“Play[ing] In the Joints” of the First Amendment: Application of Montana Constitution’s “No Aid” Provision Violates Free Exercise Clause

By: Kristopher L. Caudle* The First Amendment to the United States Constitution provides two fundamental guarantees for all citizens: The government shall not establish an official religion; and the government shall not infringe upon a citizen’s right to freely exercise their chosen religion. However, the Supreme Court continues to recognize areas where there is ample … Continue reading “Play[ing] In the Joints” of the First Amendment: Application of Montana Constitution’s “No Aid” Provision Violates Free Exercise Clause

Privacy in Public Universities: DTH Media v. Folt, Public Records, and FERPA

By: Morgan McNeil The University of North Carolina has been no stranger to the spotlight recently. Dr. Christine Blasey Ford, UNC alum, gained notoriety when she publicly accused then-Supreme Court candidate Brett Kavanaugh of sexual assault. And amidst the Silent Sam scandal, the Daily Tar Heel Media Group, the parent company of The Daily Tar Heel, … Continue reading Privacy in Public Universities: DTH Media v. Folt, Public Records, and FERPA

NEWSFLASH! 3/9-4/6

As social distancing mandates remain in effect across the country due to the COVID-19 outbreak, large gatherings are largely prohibited. And while many trial courts have continued cases, appellate courts continue to issue decisions. Accordingly, some First Amendment issues remain in the news. Here are a couple of recent headlines: Despite restrictions in every state, … Continue reading NEWSFLASH! 3/9-4/6

NEWSFLASH! 2/24-3/9

Happy Monday! Although FALR staffers are enjoying a week of Spring Break, First Amendment doesn't stop! Here are some recent headlines: The Oklahoma House of Representatives has passed a bill that prohibits the state from contracting with any companies that boycott Israel.  The law states that the Oklahoma “shall not enter into a contract with … Continue reading NEWSFLASH! 2/24-3/9

The Right to (Begin to) Right a Wrong

By: Mannirmal Jawa Across the Southern United States, Confederate monuments stand on government property as active souvenirs of the Jim Crow era. Local governments that try to remove the statues sometimes run into hurdles. For example, sometimes members of the public protest the removal; the infamous Unite the Right rally that turned deadly in Charlottesville … Continue reading The Right to (Begin to) Right a Wrong

Combating Fake News with Public Nuisance Law

By: Tisha Martin Last August, an Oklahoma District Court Judge held Johnson & Johnson liable for its role in the opioid epidemic in Oklahoma. Oklahoma brought its case against the pharmaceutical company under public nuisance law. The court’s ruling—that a company can be held liable under public nuisance law for the effects of their advertisements—is … Continue reading Combating Fake News with Public Nuisance Law

NEWSFLASH! 2/10-2/24

Virginia lawmakers have repealed a centuries-old, vague profanity law. The statute criminalized “any person [who] profanely curses or swears” and made any violation thereof a Class 4 misdemeanor. While Virginia joins a host of states who have already repealed such laws, many states still retain profanity statutes. As one spokesman for Virginia’s governor—who is expected … Continue reading NEWSFLASH! 2/10-2/24

NEWSFLASH! 1/27-2/10

Greetings, First Amendment fans! Be sure to check out this blog for bi-weekly posts written by our journal's staff members in addition to these Newsflashes--run-downs of recent First Amendment news. Here are some particularly interesting headlines: Republican Rep. Brady Brammer of Utah has introduced a bill which would require pornographic material to carry warning labels--similar … Continue reading NEWSFLASH! 1/27-2/10