Universal Life Church Scores Small But Significant Legal Victory in Tennessee

Not only are the three DAs’ concessions substantive and meaningful in their respective counties, the stipulations they put into the record, although legalistically drafted, are all but concessions that they were on the losing side of the merits of the case. (Keep reading)

Facebook Is Playing with Fire by Censoring Activists’ COVID-19 Protest Organization Efforts

Facebook’s investors would probably rather the company’s directors not needlessly expose its bottom line to litigation expenses to defend even meritorious First Amendment claims by taking such drastic, heavy-handed measures as outright censorship of political speech and associations. (Keep reading)

Why the Tenth Amendment Won’t Shield States and Municipalities from Liability for Violating the First Amendment

“Does the Tenth Amendment and reservation of police powers to the states under the Constitution create any special hurdle to liability for quashing protests?”  The answer to that question is a resounding “no.” (Keep reading)

Beware COVID-19 Orders and Related Actions That Try to Stop People from Protesting

The Raleigh Police Department shut down a protest this week and arrested people who refused to comply. It should lose a First Amendment challenge to its conduct ten times out of ten under multiple theories of free speech law. (Keep reading)

Church Closures During the COVID-19 Pandemic (Probably) Do Not Violate the First Amendment

As they say, the devil is always in the details, but generally speaking, broad-based “safer-at-home” or “shelter-in-place” orders to prevent the spread of COVID-19, without more, probably do not violate the First Amendment’s Free Exercise Clause, even if they prevent church members from gathering to worship. (Keep reading)

SCOTUS Rules 5-4 in Favor of First Amendment in McCutcheon v. FEC

If you hated the ruling Citizens United because it steered money away from candidates and parties, you should love the ruling in McCutcheon. (Keep reading)

P.J. O’Rourke, Ilya Shapiro, Trevor Burrus, and Gabriel Latner* Co-authored an Amici Curiae Brief, and It’s as Awesome as You’d Think It’d Be

The entire thing is a hair over 20 pages, and well worth your time — I’ve pulled some highlights for you, but you should really read the whole thing. (Keep reading)