Supreme Court Rules That NYC Public Access Channel Is Not a Public Forum

The Supreme Court weighed in on a case over whether a public access channel should be considered a private actor or a public forum. In 2012, nonprofit Manhattan Community Access […]

Supreme Court Hears Trademark Case Centered On A Seemingly Offensive Word

The Supreme Court is weighing whether the U.S. Patent and Trademark Office acted unconstitutionally when it denied granting a trademark to a clothing line called “FUCT.” The case was brought by […]

President Trump’s Bid To Block Defamation Lawsuit By Zervos Rejected Again

A New York appellate court has rejected President Trump’s attempt to block a defamation lawsuit brought by former Apprentice contestant Summer Zervos, ruling that suit can move forward while he […]

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.”