Supreme Court Justice Clarence Thomas Calls On the Court to Reconsider Landmark Libel Case

Calling for the reconsideration of the actual malice standard is a major attack on New York Times v. Sullivan.

Ballard Spahr: What Does the “New” Supreme Court Portend for Media Lawyers?

Reprinted with Permission from Ballard Spahr Much ink has been spilled over the potential ramifications of now-Justice Brett Kavanaugh’s appointment to the U.S. Supreme Court across a broad range of […]

SCOTUS Nominee Kavanaugh And The First Amendment: His Record, Views, And Controversies

In light of Judge Brett Kavanaugh's nomination, experts weigh in on his First Amendment record with mixed views. During the course of the confirmation process, Kavanaugh was questioned about reporter's privilege and whether he would allow journalists to divulge the details of confidential conversations he had with them decades ago.

Supreme Court Rules Polling Place Dress Code Unconstitutional

The Supreme Court struck down a Minnesota statute that restricted what voters can wear to the polls on election day. Under Minnesota’s law, voters may not wear “issue-oriented material” and […]

Supreme Court Hands Down Ruling in Masterpiece Cake Case

The Supreme Court ruled 7-2 in favor of Jack C. Phillips, the owner of Masterpiece Cakeshop in Lakeland, Colorado, who refused to design and create a wedding cake for a celebration of a same-sex marriage saying that a state commission violated the Constitution's protection of religious freedom when it ruled against Phillips. Phillips had claimed that the creation of the cake is artistic expression protected by the First Amendment’s free speech and free exercise of religion clause. The couple and Colorado argued that Phillips’ work on the cake was not expressive conduct according to the law and that the state had a significant interest in preventing discrimination based on sexual orientation. “The neutral and respectful consideration to which Phillips was entitled was compromised here,” Justice Kennedy wrote in the decision. “The Civil Rights Commission’s treatment of his case has some elements of a clear and impermissible hostility toward the sincere religious beliefs that motivated his objection.”

Libel: Protecting Vital Political Speech

Until 1964 when the Supreme Court decided New York Times v. Sullivan, and extending back many centuries, public officials had the power to put down critics. They could easily win […]

Following Supreme Court, Kentucky Judge Lifts Social Media Ban on Sex Offenders

In June, the Supreme Court struck down a North Carolina statute with banned registered sex offenders from accessing social media because it violated their First Amendment rights (Packingham v. North Carolina). […]

Hate Speech: Freedom to Express the “Thought That We Hate”

Is offensive speech, and especially hate speech, protected by the First Amendment? Some protesters use profane and scurrilous language to make their point. Others like the neo-Nazis and other white […]