Anti-discrimination statutes protect against "deliberate indifference" to conditions establishing a hostile environment of antisemitic violence and harassment.
But those statutes cannot be used to censor legitimate speech...more
In an important development in the Trump Administration's campaign to extinguish DEI practices from the private sector, the U.S. Court of Appeals for the 4th Circuit has stayed the district court's preliminary injunction in...more
On Friday, the U.S. District Court for the District of Maryland issued a preliminary injunction against several provisions of two executive orders signed by President Trump that sought to dismantle diversity, equity, and...more
2/28/2025
/ Affirmative Action ,
Civil Rights Act ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Enforcement ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
First Amendment ,
Free Speech ,
Preliminary Injunctions
The Supreme Court's landmark decision in 303 Creative v. Elenis, No. 21-0576 (U.S. June 30, 2023) held that Colorado cannot force a website designer to create an expressive message antithetical to her beliefs. In so ruling,...more
The future appears bright (or at least brighter) for the Supreme Court's seminal decision New York Times v. Sullivan, 376 U.S. 254 (1964), after six Justices endorsed its core principles in a recent decision involving the...more
7/7/2023
/ Actual Malice ,
Counterman v Colorado ,
Criminal Liability ,
Cyber-Stalking ,
Dissenting Opinions ,
First Amendment ,
Harassment ,
Mental Health ,
New York Times v Sullivan ,
Rogers Test ,
SCOTUS
Twitter v. Taamneh and Google v. Gonzalez rulings address Section 230 of the Communications Decency Act -
The Supreme Court ruled in two long-awaited cases on May 18, handing twin victories to online services. These...more
A series of recent and dramatic developments have squarely raised the question of how much latitude the government has under the First Amendment to regulate social media platforms. It will likely not be long before this issue...more