First Amendment News

Retaliatory Arrest Case One of Vital Importance

The First Amendment and students: Speak up or shut up?

The Supreme Court’s decision might lead activists and journalists to self-censor.
Read More

Supreme Court Should Heed Warnings Over Professional Speech Doctrine

United States Supreme Court

That’s the concept of regulating the speech of professions when they’re advising patients or clients–and it’s easy to take it too far.
Read More

Federal Appeals Court Rules Former Teacher’s Disability Claim Barred by Ministerial Exception

Speech Religion Newseum

The ministerial exception is designed to prevent the government from interfering in the private affairs of religious institutions–but it can have the detrimental impact of depriving individual employees of the protections of anti-discrimination laws.
Read More

Podcast: The First Amendment and Symbolic Speech

NFL players take a knee

Expressive acts, like kneeling during the national anthem or burning the American flag, are considered “symbolic speech” — but are they protected under the First Amendment?
Read More

No Immunity for Sheriff Who Fired His Deputy After Election

A Washington County, Nebraska, sheriff who terminated a deputy sheriff who ran against him in a political campaign is not entitled to qualified immunity, a federal appeals court has ruled. The decision is significant, because it reaffirms the right of public employees to make statements as citizens on matters of public importance.
Read More

Is legislator-led prayer constitutional?

The Establishment Clause says that the government can’t establish a religion or favor one set of believes over another.  When local government officials open their meetings with prayers, are they
Read More

Podcast: Drone Journalism


Mickey Osterreicher, lawyer for the National Press Photographers Association, discusses how regulations on drone photography can limit freedom of the press.
Read More

Podcast: Free Speech and the Internet

What does freedom of speech mean in the age of the internet? Legendary First Amendment lawyer Floyd Abrams breaks down the major challenges we face today.
Read More

College Professor Had Right to Remove Online Discussion Thread, Federal Judge Rules

The professor found that arguments about Hitler distracted students from their actual discussion prompt.
Read More

Gang Injunctions Threaten Freedom of Association and Other Civil Liberties

The First Amendment and the power of fear

“Safety zones” meant to curb criminal gang activity can trample on the freedom of association.
Read More