First Amendment

1994 ABA Journal First Amendment articles.

Impeachment talk by federal workers could violate Hatch Act, new guidance says

Updated: New guidance on prohibited political activity by federal employees warns that workplace talk of impeachment and resistance could be banned by the Hatch Act.

The guidance was issued…

Challenge to mandatory bar returns to 8th Circuit after Supreme Court orders reconsideration

The U.S. Supreme Court on Monday ordered a federal appeals court to reconsider a First Amendment challenge to mandatory bar membership by a North Dakota lawyer.

The Supreme Court vacated…

Chemerinsky: How retaliatory-arrest claims relate to the First and Fourth amendments
Maybe the third time will be the charm, and the Supreme Court will finally decide an important issue in civil rights litigation: Does the existence of probable cause for an arrest preclude a First Amendment claim that government officers acted impermissibly in retaliation against speech? In Nieves v. Bartlett, argued on Nov. 26, the court returns to this issue, which it twice before ducked.
Judge allows transgender woman’s suit challenging Chicago ban on topless female performances

A transgender performance artist can proceed with her suit challenging the Chicago ordinance that prevents her from performing topless or in the nude in establishments that sell liquor.

U.S. District…

CNN drops suit after White House restores Acosta press pass and announces new rules for reporters
CNN has dropped its First Amendment lawsuit against President Donald Trump after the administration agreed to restore a press pass for its chief White House correspondent, Jim Acosta.
Conservative lawyers speak out about Trump policies, encourage like-minded colleagues to join them

A group of conservative and libertarian lawyers who hope to encourage debate about Trump administration policies have joined a new group called Checks and Balances.

The lawyer who organized the…

CNN files First Amendment suit against Trump for revocation of reporter Jim Acosta’s press pass

Updated: CNN and its chief White House correspondent, Jim Acosta, have sued President Donald Trump for revoking the reporter’s White House press pass after a staffer tried, without success, to…

Partisan gerrymander in Maryland violates First Amendment right to political association, court says
A special three-judge panel ruled Wednesday that Democratic leaders in Maryland violated a First Amendment right to political association and representation when they redrew boundaries for a congressional district to benefit their party.
Voters elect Arkansas justice who sued over ads; 2 West Virginia justices appointed after turmoil

Tumultuous Supreme Court races in Arkansas and West Virginia have ended with wins for the incumbents.

Does Peace Cross memorial on government land violate establishment clause?

The U.S. Supreme Court on Friday agreed to decide whether a government-maintained monument known as the Peace Cross violates the establishment clause.

The court agreed to consider two consolidated cases…

Federal judge denies Arkansas justice’s bid to halt attack ads by conservative DC group

A federal judge in Little Rock has refused an Arkansas justice’s request to halt attack ads by a conservative Washington, D.C., group that supports her election opponent.

In a…

Supreme Court is asked to rule Oregon bakers had a right to refuse to make cake for same-sex wedding

The former owners of an Oregon bakery are asking the U.S. Supreme Court to accept their appeal and decide that they had a First Amendment right to refuse to bake a custom cake for a same-sex wedding.

Immigration lawyer says he won’t comply with subpoena for source of leaked ICE memo

A Centennial, Colorado, lawyer who revealed a leaked internal memo on immigration policy says he won’t comply with a subpoena that asks for information about the source of the leak.

Yale Law clinic helps writers group file First Amendment suit against Trump

A group of writers and media professionals called PEN America has filed a lawsuit stating that President Donald Trump is violating the First Amendment by threatening and directing retaliation against…

Trump’s ‘con job’ tweet wasn’t defamation of Stormy Daniels, federal judge rules

Updated: A federal judge in Los Angeles has ruled that a tweet by President Donald Trump was “rhetorical hyperbole” that didn’t defame Stormy Daniels.

U.S. District Judge James Otero tossed…

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