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
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
Virginia lawmakers have repealed a centuries-old, vague profanity law.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 While Virginia joins a host of states who have already repealed such laws, many states still retain profanity statutes.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
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
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
Thanks for checking out this week’s Newsflash! Be sure to also check out our latest edition of FALR, Volume 18 Fall Issue. Today the Fourth Circuit will hear arguments concerning the constitutionality of President Trump’s travel ban on immigration from predominantly Muslim countries. Lawyers asserting that the ban is unconstitutional are arguing that it targets … Continue reading NEWSFLASH! 1/12-1/27
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
After a long and deserved winter break, the First Amendment Law Review staff is back to work! We look forward to bringing you new issues and blog posts this semester! Here are some First Amendment headlines made since the beginning of the New Year: The United States Supreme Court is poised to hear a case … Continue reading NEWSFLASH! 12/29-1/12
Happy Monday and Thanksgiving week! Here are a few First Amendment headlines: The Knight Foundation recently released a report entitled “High School Student Views on the First Amendment: Trends in the 21st Century.” Using surveys of high school students from 2004 to 2018, the report analyzed general trends among teenagers in their views of the … Continue reading NEWSFLASH! 11/12-11/25
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?
