Tag Archives: First Amendment Law

SCOTUS Opinion: Court Enjoins New York Restrictions on Religious Gatherings

  In response to the COVID-19 pandemic, New York Governor Andrew Cuomo issued an executive order limiting public gatherings in color-coded zones. In a red zone, religious services were limited to ten people, while in orange zones the gatherings could total 25 attendees. In Roman Catholic Diocese of Brooklyn, New York v. Cuomo, certain religious institutions challenged that order as violating ... Read More

Supreme Court: Posting To Facebook Is A First Amendment Right

A North Carolina law made it a felony for a registered sex offender “to access a commercial social networking Web site where the sex offender knows that the site permits minor children to become members or to create or maintain personal Web pages.” When a sex offender posted on Facebook about getting a traffic ticket dismissed, he was convicted and ... Read More

SCOTUS: Disparaging Trademarks Have First Amendment Protection

The Lanham Act has a provision prohibiting the registration of trademarks that “disparage . . . or bring . . . into contemp[t] or disrepute” and “persons, living or dead.” Simon Tam, lead singer of the Japanese rock band “The Slants” sued when the band’s name was denied registration. The Federal Circuit held that the disparagement clause was facially unconstitutional ... Read More