By Annelise Yackow, Vol. 21 Staff Writer The summer of 2020 was a pivotal time for the United States, particularly for the future of the criminal justice system, but also for First Amendment rights. Following the murder of George Floyd at the hands of Minneapolis Police, national protests broke out calling for improved police accountability … Continue reading Now Trending Nationally: States Limiting First Amendment Rights to Film Police Despite Explicit Right from the Supreme Court.
Tag: First Amendment
“But I was Just Joking!”: The Insurmountable Infringement Defense
“I was just joking!” serves as a less than convincing defense to most accusations. Not so in the Ninth Circuit. There, as Jack Daniels learned in a case it now seeks to bring to the Supreme Court, where an otherwise infringing product “communicates a ‘humorous message’ ” it is almost impossible to win.
The FTC Sticks Their Foot in the First Amendment
In May 2022, the U.S. Federal Trade Commission (FTC) filed a lawsuit against a California footwear company, Gravity Defyer Medical Technology Corporation, and its owner, Alexander Elnekaveh, for false and deceptive advertising. Gravity Defyer markets and sells “pain defying” footwear made with “hybrid VeroShock technology” that claims to relieve knee, back, ankle or foot pain associated with certain medical conditions. In response to the lawsuit, Gravity Defyer invoked their First Amendment right to free speech and criticized the government agency for having a history of overreaching.
What Happens in California, Doesn’t Stay in California: First Amendment Implications of Interstate Abortion Advertising Post-Dobbs
Source: Governor Gavin Newsom’s Office (courtesy of CBS News) By: Blythe Riggan, Vol. 21 Staff Writer This summer, the Supreme Court left us with more questions than answers. In Dobbs v. Jackson Women’s Health, the Court held that the Constitution does not confer a federal right to an abortion. However, in stripping abortion of its … Continue reading What Happens in California, Doesn’t Stay in California: First Amendment Implications of Interstate Abortion Advertising Post-Dobbs
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
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
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
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?
First Amendment Implications of Curfews During Black Lives Matter Protests
By: Elizabeth Ernest, Staff Member, Vol. 19 Since last May, protests have taken place across the country in response to police brutality against Black Americans. In response, many cities implemented city-wide curfews. In Raleigh, North Carolina, Mayor Mary-Ann Baldwin implemented a preventive curfew in anticipation of the response to the shooting of Jacob Blake. Although … Continue reading First Amendment Implications of Curfews During Black Lives Matter Protests
Militarized Policing Tactics Tread Upon First Amendment Rights
By Dreshawn McFadden, Staff Member Vol. 19 Free Speech and the Chilling Effects of Police Tactics During my first year of law school, I was reintroduced to the renowned First Amendment to the US Constitution, which states, “Congress shall make no law … abridging the freedom of speech, or of the press; or the right … Continue reading Militarized Policing Tactics Tread Upon First Amendment Rights
First Amendment Law Review 