Articles Posted in Constitutional Law

Tech industry groups argue that the law violates the Constitution by exposing social media companies to potential fines and lawsuits based on their application of content moderation rules.


On Wednesday, the Facebook Oversight Board upheld former President Donald Trump’s January suspension from the platform, citing his creation of “an environment where a serious risk of violence was possible.”


On Friday, April 9, 2021, the United States Supreme Court voted 5-4 to grant an application for injunctive relief in Ritesh Tandon, et al v. Gavin Newson, Governor of California, et al. The lawsuit concerns California's restrictions on at-home religious gatherings during the COVID-19 pandemic. The Ninth Circuit Court of Appeals previously denied the request for an injunction. This marks the fifth time that the Supreme Court has rejected the Ninth Circuit's analysis of California's COVID-19 restrictions on religious exercise.


The second impeachment trial of former President Donald Trump began this week in the Senate with Trump’s lawyers arguing in part that the former President’s statements are protected under the First Amendment as free speech.


On Thursday, January 7, the U.S. Supreme Court rejected a case by Republican Congressman Louie Gohmert asking it to prohibit Vice President Mike Pence from certifying the election results.


Despite the Trump administration's attempt to ban the app in the United States, TikTok has been partially granted a request for a temporary injunction.


On Monday, August 17, 2020, Children's Health Defense filed a lawsuit against Facebook, Inc. in the U.S. District Court, Northern District of California. The lawsuit alleges that Facebook acted jointly or in concert with federal government agencies or actors to deny Children's Health Defense's First Amendment speech and Fifth Amendment property rights. At issue in the case is Facebook's use of fact-checking warning labels and Facebook's disabling of the fundraising feature on Children's Health Defense's Facebook page.


Democratic state attorneys general across the country are reportedly in the process of filing lawsuits against the Postmaster General of the United States Postal Service (USPS) and the federal government in response to changes to postal operations that challengers argue could undermine mail-in voting during the November general election. In light of the backlash that has resulted, the USPS has reversed course on operational changes including removing mailboxes, reducing hours, and eliminating overtime.


Governor Brian Kemp of Georgia has filed a lawsuit against Atlanta Mayor Keisha Lance Bottoms, seeking to bar her from ordering city residents to wear face coverings to prevent the spread of COVID-19. The lawsuit comes days after Kemp issued an executive order prohibiting municipalities from mandating that residents utilize face masks. Kemp argues that Bottoms does not have the authority to modify or change his executive orders.


A Las Vegas resident has filed a lawsuit against the City of Sacramento, California regarding a section of the city code that requires people to stand when the national anthem is played. He alleges that he plans to attend at least one Sacramento Kings NBA game in the foreseeable future, but that it will be impossible for him to go if he must subject himself to criminal prosecution for exercising his freedom of speech by refusing to stand for the anthem at such an event.