40-acre piece of land located in Ventura County, in southwest California. Though the land is zoned for agricultural use, Fowler built a garden on the property he wanted to use to host weddings and related events. A county ordinance… Read More California Permitting Scheme for Commercial Weddings Held Unconstitutional
This is the second case in as many months dealing with Montana’s campaign-finance laws. In Montana, judges are picked by popular election. Judicial candidates can’t seek or use partisan political endorsements in their campaigns. In 2014, Sanders County judicial candidate Mark French received the endorsement of the Sanders County Republican Committee as well as endorsements… Read More Court Upholds Montana Ban on Judicial Candidates’ from Seeking Political Endorsements
The Fruddens, who live in Reno, Nevada, sent their children to Roy Gomm Elementary School for grades K-6. Before the 2011-2012 school year, the school enacted a new uniform policy which required students to wear red or navy-blue polo t-shirts or sweatshirts, as well as khaki-colored “bottoms” such as pants, capris, shorts, or skirts. The… Read More Nevada School-Uniform Policy Held Unconstitutional
Shortly after World War I, private organizations in Prince George’s County, Maryland began building a large cross affixed with plaques and inscriptions to commemorate veterans of that county who died in the war. The cross, which stands four stories tall, was located in the median of a highway intersection. In 1961, citing the fact that… Read More 40-Foot Cross on Public Property in Maryland Violates First Amendment
Glassdoor.com is a website operating with the goal of ensuring transparency between employers and employees. There, employees of various companies can anonymously share information about their employer including interviewing practices, salaries, and the overall employer environment. Before posting any employer reviews, employees are asked for their email address and told that their information will be… Read More Feds May Obtain Anonymous Website Reviewer Personal Info
This is another post-Citizens United challenge to campaign-finance laws. In 1994, voters in Montana passed a state initiative known simply as “Initiative 118,” which altered limits on campaign contributions in state elections. These changes included reducing the amount of money individuals and PACs could contribute to candidates (direct contributions) and increasing the amount of money… Read More Montana’s Campaign Contribution Limits Upheld
Keri Borzilleri was an Assistant State’s Attorney in Baltimore when elections were held for the office of State’s Attorney (her superior’s office) in 2014. In the Democratic primaries of that election, Borzilleri publicly supported incumbent Gregg Bernstein over his challenger Marilyn Mosby who won the primaries and, in November, the general election. A day after… Read More Baltimore DA Allowed to Fire Assistant DA for Supporting Political Opponent
This is another highway-overpass-protests case. In 2013, in St. Charles, Missouri — about 30 minutes northwest of St. Louis — Jimmy Duane Weed participated in a protest of President Obama’s policies on a highway overpass. Weed and his fellow protestors held signs directed at the traffic beneath them. After the protestors arrived on the overpass,… Read More Police Okay to Remove Protesters from Missouri Highway Overpass
The United States government certified Thomas Matherly as a sexually dangerous person in November of 2006 while he was serving a prison sentence for possession of child pornography at a federal prison just outside of Durham, North Carolina. In 2012, a district court civilly committed him as a sexually dangerous person, and he has remained… Read More When Prisons Read Mail
[UPDATE: On June 28, 2018, the Supreme Court reversed the decision described below.] Two police officers went to the home of Mary Anne Sause in Louisburg, Kansas, 40 miles south of Kansas City, to investigate a noise complaint. Sause eventually invited them inside. Sause mentioned the Constitution and Bill of Rights, for which the officers… Read More Kansas Police Okay to Stop Suspect’s Prayer to Arrest Her
Annie Laurie Gaylor and Dan Barker serve as co-presidents of the Freedom from Religion Foundation, a non-profit organization seeking to protect separation of church and state. As part of their role, they receive a housing allowance from the Foundation. In 2015, the two filed amended tax returns for 2012 and 2013, seeking a partial tax… Read More Federal Tax Exemption for Ministers Held Unconstitutional
In Washington State, minor who engage in “sexting”—texting sexually explicit images of oneself to another—can be convicted of child-pornography distribution. (Fair warning: this blog post contains sexually explicit language; we don’t hold back.) Eric Gray, a 17-year-old male, sent an adult woman an unsolicited picture of his erect penis. Accompanying the picture was a message… Read More Washington Sexting Law Held Constitutional
Little Falls is a small town along the Mississippi River in central Minnesota. Robin Hensel attended two City Council meetings. She sat in the front row and displayed large signs depicting dead and deformed children, thus blocking the view of some members of the public. The first City Council meeting was adjourned and rescheduled, but Hensel… Read More Part of Minnesota’s Disorderly-Conduct Law Held Unconstitutional
San Francisco requires that ads for sugar-sweetened beverages (e.g., soda, pop, whatever you call it) carry a message stating, “Warning: Drinking beverages with added sugar(s) contributes to obesity, diabetes, and tooth decay. This is a message from the City and County of San Francisco.” The message must take up 20% of the ad and be outlined by… Read More San Francisco’s Labeling Law for Sugar-Sweetened Beverages Found Unconstitutional
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