Category Archives: First Amendment

First Amendment, Oral Argument Report, OT 2018

Oral Argument: The First Amendment, Retaliatory Arrest, and Probable Cause

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What happens if police officers arrest someone because the officers don’t like the arrestee’s speech — but the officers also have probable cause. Can the arrestee sue for retaliatory arrest in violation of the First Amendment? This was the question in Nieves v. Bartlett, argued on November 26. The case began when two Alaska state … Continue reading Oral Argument: The First Amendment, Retaliatory Arrest, and Probable Cause →

Death Penalty, First Amendment, Orders of the Court, OT 2018

Conference Report: November 2 Conference

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At its November 2 Conference, the Supreme Court granted certiorari in six cases. Two of the cases, which have been consolidated, involve challenges to a cross on public land. Those cases were brought by the American Humanist Association against the American Legion and the Maryland-National Capital Park and Planning Commission. In a 2-1 decision, he … Continue reading Conference Report: November 2 Conference →

First Amendment

Masterpiece Cakeshop Revisited?

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A petition for certiorari was filed with the Court on Friday that could allow the Justices to revisit the question presented in the Masterpiece Cakeshop case from last year. The petition comes from Oregon, where the state has an anti-discrimination law, the Oregon Equality Act, which prohibits discrimination on the basis of sexual orientation (among … Continue reading Masterpiece Cakeshop Revisited? →

First Amendment, Labor Relations, Opinions of the Court, OT 2017

Unions and Free Speech—The Janus Decision

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On the last day of the term, the Supreme Court issued one of the most anticipated decisions of recent years, Janus v. AFSCME. As widely expected, a five-justice majority overturned Abood v. Detroit Board of Education (1977) and held that unions could not require public-sector employees to pay “agency fees” that would be used to … Continue reading Unions and Free Speech—The Janus Decision →

Abortion, First Amendment, OT 2017, Weekly Preview

Argument Review: NIFLA v. Becerra

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Free speech and reproductive rights were at issue when the Court heard oral arguments in the highly anticipated case National Institute of Family and Life Advocates (NIFLA) v. Becerra on Tuesday, March 20. As described here, his case concerns whether the First Amendment allows the State of California, via the Reproductive FACT Act, to require … Continue reading Argument Review: NIFLA v. Becerra →

First Amendment

Free Speech, Universities, and Campus Disruption

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A guest post by Professor Sheldon Nahmod, University Distinguished Professor, IIT Chicago-Kent College of Law. Two propositions I begin with two fundamental propositions. First, political protests and a free press are the lifeblood of American democracy. Second, the primary purposes of universities are to develop critical intellectual faculties and to advance knowledge: there should be no intellectual … Continue reading Free Speech, Universities, and Campus Disruption →

First Amendment, This Day In Supreme Court History

This Day in Supreme Court History—July 7, 1986

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On this day in 1986, the U.S. Supreme Court rejected a student’s claim that school officials violated his First Amendment rights when they disciplined him for giving a speech filled with sexual innuendo before a school assembly. The student, Matthew Fraser, decided to enliven his speech in support of a candidate for the student government … Continue reading This Day in Supreme Court History—July 7, 1986 →

Campaign Finance Reform, First Amendment, This Day In Supreme Court History

This Day in Supreme Court History—April 26, 1978

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On this day in 1978, the Supreme Court decided First National Bank of Boston v. Bellotti, a seminal case involving corporate speech rights. In a 5-4 ruling, the Court struck down a Massachusetts law that prohibited corporations from spending money to influence the outcome of referenda, unless the referenda issue “materially affected” them. Justice Lewis Powell … Continue reading This Day in Supreme Court History—April 26, 1978 →

First Amendment, History of the Court, This Day In Supreme Court History

This Day in Supreme Court History—February 20, 2002

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On this Day in 2002, the Supreme Court heard oral arguments in Zelman v. Simmons-Harris, one of the most significant Establishment Clause cases in recent years. The Court considered whether a state program that provides school vouchers to parents that can be used to pay for education at religious schools violates the First Amendment’s prohibition … Continue reading This Day in Supreme Court History—February 20, 2002 →

First Amendment, This Day In Supreme Court History

This Day In Supreme Court History—January 13, 1988

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On this day in 1988, the Court decided Hazelwood School District v. Cathy Kuhlmeier, holding that students do not have a First Amendment right to publish a school newspaper free from school administrator editorial oversight. The Spectrum, the school newspaper of Hazelwood East High School in Missouri, was written and edited by students. In May … Continue reading This Day In Supreme Court History—January 13, 1988 →