Tag Archives: SCOTUS

Sorrell Means Business

Posted on June 29, 2011 by

Last week’s Supreme Court decision in Sorrell v. IMS Health Inc.  signified a subtle yet important shift in commercial speech interpretation that may precede increased corporate strength in the legal arena.  The opinion, by Justice Kennedy, argues that Vermont did … Continue reading →

Posted in Mariel Tavakoli | Tagged , , , , , | Leave a comment

Moot Court Competition Examines Real Student Cyber-Speech Issues

Posted on February 22, 2011 by

David Hudson of the First Amendment Center is connecting the dots between the hypothetical case presented in the 2011 First Amendment Moot Court Competition (in which the College Of William and Mary Law School emerged victorious — Go Tribe!) and … Continue reading →

Posted in Michael ONeil: Author | Tagged , , , , , , , , | Leave a comment

Violent video games in the Supreme Court

Posted on November 5, 2010 by

There were quite a few surprising moments at the Supreme Court argument Tuesday about California’s attempt to ban violent video games. There were references to “gratuitous violence” as material that “appeals to a base instinct especially [in] minors.” It made … Continue reading →

Posted in Joan Bertin: Author | Tagged , , , | 1 Comment

Second Circuit Strikes Down FCC Regulations on Fleeting Expletives on Constitutional Grounds

Posted on July 14, 2010 by

There is some good news in the prolonged battle of fleeting expletives in the media, FCC v. Fox Television Stations.  The Second Circuit Court of Appeals has ruled that the FCC’s ban on fleeting expletives is unconstitutionally vague. This comes … Continue reading →

Posted in Paul Rozenberg: Author | Tagged , , , , | Leave a comment

Elena Kagan and the First Amendment

Posted on July 1, 2010 by

The activities and viewpoints of Elena Kagan have been put under a microscope since congressional hearings on her nomination to the Supreme Court have started, but one area that senators have not questioned her in are her thoughts and work … Continue reading →

Posted in Paul Rozenberg: Author | Tagged , , , | 1 Comment

Supreme Court declines to hear theatre smoking ban case

Posted on May 28, 2010 by

The Supreme Court of the United States has declined to hear Curious Theatre Company v. Colorado Department of Public Health and Environment, meaning that the Colorado Supreme Court’s ruling that smoking can be banned from a stage stands. This means … Continue reading →

Posted in Paul Rozenberg: Author | Tagged , , , , | Leave a comment

To ban or not to ban: Selling violent video games to minors

Posted on April 27, 2010 by

Does the First Amendment bar a state from restricting the sale of violent video games to minors? That’s the question now before the Supreme Court in a case that will be argued next fall. In Schwarzenegger v. Video Software Dealers … Continue reading →

Posted in Joan Bertin: Author | Tagged , , | Leave a comment

First Amendment upheld in US v Stevens

Posted on April 21, 2010 by

In a much anticipated decision, the Supreme Court yesterday struck down a federal statute making it a crime to create, sell or possess “a depiction of animal cruelty.” In the 8 – 1 opinion, the Court characterized the law as … Continue reading →

Posted in 1 | Tagged , , | 1 Comment

Alito takes (another) stand on student speech

Posted on March 26, 2010 by

“[W]hen a public school purports to allow students to express themselves, it must respect the students’ free speech rights,” Justice Alito said in an opinion this week. His words came in a powerful dissent to the Supreme Court’s decision not … Continue reading →

Posted in Kate Wood: Author | Tagged , , , , | Leave a comment

Supreme Court rejects dress code case

Posted on January 14, 2010 by

Earlier this week the Supreme Court denied petition to review a high school student’s challenge to his school’s dress code. In denying review, the Supreme Court has chosen to leave the lower court’s holding intact — a holding that serves … Continue reading →

Posted in Lindsay Ryder: Author | Tagged , , , , , , | 1 Comment