Tag Archives: SCOTUS

Sorrell Means Business

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

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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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Violent video games in the Supreme Court

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

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

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

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Elena Kagan and the First Amendment

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

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Supreme Court declines to hear theatre smoking ban case

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

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

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

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First Amendment upheld in US v Stevens

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

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Alito takes (another) stand on student speech

“[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

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Supreme Court rejects dress code case

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

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