David L. Hudson Jr. is a law professor at Belmont who publishes widely on First Amendment topics. He is the author of a 12-lecture audio course on the First Amendment entitled Freedom of Speech: Understanding the First Amendment (Now You Know Media, 2018). He also is the author of many First Amendment books, including The First Amendment: Freedom of Speech (Thomson Reuters, 2012) and Freedom of Speech: Documents Decoded (ABC-CLIO, 2017).
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Aaron Caplan
Aaron Caplan is a First Amendment scholar who has focused on Internet free speech cases and has litigated for the ACLU. He teaches at Loyola Law School.
Ag-gag laws
Laws that seek to block animal rights activists and others from recording or otherwise documenting alleged abuses of animals or animal cruelty in the agriculture industry, often as part of undercover investigations, are referred to as ag-gag laws. Defenders of the laws contend they are necessary to protect agricultural property, business operations and privacy. Detractors […]
Agency for International Development v. Alliance for Open Society International, Inc. II(2020)
The Supreme Court in 2020 ruled that First Amendment speech protections did not apply to foreign organizations in affirming a law barring AIDS funding to organizations that refused to affirm certain beliefs in Agency for International Development v. Alliance for Open Society International, Inc. II.
Alfred Knight III
Alfred M. Knight III was a Nashville-based attorney who specialized in First Amendment and open government litigation. For much of his career, he represented The Tennessean.
Alvin Goldstein
Alvin Goldstein was an outspoken publisher of pornography and advocate of free speech who was engaged in several First Amendment battles in the courts.
American Amusement Machine Association v. Kendrick (7th Cir.) (2001)
American Amusement Machine Association v. Kendrick (7th Cir. 2001) ruled that an ordinance limiting minors' access to violent video games violated the First Amendment.
American Legion v. American Humanist Association (2019)
American Legion v. American Humanist Association (2019) ruled that a longstanding cross erected to honor slain servicemen does not violate the First Amendment.
Amy Coney Barrett
Amy Coney Barrett was appointed to the U.S. Supreme Court in October 2020 to fill a vacancy after Justice Ruth Bader Ginsberg died. Still new to the court, it will take more cases to fully examine her record on First Amendment law.
Anderson v. City of Hermosa Beach (9th Circuit) (2010)
Anderson v. City of Hermosa Beach (9th Cir. 2010) struck down a city’s ban on tattoo parlors. The court ruled that tattooing was a form of free speech under the First Amendment.
Anthony Lewis
Anthony Lewis was a Pulitzer Prize-winning journalist who covered the Supreme Court for the New York Times and authored several First Amendment books.
Archdiocese of Washington. v. Wash. Metro. Area Transit Authority (2020)
The U.S. Supreme Court refused to hear an appeal of a case in which the Washington Metro Transit Authority refused to allow an ad from the Catholic Archdiocese on its bus because it contained religious content. However, Justice Neil Gorsuch wrote a statement that refusing the religious ad amounted to viewpoint discrimination.
Arizona Christian School Tuition Organization v. Winn (2011)
Arizona Christian School Tuition Organization v. Winn (2011) denied standing to a group of taxpayers who raised a First Amendment objection to a system of tax credits.
Arthur Goldberg
Supreme Court Justice Arthur Goldberg was a consistent vote for the protection of First Amendment freedoms, including in the landmark case New York Times Co. v. Sullivan.
Arthur Kinoy
Arthur Kinoy was a well-known civil liberties attorney, who tirelessly advocated for liberal causes. He argued a few First Amendment cases before the Supreme Court.
As-applied Challenges
In as-applied challenges in First Amendment cases, litigants contend that a law or regulation is unconstitutional as applied to their expressive activities.
Attorney Advertising
Bar regulators attempt to protect the public from misleading attorney ads while ensuring that attorneys retain a measure of First Amendment free expression protection.
Attorney Speech
Lawyers do not forfeit all of their free-speech rights as members of a profession, but their speech rights are limited in many ways. Rules of professional conduct adopted by the supreme courts in each state, for example, prohibit lawyers from making false statements about judges, writing legal papers that are deemed “frivolous,” engaging in speech that disrupts the tribunal or engaging in direct, face-to-face solicitation of prospective clients, with a few exceptions.
Avis Rent-a-Car System v. Aguilar (2000)
Avis Rent-a-Car System v. Aguilar (2000) dealt with derogatory remarks in the workplace. A justice said the speech in question was protected by the First Amendment.
Barr v. American Association of Political Consultants (2020)
The Supreme Court on July 6, 2020, struck down a provision in a robocall law that allowed government to use robocalls to collect debt, saying it was an impermissible speech discrimination under the First Amendment. The Court in Barr v. American Association of Political Consultants found the rule a content-based exception.
Barrett v. Rosenthal (Cal. S. Ct.) (2006)
Barrett v. Rosenthal (Cal. 2006) ruled that Section 230 of the Communications Decency Act gives those who republish defamatory comments online broad immunity from defamation suits.
Bates v. State Bar of Arizona (1977)
Bates v. State Bar of Arizona (1977) held that attorney advertising was a form of commercial speech protected by the First Amendment, similar to pharmacy advertising.
Beard v. Banks (2006)
Beard v. Banks (2006) upheld, against a First Amendment challenge, prison restrictions on inmates’ reading materials, reinforcing the Court's deference to prison officials.
Behind the Green Door
Behind the Green Door (1972) was the first hard-core pornographic movie widely distributed in the U.S. It led to numerous obscenity prosecutions, particularly in the South.
Beilan v. Board of Education (1958)
Beilan v. Board of Education (1958) glossed over First Amendment concerns and upheld a teacher's dismissal for refusing to answer questions about membership in a communist group.
Bell v. Itawamba County School Board (5th Cir.)(2015)
In Bell v. Itawamba County School Board (2012), the court ruled that school officials did not violate the First Amendment by punishing a student for posting a rap song criticizing two football coaches.
Berisha v. Lawson (2021)
Justices Clarence Thomas and Neil Gorsuch dissented in a July 2021 Supreme Court denial to review a defamation case against "War Dogs" author Guy Lawson, saying the actual malice standard needed to be revisited.
Bethel School District No. 403 v. Fraser (1986)
In Bethel School District No. 403 v. Fraser (1986), an important First Amendment precedent, the Supreme Court said public school officials can prohibit offensive student speech.
Bible Believers v. Wayne County (6th Cir.) (2015)
Bible Believers v. Wayne County (2015) ruled that officials violated First Amendment rights of a Christian group when they were removed from a festival due to a hostile audience.
Bigelow v. Virginia (1975)
Bigelow v. Virginia (1975) involved an ad printed for an abortion clinic and established that at least some commercial advertising should receive First Amendment protection.
Blogging
Blogging implicates many First Amendment issues. These include whether bloggers are protected by shield laws, anonymous defamatory messages, and campaign-finance matters.
Bond v. Floyd (1966)
Bond v. Floyd (1966) held that legislators do not forfeit their right to speak on public issues, reaffirming that the First Amendment protects controversial political speech.
Borgner v. Florida Board of Dentistry (2002)
The Court in Borgner v. Florida Board of Dentistry (2002) declined to review a ruling upholding a law requiring dentists to include disclaimers in ads for unrecognized specialties.
Brett Kavanaugh
Supreme Court Justice Brett Kavanaugh, confirmed in 2018, authored many First Amendment decisions while on the U.S. Court of Appeals for the D.C. Circuit. Among the issues in his opinions are protest rights, defamation, campaign finance and freedom of speech and press.
Brown v. Entertainment Merchants Association (2011)
Brown v. Entertainment Merchants Association (2011) ruled that a state law prohibiting sale of violent video games to minors violated the First Amendment.
Buehrle v. City of Key West (11th Cir.)(2015)
Buehrle v. City of Key West (11th Cir. 2015) said a city couldn't ban new tattoo parlors in its historic district without running afoul of the First Amendment.
Bumper Stickers
Courts have ruled that the First Amendment protects bumper stickers even when they are profane. This protection is less certain for public employees and military personnel.
Burnside v. Byars (5th Cir.) (1966)
Burnside v. Byars (5th Cir. 1966) protected students’ First Amendment rights on school grounds. The decision served as a key precedent for Tinker v. Des Moines (1969).
C. Edwin Baker
C. Edwin Baker was a leading First Amendment scholar who wrote Human Liberty and Freedom of Speech. He described the liberty model justification for freedom of expression.
Central Hudson Test
The Supreme Court developed the Central Hudson test for determining when government could limit commercial speech without violating the First Amendment.
Chandler v. McMinnville School District (9th Cir.) (1992)
Chandler v. McMinnville School District (9th Cir. 1992) decided that restrictions on student speech should be evaluated in one of three categories to determine constitutionality.
Citizens United v. Federal Election Commission (2010)
In a landmark 2010 decision, a divided Supreme Court used the First Amendment to invalidate a campaign regulation that banned corporate and union spending in political elections.
City of Dallas v. Stanglin (1989)
City of Dallas v. Stanglin (1989) said that social dancing is not an expressive association protected by the First Amendment when upholding age limits on teen dance halls.
City of Houston v. Hill (1987)
City of Houston v. Hill (1987) found that a Houston ordinance prohibiting verbal abuse of police officers to a criminalization of First Amendment protected speech.
City of Los Angeles v. Alameda Books (2002)
City of Los Angeles v. Alameda Books (2002) ruled that cities could rely on studies showing the crime impact of adult businesses to zone them without violating the First Amendment.
City of San Diego v. Roe (2005)
City of San Diego v. Roe (2005) refined the “public concern” test when determining whether a government employee could be fired for their speech or expression.
Civil Rights Movement
The expressive actions and protests during the Civil Rights era led to considerable growth in First Amendment court precedents, including areas of association and libel.
Clarence Thomas
Justice Clarence Thomas has surprised observers with his independent vision on First Amendment issues, including questioning interpretations of the establishment clause.
Clay Calvert
Clay Calvert is a First Amendment scholar who has authored First Amendment law articles on topics including broadcast indecency and recording of police activities.
Coates v. City of Cincinnati (1971)
Coates v. City of Cincinnati (1971) said an ordinance making it a crime for three or more to gather in public and engage in “annoying conduct" violated the First Amendment.
Cohen v. California (1971)
In Cohen v. California (1971) established that criminalizing the display of profane words in public places — in this case on a jacket —violates the First Amendment.