Tag Archives: Supreme Court

SCOTUS Bans Demonstrations on Grounds

The following post was written by NCAC’s summer legal intern, Ryan Gander. Ryan is a current student at Columbia Law School. His interests include philosophy, civil liberties, science fiction, and video games. The Supreme Court has a troubled relationship with … Continue reading

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It’s About Time We Have “The Video Game Talk”

Last Monday the Supreme Court ruled 7-2 to strike down a California law that banned the selling of violent video games to minors. The Supreme Court ruled that video games are allowed the same protection under the first amendment as … Continue reading

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Reassessing “Decency”

On Monday, June 27th, the Supreme Court announced that upon returning from its summer recess in October, it would revisit the Federal Communication Commission’s rule that allows it to fine broadcasters for “indecency.” Last year, the New York-based 2nd U.S. … Continue reading

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Moot Court Competition Examines Real Student Cyber-Speech Issues

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

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Update on Citizens United v. FEC: Campaign Finance Reform and Free Speech

Earlier this year, we covered Citizens United v. FEC, a Supreme Court case on the constitutionality of federal election laws.  As we explained in April, “the Court, among other things, needs to determine whether Hillary: The Movie, a 90 minute … Continue reading

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Sotomayor is confirmed: What does it mean for the First Amendment?

Judge Sonia Sotomayor was confirmed by the Senate today as the newest member of the Supreme Court, replacing  Justice David H.  Souter who retired in June.  She becomes the 111th member of the U.S. Supreme Court, as well as the … Continue reading

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NCAC Files Brief in U.S. v. Stevens, Urging Supreme Court to Reject “Invitation to Censorship”

In a friend-of-the-court brief filed this week in an important Supreme Court free speech case, NCAC, joined by the College Art Association, warned that a law banning depictions of animal cruelty violates the First Amendment right to free speech, and the … Continue reading

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Fleeting Expletives and the 9-Second Nipple: The Supreme Court Defers to the FCC’s Decision Making in FCC v. Fox & FCC v. CBS

On Tuesday April 28, the Supreme Court handed down a decision in the matter of FCC v. Fox Television Stations, which on its face appears to be hostile to free speech interests.

In a 5-4 decision, the Court sided with the FCC, finding that the agency had not been arbitrary or capricious in its sanctioning of Fox Television Stations, Inc. over two instances of live broadcasts where the F- and S- words were uttered. The FCC had determined that these instances of “fleeting expletives” were indecent, but not protected by the First Amendment— despite a long standing tradition of fleeting instances of indecent content being immune from FCC sanctions.

Every cloud has its silver lining, however. This case’s silver lining is that it will ultimately be fantastic for free expression, in that Justice Antonin Scalia, in writing for the majority, declined to make a decision regarding the constitutionality of the FCC’s new policy regarding fleeting expletives, instead sending the case back to the lower court for further deliberation on this issue. Continue reading

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Hillary: The Movie: Political commentary or just a really long political ad?

Last week, the Supreme Court heard oral arguments in the matter of Citizens United v. The Federal Election Commission, Case no. 08-205. This is an interesting case in that the Court, among other things, needs to determine whether Hillary: The … Continue reading

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Pleasant Grove v. Summum: Free Speech or Establishment Clause?

According to The Associated Press: The Supreme Court ruled unanimously . . . that a small religious group cannot force a city in Utah to place a granite marker in a local park that already is home to a Ten … Continue reading

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