Articles Tagged: First Amendment


South Dakota Abortion Ad Ban Put on Hold in First Amendment Challenge

A federal judge in South Dakota has preliminarily enjoined enforcement of a state abortion-advertising restriction against a reproductive-health education nonprofit and an attorney, concluding the challengers are likely to succeed on their First Amendment claims. The ruling is another important entry in the growing body of post-Dobbs litigation testing how far states can go when regulating not just abortion procedures, but speech about abortion.

At this stage, the court did not finally decide the statute’s constitutionality.

Federal Judge Halts Pentagon Escort Policy for New York Times Reporters

A federal judge in Washington has preliminarily blocked the Defense Department from forcing New York Times reporters to be accompanied by escorts while they pursue their challenge to Pentagon press-access restrictions, a ruling that signals meaningful judicial skepticism toward the policy under the First Amendment.

The dispute, now pending as NEW YORK TIMES COMPANY et al v. DEPARTMENT OF DEFENSE et al, centers on whether the Pentagon can impose differential access burdens on a major news organization in a way that appears to impede routine newsgathering.

Comey Indictment Puts Threat Statutes, Retaliation Claims, and Political Speech on a Collision Course

The Justice Department’s second indictment of former FBI Director James Comey over his “86 47” social-media post has quickly become one of the most closely watched criminal matters on the federal docket. The case sits at the intersection of true-threat doctrine, prosecutorial discretion, and the constitutional limits of charging politically charged speech.

According to reporting on the matter, prosecutors contend the post amounted to a threat against the president.

Supreme Court Applies Strict First Amendment Review to Colorado’s Conversion-Therapy Ban

The U.S. Supreme Court on April 17 issued a closely watched First Amendment ruling in Kaley Chiles, Petitioner v. Patty Salazar, in Her Official Capacity as Executive Director of the Colorado Department of Regulatory Agencies, et al., holding that Colorado’s law restricting licensed counselors from attempting to change a minor’s sexual orientation or gender identity must be evaluated under strict scrutiny.

DOJ Settles Social Media Censorship Suit Over Biden-Era State Department Program

The Justice Department has settled a closely watched lawsuit challenging the State Department’s alleged role in funding and promoting social media censorship during the Biden administration.

Supreme Court Revives First Amendment Challenge to Colorado Conversion-Therapy Ban

The U.S. Supreme Court has issued a major First Amendment ruling in Chiles v. Salazar, holding that Colorado’s conversion-therapy law, as applied to a licensed counselor’s talk therapy with minors, regulates speech based on viewpoint and that the lower courts did not apply the required level of constitutional scrutiny. The decision is likely to reshape ongoing litigation over state regulation of licensed professionals and could prompt renewed challenges to similar laws across the country.

The case was brought by counselor Kaley Chiles, who argued that Colorado’s law barred her from engaging in voluntary, client-directed conversations about sexuality and gender identity when those conversations sought outcomes the state disfavored.