Menu
Hot-Topics
June 5, 2025 | SCOTUS Sides with Military Reservist in Differential Pay Dispute
Tag: First Amendment
Supreme Court Clarifies First Amendment Test for True Threats
In Counterman v. Colorado, 600 U.S. ____ (2023), the U.S. Supreme Court held that to establish that a statement is a “true threat” unprotected by the First Amendment, the state must prove that the defendant had some subjective understanding of t...
SCOTUS Takes on Jack Daniels’ First Amendment Parody Case
The Supreme Court recently heard oral arguments in a closely watched case involving intellectual property law and First Amendment principles. The case, Jack Daniel’s Properties v VIP Products, centers on where courts should draw the line between p...
SCOTUS to Clarify Standard for Determining Whether True Threat Exception Applies
The U.S. Supreme Court recently granted certiorari in Counterman v. Colorado, which involves the standard for determining when statements are “true threats” that are not protected by the First Amendment. The justices previously agreed to address...
SCOTUS Considers Potential Blockbuster Election Law and LGBTQ Rights Cases
Last week, the U.S. Supreme Court heard oral arguments in two potential blockbuster cases. The first, 303 Creative LLC v. Elenis, involves whether businesses that offer custom goods or services can refuse service to LGBTQ customers on First Amendme...
Supreme Court Rejects Cause of Action Under Bivens Against Border Patrol Agent
In Egbert v. Boule, 596 U.S. ____ (2022), the U.S. Supreme Court held that the authority of a court to imply a cause of action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), does not extend to either a ...
State-Actors Subject to the First Amendment in Manhattan Community Access Corp v Halleck
In Manhattan Community Access Corp v Halleck, 587 U.S. ___ (2019), the U.S. Supreme Court held that Manhattan Community Access Corp., a private nonprofit corporation designated by New York City to operate public access channels on the Time Warner-ow...
SCOTUS Sidestepped Challenge to Pledge of Allegiance in Elk Grove Unified School District v Newdow
In Elk Grove Unified School District v Newdow, 542 U.S. ____ (2004), the U.S. Supreme Court sidestepped a constitutional challenge to the Pledge of Allegiance. By holding that the plaintiff lacked standing, the Court avoided deciding whether the wor...
Rucho v Common Cause: Supreme Court Rules Courts Can’t Solve Partisan Gerrymandering
In Rucho v Common Cause, 588 U.S. ____ (2019), the U.S. Supreme Court held that courts have no role in resolving partisan gerrymandering claims. By a vote of 5-4, the divided Court held that such cases present political questions beyond the reach of...
The American Legion v American Humanist Association: Bladensburg Cross Does Not Violate First Amendment
In The American Legion v American Humanist Association, 588 U. S. ____ (2019), the U.S. Supreme Court held that the Bladensburg Cross does not violate the Establishment Clause of the First Amendment. While seven justices agreed with the Court’s ju...
Previous Articles
Will US Supreme Court Allow Religious Charter Schools?
by DONALD SCARINCI on June 3, 2025
The U.S. Supreme Court recently heard oral arguments in a key First Amendment case involving the se...
Supreme Court Sides With FDA on Flavored Vape Denials
by DONALD SCARINCI on May 21, 2025
In Food and Drug Administration v. Wages and White Lion Investments, LLC, 604 U.S. ____ (2025), the...
SCOTUS Agrees to Consider Birthright Citizen Cases
by DONALD SCARINCI on
The U.S. Supreme Court has agreed to consider legal challenges to President Donald Trump’s execut...
