First Amendment

Randazza Legal Group is proud to sponsor Spring Valley High School Football. When they approached us to sponsor them, of course we said “yes.” When they told us that we got to put whatever we wanted on the back of the shirt, we saw it...

In Marc Randazza’s latest First Amendment victory, he once again fended off censorship in favor of wide open debate. In this appellate victory, the 11th Circuit Court of appeals upheld an earlier anti-SLAPP win, and a lower court decision that held that a plaintiff could...

by Jay Marshall Wolman, CIPP/US By now, practically everyone who cares has heard that Magistrate Pym has ordered Apple to help the FBI crack open an iPhone related to the San Bernadino shooting.  The order is pursuant to the All Writs Act, codified at 28 U.S.C. sec....

by Jay Marshall Wolman My recent post on the Ninth Amendment got me thinking about Griswold v. Connecticut, and its progeny, including Lawrence v. Texas.  Although the latter explicitly stated it wasn't ruling on prostitution, it didn't say it wasn't protected. Assuming a logical thread from Griswold, the case law is...

by Jay Marshall Wolman As an employment lawyer who works for a 1st Amendment firm, I try to keep up with developments in both areas.  Sometimes, they overlap, as they did in my Twitter feed recently.  (Blatant self-promotion, feel free to follow me @wolmanj ). In Trusz...

You remember that episode, where Michael Scott declares bankruptcy? [youtube=https://www.youtube.com/watch?v=HuGIgf-ICHM] Keep that in mind for this lesson, kids. This happens to all of us, from time to time. A lawyer sends you a letter with some threatening language on it that he thinks accomplishes...

If you don't know what the deal is with prior restraint, here, watch: [youtube=https://www.youtube.com/watch?v=pn-kxUEySy0] There. Simple. Right? THE SUPREME COURT HAS ROUNDLY REJECTED PRIOR RESTRAINT! I wish I could just submit that clip to the next judge who even considers granting one. Just...

I've been involved in the debate over whether we should criminalize "revenge porn." As much as I despise the practice, I don't agree with new criminal laws to punish it. In fact, I just spent some time on a panel at Stanford Law...

By Reed Lee, Esq. Today rings in the 50th anniversary of the SCOTUS decision in New York Times v. Sullivan. In my view, this was the single most important free speech case the United States Supreme Court has ever decided. Alexander Mieklejohn described the...

This is not a Star Trek order.  There are no pithy jokes here.  There is, however, a shocking exposé of just how insidious the government can be in coercing silence when you speak out against outdated, incorrect, and even dangerous "conventional wisdom." Cooksey v. Futrell, et...

[caption id="attachment_18317" align="alignleft" width="175"] Nevada's Anti-SLAPP law, freshly signed. [/caption]You may have noticed that the writing has been a bit slow as of late. Well, one of the things that has been taking our attention away has been an all-hands effort up in...