The First Amendment Law Review Board is excited to announce the first round of blog topics for Volume 21! We will be posting one blog from our newest Staff Writers here each week starting November 4th. Here is the schedule: Blog TopicDateInterstate Abortion AdvertisingNovember 4, 2022First Amendment Issues Around Misleading AdvertisementsNovember 11, 2022Jack Daniels v. … Continue reading Volume 21 Blogs!
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Our Asshole System: Contempt of Cop Charges and the First Amendment
By Brianne Megahan, Staff Writer Vol. 20 Contempt of Cop Charges Theoretically, those in the U.S. are protected in expressing opposition to law enforcement officers. In reality, those who express this kind of disrespect to law enforcement officers are often arrested on “contempt of cop” charges. When an officer does not like what a subject … Continue reading Our Asshole System: Contempt of Cop Charges and the First Amendment
The First Amendment Restricts the Government, not Whole Foods
Image labeled for non-commercial use, Erin Clark. By: Kendall Williams, Staff Writer Vol. 20 **Update** On June 28, 2022, the First Circuit ruled 3-0 that the Whole Foods employees’ rights were not violated under Title IIV by Whole Foods or its parent company Amazon. The First Circuit found that the case was properly dismissed by … Continue reading The First Amendment Restricts the Government, not Whole Foods
When One Door Opens, What Happens To Others? First Amendment Implications of Name, Image, and Likeness.
By Carly Amatuzzo, Staff Writer Vol. 20 Introduction In the world of collegiate athletics, the past two years have been a series of legislative and administrative battles culminating in a judicial one. In June 2020, the Supreme Court held that the National Collegiate Athletic Association’s (NCAA) rules limiting education-related compensation for student-athletes violated federal antitrust … Continue reading When One Door Opens, What Happens To Others? First Amendment Implications of Name, Image, and Likeness.
Truth? Social: Trump’s new platform takes advantage of the law he once criticized
By Rachel Allore, Staff Writer Vol. 20 Social media outlets provide an unprecedented scope to the modern-day internet; anything from innocuous life updates to scathing anonymous comments can reach thousands of people every second. This space brings novel First Amendment issues directly to our screens, and social media sites rely on an obscure and specific … Continue reading Truth? Social: Trump’s new platform takes advantage of the law he once criticized
Your Name Here™: Who Has the Right to Trademark a Name?
By Gabriela Monasterio, Staff Writer Vol. 20 The Federal Circuit announced on February 24, 2022 that the Lanham Act’s ban on trademarking names is unconstitutional as content-based discrimination. This reversed the Trademark Trial and Appeal Board (TTAB) decision, which denied an application for the phrase “Trump Too Small” because it contained the name of a … Continue reading Your Name Here™: Who Has the Right to Trademark a Name?
Social Media Regulations v. The First Amendment
By Taylor Osborne, Staff Member Vol. 20 On September 9th, 2021, the Texas Legislature passed a law making it illegal for social media platforms to ban users based on their political viewpoints. The law is an apparent response to what legislators, including Governor Greg Abbott and Senator Bryan Hughes, felt was a dangerous move by … Continue reading Social Media Regulations v. The First Amendment
Banning Reality: Attempts to Restrict Books with Anti-Racist and Anti-Cop Views in the Wake of 2020 Protests
By Sydney Welch, Staff Member Vol. 20 This post is dedicated to Ahmaud Arbery, Breonna Taylor, George Floyd, and the thousands of other Black Americans who have been unjustly murdered by police. During the summer of 2020, the COVID-19 pandemic was raging, presidential election campaigns were in high gear, and public attention turned to racial … Continue reading Banning Reality: Attempts to Restrict Books with Anti-Racist and Anti-Cop Views in the Wake of 2020 Protests
Fulton and the Future of Religious Liberty
By: Megan Coates, Staff Member, Vol. 19 Introduction The Supreme Court recently heard oral argument in Fulton v. City of Philadelphia. In this case, a Catholic foster care agency resisted the City’s policy requiring agencies to certify same-sex couples as foster parents. Before reaching the Supreme Court, Fulton was heard at the Third Circuit, where … Continue reading Fulton and the Future of Religious Liberty
Is Trump Really Guilty of Incitement?
By: Hannah Simmons, Staff Member, Vol. 19 On February 13, 2021, former President Donald Trump was acquitted of the impeachment charge alleging that he incited the United States Capitol riots. Even though the Senate did not reach the two-thirds majority needed to convict Trump for his role in inciting the mob to attack the capitol, … Continue reading Is Trump Really Guilty of Incitement?
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