Free Speech

Articles discussing the law and policies behind the First Amendment.

North Carolina to appeal court decision that abortion and ultrasound law violates the First Amendment

February 19, 2014

In July 2011, House Bill 854, also known as the Woman’s Right to Know Act, was presented to then-Governor Beverly Perdue.  The Bill prohibits an abortion unless a physician conveys state-specified information to the patient.  The former Governor vetoed the bill, remarking that it was a “dangerous intrusion into the confidential relationship that exists between women and their doctors” and that “physicians must be free to advise and treat their patients based on their medical [...]

D.C. Circuit Court of Appeals Decision Could Transform Tobacco Product Packaging and Impact Other Consumer Products

November 5, 2012

On August 24, 2012, in R.J. Reynolds Tobacco Co. v. FDA, a divided panel of the D.C. Circuit Court of Appeals held that a provision of The Family Smoking Prevention and Tobacco Control Act violated the First Amendment.  Signed by President Barack Obama on June 22, 2009, the Act purports to give the U.S. Food and Drug Administration (FDA) the authority to require that cigarette packages manufactured or sold in the United States contain textual warnings and color graphics depicting the negative [...]

Citizens Divided

July 30, 2012

Amid the frenzy over the much-anticipated Supreme Court decision regarding the constitutionality of the Affordable Care Act, the Court handed down its decision in American Tradition Partnership, Inc. v. Bullock.  The American public and media, with laser focus on the Court’s decision in National Federation of Independent Business v. Sebelius, didn’t seem to be listening when the Supreme Court quietly disposed of its opportunity to reconsider its 2010 decision permitting corporations to [...]

Is a Facebook “Like” Entitled to Constitutional Protection?

June 2, 2012

The Facebook “like” feature allows users to click a thumbs up icon attached to posts, pictures, links, and pages.  By clicking this “like” button, users can “like” pages of companies, political candidates and even candidates in a cutest baby contest.  But is a Facebook “like” an expression of liking or supporting something? On April 24, in Bland v. Roberts, Judge Raymond Jackson of the United States District Court for the Eastern District of Virginia ruled “merely [...]
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