First Amendment

In 1969 in Tinker v. Des Moines Independent Community School District, the U.S. Supreme Court held that school officials may discipline students who engage in speech that would materially and substantially disrupt the work and discipline of the school. In Mahanoy Area School District v. B.L., the Supreme Court will...

In Americans for Prosperity v. Becerra and Thomas More Law Center v. Becerra the petitioners claim that a California law requiring them to submit to the California Attorney General their IRS Form 990 Schedule B, which lists their largest donors, violates the First Amendment. California law requires the Attorney General to...

In Danville Christian Academy v. Beshear the U.S. Supreme Court allowed a Sixth Circuit decision to remain in place which upheld Kentucky Governor Andy Beshear’s executive order closing all K-12 schools, including religious schools, from November 18 until January 4 due to the COVID-19 pandemic.

The governor’s “school” executive order temporarily closed all elementary, middle, and high schools but allowed preschools, colleges, and...

The U.S. Supreme Court sent two cases involving limits on religious service attendance back to lower courts to reconsider in light of Roman Catholic Diocese of Brooklyn, New York v. Cuomo. In that case the Court ruled 5-4 that New York’s limits on attending religious services to 10 or 25 people while grocery stores, banks, and laundromats, etc. could admit as many people as the liked, likely violated the First Amendment. Prior to the New York case the...

In Carney v. Adams the Supreme Court held unanimously that James Adams lacked standing to challenge a Delaware constitutional provision that requires that appointments to Delaware’s major courts reflect a partisan balance.

Delaware’s Constitution states that no more than a bare majority of members of any of its five major courts may belong to any one political party. It also requires, with respect to three of those courts, that the remaining...

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