First Amendment

From Knight First Amendment Institute at Columbia University v. Trump, 2019 WL 2932440 (2d CIr. July 9, 2019): Considering the interactive features, the speech in question is that of multiple individuals, not just the President or that of the government. When a Twitter user posts a reply to one of the President’s tweets, the message…

Read More Trump Twitter Blocking Violates the First Amendment, Second Circuit Holds

Today, March 3, 2019, marks the 100th anniversary of the Supreme Court’s decision in Schenck v. United States, 249 U.S. 47 (1919), an important First Amendment case setting the stage for the modern interpretation of the First Amendment. The unanimous Court, in an opinion authored by Justice Oliver Wendell Holmes Jr., upheld the convictions, under…

Read More “Shouting Fire in a Theatre”: Schenck v. United States Turns 100

President Trump attracts lawsuits like a magnet attracts iron filings. In a lawsuit filed November 13, 2018 in the U.S. District Court for the District of Columbia Circuit, captioned Cable News Network, Inc. et al v. Donald J. Trump et al (U.S. Dist. Ct. D.C. Cir. filed Nov. 13, 2018), plaintiffs CNN and Jim Acosta accuse…

Read More CNN & Jim Acosta File First Amendment-Based Lawsuit Against Trump et al

Today is “Flag Day,” which according to one source “commemorates the adoption of the flag of the United States on June 14, 1777 by resolution of the Second Continental Congress.” Some legal tidbits about Old Glory: The U.S. Flag Code, codified at Chapter 1 of Title 4 of the United States Code (4 U.S.C. § 1 et…

Read More Happy Flag Day 2018

In a 7-2 decision issued today, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission (U.S. No. 16-111 June 4, 2018) (J. Kennedy), the U.S. Supreme Court ruled 7-2 in favor of a Colorado baker who refused to create a cake for a gay couple’s wedding because of his claimed religious opposition to same-sex marriage. Importantly,…

Read More SCOTUS Issues Narrow Decision in Baker’s Favor in “Gay Wedding Cake” Case

In a decision issued today, Knight First Amendment Institute at Columbia Univ. et al v. Donald Trump et al, 17-cv-5205 (S.D.N.Y. May 23, 2018), U.S. District Judge Naomi Reice Buchwald held that Donald Trump may not, consistent with the First Amendment, “block” Twitter users from his @realDonaldTrump Twitter account based on their political views. From…

Read More Trump Twitter Ban Violates the First Amendment, SDNY Judge Holds