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What If Christine O’Donnell Were Right About The First Amendment?

Posted by William A. Jacobson on October 20, 2010 49 Comments

The mainstream media and blogosphere have erupted because in a radio debate Christine O’Donnell appeared to dispute whether “separation of church and state” was required by the First Amendment. (O’Donnell’s campaign walked back the position after the debate, saying O’Donnell merely meant that the words...

Obama Attempts to Rewrite The First Amendment

Posted by William A. Jacobson on March 28, 2009 1 Comment

When we think of the First Amendment to the Constitution, we think of the freedoms of religion, speech and the press. Occasionally, someone will mention the right to peaceably assemble. But for most people, the discussion ends there. Can you name which right guaranteed by...

University of Miami Law Prof Wants ‘Redo’ of the First and Second Amendments

Posted by Mike LaChance on December 20, 2021 20 Comments

“Once a defense of the powerless, the First Amendment over the last hundred years has mainly become a weapon of the powerful”

UCLA Prof Doesn’t See the First or Second Amendments as Absolute

Posted by Mike LaChance on September 09, 2019 7 Comments

"calling not only for gun control but also 'qualifications' to freedom of speech"

First Bloggers Amendment

Posted by William A. Jacobson on June 08, 2013 9 Comments

In light of “questions” by both Lindsay Graham (since clarified) and Dick Durbin as to whether bloggers are entitled to First Amendment protection, I thought these two videos might be worth watching. Floyd Abrams (btw, father of Dan Abrams, television legal commentator and proprietor of...

Florida Supreme Court Upholds 15-Week Abortion Ban, Allows Abortion Rights Amendment on Ballot

Posted by Mary Chastain on April 01, 2024 84 Comments

The amendment would limit "government interference with abortion."

Groundswell of Second Amendment Cases Seems Destined for the Supreme Court

Posted by James Nault on March 17, 2024 50 Comments

Federal courts in blue states seem to be upholding the majority of gun control laws, even after landmark Supreme Court decisions upholding the fundamental right to keep and bear arms

San Diego Man First Ever Person Charged With Smuggling Greenhouse Gases Into America

Posted by Mary Chastain on March 06, 2024 32 Comments

Michael Hart of San Diego smuggled hydrofluorocarbons from Mexico to America.

Supreme Court Declines to Stop Nation’s First Execution by Nitrogen in Alabama

Posted by Leslie Eastman on January 25, 2024 53 Comments

Vatican-tied peace group wants Europe to boycott Alabama over nitrogen execution.

Georgia Federal Judge Rules Racially Discriminatory Contracting Is “Speech and Expression” Protected By 1st Amendment – Emergency Appeal Filed

Posted by William A. Jacobson on September 28, 2023 68 Comments

Emergency Motion for injunction pending appeal: "The district court said discriminatory contracting itself is protected speech. That line is one the Supreme Court has always been careful not to cross, as it would destroy the whole enterprise of antidiscrimination law.... But the district court crossed it."

Harris Leading First White House Office of Gun Violence Prevention

Posted by Mary Chastain on September 22, 2023 52 Comments

Look! We're "doing" something!

https://twitter.com/Julio_Rosas11/status/1346894172574404613

Florida Federal Court Throws Out 14th Amendment Challenge to Trump Appearing On Ballot

Posted by William A. Jacobson on September 03, 2023 52 Comments

Judge finds "no standing" to sue. Are the attempts to get judicial decisions keeping Trump off the ballot over? Of course not, but this is another sign that such attempts are likely to be unsuccessful. Hence the urging for state and local election officials to go rogue on their own, which of course then would be the subject of more lawsuits.

Michigan Court: University Firearms Ban ‘Consistent With the Second Amendment’

Posted by Terrance Kible on July 25, 2023 44 Comments

The court held universities are 'sensitive places' where firearms restrictions were historically permissible and outside the scope of the Second Amendment.

Supreme Court: Harvard and UNC Affirmative Action “invalidated under the Equal Protection Clause of the Fourteenth Amendment”

Posted by William A. Jacobson on June 29, 2023 91 Comments

Chief Justice Roberts for the 6-3 majority: "The race-based admissions systems that respondents employ also fail to comply with the twin commands of the Equal Protection Clause that race may never be used as a “negative” and that it may not operate as a stereotype" and a "student must be treated based on his or her experiences as an individual—not on the basis of race."

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