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

Tipping the Balance: the Conscience Rule, Religious Freedom, and Health Care

By: Tim Sookram On May 21, 2019, the U.S. Department of Health and Human Services’ Office of Civil Rights promulgated the final version of the “Conscience Rule,” a regulation aimed at protecting the rights of those who cite religious grounds in refusing to perform or assist with certain health care services. Opponents have decried the … Continue reading Tipping the Balance: the Conscience Rule, Religious Freedom, and Health Care

Fear and Loathing in the Court: Justice Thomas’s Audience of One in McKee v. Cosby

By: Zachary Tooman Lamenting Richard Nixon’s nomination of William Rehnquist for Associate Justice in December 1971, Dr. Hunter Thompson labeled Rehnquist a “vengeful geek” who would, along with fellow nominee Lewis Powell, “reduce the U.S. Supreme Court to the level of a piss-poor bowling team in Memphis,” and create a “disastrous, nazi-bent shift of the … Continue reading Fear and Loathing in the Court: Justice Thomas’s Audience of One in McKee v. Cosby

Professional Speech & Conduct: Do the Courts Know the Difference?

By: Prakash Kadiri Is giving nutritional advice protected by the First Amendment? Absolutely. Now, what if you’re not licensed by the state but compensated for that advice—is your speech still protected by the First Amendment? A Florida District Court recently said no. In deciding cases like this, courts try to distinguish whether the licensing laws— … Continue reading Professional Speech & Conduct: Do the Courts Know the Difference?

Social Security ‘Big Brother’ for the Disabled

By: Elliotte Kiel Applicant Surveillance to Prevent Fraud In March 2019, the Social Security Administration (SSA) announced it is looking into social media surveillance of Social Security Disability Insurance (SSDI) applicants. The agency justified this as part of their “responsibility to detect and prevent fraud.” SSDI pays monthly benefits to people who cannot regularly work … Continue reading Social Security ‘Big Brother’ for the Disabled