By: John Schengber, Vol. 21 Staff Writer In recent decisions from the circuit courts — the second-highest level of federal courts behind the Supreme Court — judges disagree as to whether states can prohibit social media companies from moderating content on their platforms. The Firth Circuit Court of Appeals evaluated a Texas law, and the …
By Annelise Yackow, Vol. 21 Staff Writer The summer of 2020 was a pivotal time for the United States, particularly for the future of the criminal justice system, but also for First Amendment rights. Following the murder of George Floyd at the hands of Minneapolis Police, national protests broke out calling for improved police accountability …
“I was just joking!” serves as a less than convincing defense to most accusations. Not so in the Ninth Circuit. There, as Jack Daniels learned in a case it now seeks to bring to the Supreme Court, where an otherwise infringing product “communicates a ‘humorous message’ ” it is almost impossible to win.
In May 2022, the U.S. Federal Trade Commission (FTC) filed a lawsuit against a California footwear company, Gravity Defyer Medical Technology Corporation, and its owner, Alexander Elnekaveh, for false and deceptive advertising. Gravity Defyer markets and sells “pain defying” footwear made with “hybrid VeroShock technology” that claims to relieve knee, back, ankle or foot pain associated with certain medical conditions. In response to the lawsuit, Gravity Defyer invoked their First Amendment right to free speech and criticized the government agency for having a history of overreaching.
By: Blythe Riggan, Vol. 21 Staff Writer This summer, the Supreme Court left us with more questions than answers. In Dobbs v. Jackson Women’s Health, the Court held that the Constitution does not confer a federal right to an abortion. However, in stripping abortion of its constitutional protection, the Court also places another constitutionally protected …
The First Amendment Law Review Board is excited to announce the first round of blog topics for Volume 21! We will be posting one blog from our newest Staff Writers here each week starting November 4th. Here is the schedule: Blog Topic Date Interstate Abortion Advertising November 4, 2022 First Amendment Issues Around Misleading Advertisements …
By Brianne Megahan, Staff Writer Vol. 20 Contempt of Cop Charges Theoretically, those in the U.S. are protected in expressing opposition to law enforcement officers. In reality, those who express this kind of disrespect to law enforcement officers are often arrested on “contempt of cop” charges. When an officer does not like what a subject …
Image labeled for non-commercial use, Erin Clark. By: Kendall Williams, Staff Writer Vol. 20 **Update** On June 28, 2022, the First Circuit ruled 3-0 that the Whole Foods employees’ rights were not violated under Title IIV by Whole Foods or its parent company Amazon. The First Circuit found that the case was properly dismissed by …
By Carly Amatuzzo, Staff Writer Vol. 20 Introduction In the world of collegiate athletics, the past two years have been a series of legislative and administrative battles culminating in a judicial one. In June 2020, the Supreme Court held that the National Collegiate Athletic Association’s (NCAA) rules limiting education-related compensation for student-athletes violated federal antitrust …
By Rachel Allore, Staff Writer Vol. 20 Social media outlets provide an unprecedented scope to the modern-day internet; anything from innocuous life updates to scathing anonymous comments can reach thousands of people every second. This space brings novel First Amendment issues directly to our screens, and social media sites rely on an obscure and specific …