Tag: First Amendment

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Charlotte Garden on how the Trump NLRB is reinterpreting the First Amendment in whatever way they want to ensure that unions always lose: I often criticize the Trump NLRB for taking too narrow a view of workers’ rights, creating an inevitable clash with First Amendment principles. But recently, I’ve had the opposite complaint: the Board […]

This past week I became intrigued and not a little bit concerned about a news story involving a faculty member at Indiana University, where I did my graduate work. It seems that a tenured professor of

The reporting of Garrett Epps and Dahlia Lithwick suggests that the lawyers representing Xavier Alvarez — the habitual liar convicted of violating the Stolen Valor Act — had trouble coming up with a decent response to Antonin Scalia’s assertion that “there is no First Amendment value in falsehood.”  But whether he was able to convince the Court, […]

The Right to Record

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On August 30, 2011

The strong opinion by 1CA holding that police officers who prevent people from recording them in public are acting in violation of the First Amendment is obviously good news. It also seems to imply pr

The Other Shoe Drops

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In General
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On June 27, 2011
Shorter Supreme Court Republicans:  Allowing more people access to the political process without preventing other people from spending their money if they choose violates the First Amendment.   Plutocrats and their agents should have the field to themselves! This case is much, much worse than Citizens United, which at least had a reasonable basis in the […]

"Government Speech" And the First Amendment

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In Uncategorized
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On February 25, 2009
As was widely expected, the Supreme Court today that Pleasant Grove, Utah’s unwillingness to display a monument erected by the Summum did not violate the religious group’s free speech rights. Alito, writing for the Court, argued that “the placement of a permanent monument in a public park is best viewed as a form of government […]
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