First Amendment

In Idaho to get a citizen’s initiative on the ballot, petitioners must obtain signatures from six percent of electors by April 30. Reclaim Idaho asked to be temporarily allowed to gather signatures online due to COVID-19. It sued after state government officials informed it that Idaho statutes don’t allow electronic signatures for petitions and the governor didn’t intend to take executive action.

As the Supreme Court explained, “[t]he District Court in...

In Calvary Chapel Dayton Valley v. Sisolak the Supreme Court allowed the Nevada governor’s COVID-19 restrictions on the number of people who may attend religious services to stand.

The lower courts refused to grant the church an injunction in this case so they...

The question the Supreme Court will decided in Uzuegbunam v. Preczewski is whether the government changing a policy after a lawsuit has been filed renders the case moot if the plaintiff has only asked for nominal damages.

Georgia Gwinnett College students Chike Uzuegbunam and Joseph Bradford sued the college over its Freedom of Expression policy, which only allowed students to engage in expressive activities in two designated areas after getting a...

Without explanation, without referring the matter to the entire Court, and without calling for a response, Justice Kavanaugh denied a request for an emergency injunction to strike down Illinois Governor Pritzker’s executive order limiting gatherings to 50 people while exempting religious gathering.

Likely Justice Kavanaugh refused to grant the injunction because the standard is high. The Supreme Court only grants...

In fact, Justice Kavanaugh (fairly) describes Justice Breyer as arguing in favor of overruling Reed v. Town of Gilbert (2015).  

In Barr v. American Association of Political Consultants the Supreme Court held 6-3 that the Telephone Consumer Protection Act’s (TCPA) debt-collection exception was content-based, failed strict scrutiny, and therefore violated the First Amendment.

The State and Local Legal Center filed an ...

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