Topic
Every decision we've filed under First Amendment - Speech.
The Eighth Circuit reversed the district court's dismissal of constitutional challenges to Kansas City and Jackson County ordinances regulating conversion therapy. The court remanded the case for reconsideration in light of the Supreme Court's recent decision in Chiles versus Salazar.
The Ninth Circuit affirmed a district court order granting a special motion to strike under California's anti-SLAPP statute. The panel held that the defendant's conduct was protected speech and that the plaintiff failed to state a plausible claim of unlawful action.
The United States Court of Appeals for the Tenth Circuit remanded this case to the District Court for further proceedings consistent with the Supreme Court's recent judgment. The Supreme Court previously determined that the Colorado statute regulating conversion therapy regulates speech in a viewpoint-discriminatory manner subject to strict scrutiny.
The Fifth Circuit denied the petition for rehearing en banc in Jamaion Wilson's machinegun possession case, leaving the panel's conviction intact. While nine judges acknowledged that existing circuit precedent may conflict with the Second Amendment, they ruled that the specific arguments raised in this appeal were procedurally insufficient to warrant a full court review.
The Fifth Circuit reversed the district court's grant of summary judgment for protest organizer DeRay Mckesson, holding that sufficient evidence exists for a jury to determine if his negligence in leading a violent protest proximately caused injuries to Officer John Ford. The court emphasized that after eight years of litigation, the case must proceed to trial to resolve factual disputes regarding Mckesson's leadership role and the foreseeability of the violence.
The Ninth Circuit affirmed the denial of a preliminary injunction against Seattle's App-Based Worker Deactivation Rights Ordinance. The panel held that the law regulates nonexpressive conduct and, even if viewed as commercial speech, satisfies constitutional scrutiny.
The Ninth Circuit affirmed the denial of a preliminary injunction against Seattle's App-Based Worker Deactivation Rights Ordinance. The court held that the ordinance regulates nonexpressive conduct and, even if it regulated speech, it would satisfy the applicable First Amendment scrutiny.
The Eleventh Circuit held that Clearwater's five-foot vehicular safety zone buffer around an abortion clinic likely violated the First Amendment under the Supreme Court's ruling in McCullen v. Coakley. The court found the district court abused its discretion in denying a preliminary injunction because the ordinance was not narrowly tailored to serve the city's safety interests.
The Second Circuit held that New York's ban on physically displaying ivory for sale constitutes a content-based restriction on commercial speech subject to strict scrutiny. The court found the state failed to prove the ban was narrowly tailored, as less restrictive alternatives were available to prevent illegal sales.