Articles Posted in Free Speech

Federal District Court Rules Against Missouri State Representative Who Blocked Critical Constituent on Twitter Updated: Published by:

On Friday, August 16, 2019, Judge Brian C. Wimes of the U.S. District Court for the Western District of Missouri ruled that Mike Campbell was deprived of his constitutional right to free speech when Missouri Representative Cheri Toalson Reisch blocked Campbell from her Twitter page after Campbell retweeted a comment…

U.S. Court of Appeals for the Second Circuit Holds President Donald J. Trump Violated First Amendment by Blocking Users From Accessing Twitter Account Updated: Published by:

On Tuesday, July 9, 2019, the United States Court of Appeals for the Second Circuit held that President Donald J. Trump engaged in unconstitutional viewpoint discrimination, in violation of the First Amendment, by blocking certain users' access to his Twitter account based on those users' speech on Twitter. The Knight…

United States Supreme Court Rules That Lanham Act’s Prohibition on Registration of Immoral or Scandalous Trademarks Violates the First Amendment Updated: Published by:

On Monday, June 24, 2019, the United States Supreme Court issued a decision in Iancu v. Brunetti, 588 U.S. ___ (2019), holding that the Lanham Act's bar on registration of immoral or scandalous trademarks violates the First Amendment. At issue in the case is the trademark FUCT, pronounced as four…

Appeals Court Permits Philadelphia to Stop Referring Foster Children to Agencies with Anti-LGBT Policies Updated: Published by:

The Third Circuit Court of Appeals ruled that the city was justified in attempting to prevent sexual orientation discrimination by withholding referrals of foster children to agencies that do not work with same-sex parents. It did not find any religious persecution or bias that would make the policy unconstitutional under…

Civil Liberties Groups File Lawsuit on Behalf of Five Former Federal Employees Challenging Prepublication Review of Manuscripts and Drafts Updated: Published by:

On Tuesday, April 2, 2019, the American Civil Liberties Union and the Knight First Amendment Institute at Columbia University filed a lawsuit in the United States District Court, District of Maryland, on behalf of five former federal employees challenging the constitutionality of prepublication review. Former government and intelligence agency employees…

United States Supreme Court Justice Clarence Thomas Calls for Return to Originalism in First Amendment Jurisprudence Updated: Published by:

On Tuesday, February 19, 2019, the United States Supreme Court denied certiorari in Katherine Mae McKee v. William H. Cosby, Jr., 586 U.S. ___ (2019), a lawsuit concerning Katherine McKee's claim against Bill Cosby for defamation where Cosby's lawyers released a letter allegedly damaging McKee's reputation for truthfulness and honesty. The…

Oyez.org: Supreme Court Oral Argument Preview Updated: Published by:

On February 25th, 2019, the US Supreme Court will hear arguments in Manhattan Community Access Corporation v. Halleck, a case that has garnered press attention for its First Amendment subject matter. The Court is being asked to consider, “when (if ever) the actions of a private nonprofit corporation operating a…

En Banc United States Court of Appeals for the Ninth Circuit Rules That Warnings for Sugar Sweetened Beverages Likely Violates the First Amendment Updated: Published by:

On Thursday, January 31, 2019, the United States Court of Appeals for the Ninth Circuit published its en banc opinion in American Beverage Association v. City and County of San Francisco, No. 16-16072 (9th Cir. 2019), reversing and remanding the district court's denial of a preliminary injunction. The Ninth Circuit…

Supreme Court Will Review Trademark Case Involving First Amendment Challenge Updated: Published by:

In the case of Iancu v. Brunetti, the Federal Circuit recently ruled that a section of the Lanham Act was unconstitutional. This federal law governs the registration of trademarks. Section 2(a) of the Lanham Act prohibits the registration of trademarks that are immoral or scandalous. The Federal Circuit reviewed this…