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In Triana v. Sodexo, Inc., 2018 WL 6413151, at *7 (S.D.N.Y., 2018), the court, inter alia, dismissed plaintiff’s First Amendment retaliation claim.  The court provides the following summary of the relevant law: Where a plaintiff claims that he or she was retaliated against in violation of the First Amendment, he or she must demonstrate that “(1) […]

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 […]

Happy Flag Day 2018

by mjpospis on June 14, 2018

in First Amendment

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 […]

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, […]

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 […]