Volumes

The FTC Sticks Their Foot in the First Amendment

Nov
11

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.

What Happens in California, Doesn’t Stay in California: First Amendment Implications of Interstate Abortion Advertising Post-Dobbs

Nov
04

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 …

Volume 21 Blogs!

Sep
26

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 …

Our Asshole System: Contempt of Cop Charges and the First Amendment

Sep
23

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 …

The First Amendment Restricts the Government, not Whole Foods

Sep
16

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 …

When One Door Opens, What Happens To Others? First Amendment Implications of Name, Image, and Likeness.

Sep
09

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 …

Your Name Here™: Who Has the Right to Trademark a Name?

Aug
26

By Gabriela Monasterio, Staff Writer Vol. 20 The Federal Circuit announced on February 24, 2022 that the Lanham Act’s ban on trademarking names is unconstitutional as content-based discrimination. This reversed the Trademark Trial and Appeal Board (TTAB) decision, which denied an application for the phrase “Trump Too Small” because it contained the name of a …

Banning Reality: Attempts to Restrict Books with Anti-Racist and Anti-Cop Views in the Wake of 2020 Protests

Jan
07

By Sydney Welch, Staff Member Vol. 20 This post is dedicated to Ahmaud Arbery, Breonna Taylor, George Floyd, and the thousands of other Black Americans who have been unjustly murdered by police. During the summer of 2020, the COVID-19 pandemic was raging, presidential election campaigns were in high gear, and public attention turned to racial …