Last June, we wrote about a Kansas woman, Mary Anne Sause, who had police come to her house to investigate a noise complaint. During the officers’ investigation, she knelt down to pray, at which point the officers ordered her to stop praying and stand up. She sued them, arguing that the officers violated her First Amendment… Read More Kansas Woman Ordered by Police to Stop Praying Will Get Her Day in Court
Today, the Supreme Court decided a case called Janus, which involves whether public-sector unions (for employees such as teachers, police, firefighters, etc.) can require non-union employees to pay so-called “fair-share” fees to the union when the employees disagree with the political messages the union advocates. (We previewed the case here.) In a 5-4 decision, and in… Read More SUPREME COURT OPINION ALERT: Public-Sector Unions May No Longer Force Nonmembers to Pay “Fair Share” Fees
Third time’s the charm. Today, the Supreme Court upheld the third iteration of President Trump’s executive order temporarily restricting people from several majority-Muslim countries from entering the United States—the so-called “travel ban.” In a 5-4 opinion, written by Chief Justice Roberts, the Court found that the executive order did not violate the Establishment Clause of… Read More SUPREME COURT OPINION ALERT: Court Upholds “Travel Ban 3.0”
Today, the Supreme Court decided NIFLA v. Becerra, which involves whether a California law requiring so-called “pregnancy crisis centers” (pro-life medical facilities that provide a variety of services for pregnant women) to disclose abortion-related information violates the First Amendment. (We previewed the case here.) In a 5-4 decision, and in an opinion written by Justice Thomas, the Court… Read More SUPREME COURT OPINION ALERT: Court Strikes Down California’s Restrictions on Pro-Life Pregnancy Centers
A Florida man named Fane Lozman is on a roll. (Yes, his first name is Fane; like ‘fame’ but with an ‘n’ instead of an ‘m’.) In 2013, he won a lawsuit against the City of Riviera Beach at the United States Supreme Court. And today, he won his second. In the mid-2000s, Fane was… Read More Florida Man Wins Second Supreme Court Case in Five Years Against the City of Riviera Beach
Today, the Supreme Court decided Masterpiece Cakeshop, which involves whether a cake baker can be forced to bake a cake for a same-sex couple’s wedding. (We previewed the case here.) In a 7-2 decision, in an opinion written by Justice Kennedy, the Court ruled in favor of the cake shop and found that the Colorado… Read More SUPREME COURT OPINION ALERT: High Court Rules in Favor of Cake Baker in Same-Sex Wedding Case
The Supreme Court of the United States begins its next term today–the first Monday in October, as it does every year. Right now, the High Court is slated to hear a few First Amendment cases, which are among the most high-profile cases of the term, and the Court could put more First Amendment cases on… Read More First Amendment Cases at the Supreme Court This Term
The Supreme Court just wrapped up its 2016-17 term, during which it decided four First Amendment cases. In three of them, the Court ruled against the government. In the fourth, the Court sent the case back down for further consideration: Missouri Must Pay Church for Resurfaced Playground Federal Government Cannot Ban Disparaging Trademarks … Read More First Amendment Cases from the Supreme Court’s 2016-17 Term
This was by far the Supreme Court’s most newsworthy First Amendment case this term. (You may have read about it in the New York Times, Washington Post, Wall Street Journal, or other news organization.) Missouri has a program that will partially reimburse schools, daycares, and other entities if they resurface their playgrounds with rubber from… Read More Missouri Must Pay Church for Resurfaced Playground
Okay, this is not the case involving the NFL football team from Washington, D.C., but it’s related. A young man named Simon Tam is the leader of an all-Asian-American band named “The Slants.” (They got the idea for their name from asking their friends about what Asians have in common, and they replied “slanted eyes.”)… Read More Federal Government Cannot Ban Disparaging Trademarks
This case has the potential to be one of the most important First Amendment cases you might never hear about. Lester Packingham plead guilty in 2002 to “taking indecent liberties with a child” for having sex with a 13-year-old girl when he was 21. This made him a registered sex offender. Fast forward 8 years.… Read More North Carolina Cannot Prohibit Sex Offenders from Using Facebook
So this was not a full-blown First Amendment case, but it involved an important question that courts sometimes have to answer in First Amendment cases: is the government regulating speech or conduct? (Generally speaking, speech is protected by the First Amendment and conduct is not.) Expressions Hair Design is a company that specializes in…well you… Read More New York Law Prohibiting Surcharges for Credit-Card Users Might Violate the First Amendment
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