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Social Media Posts by Government Officials: Traps for the Unwary After Lindke v. Freed

Everyone on social media at some point has to figure out how they’re going to use it. Will their account be public?  Will they post information about family? Current events? Religion? Politics? If the account’s not open to...more

Not Reading the Signs: Supreme Court Examines Outdoor Signs (Again)

The US Supreme Court decided City of Austin v. Reagan National Advertising of Austin yesterday. The case got the Court back into deciding what kinds of outdoor signs can be regulated. You might think that driving down the...more

Supreme Court to Politicians: Toughen Up, Buttercup!

What do you suppose the Supreme Court might tell a politician who filed a lawsuit complaining that other politicians said mean things about him? You might think the Court would say, “Toughen up, Buttercup!” Well, yesterday,...more

The One Fingered Salute: It's Rude, But It's Not Probable Cause To Arrest

Officer Matthew Minard of the Taylor, Michigan Police Department pulled over Debra Cruise-Gulyas for speeding. He cut her a break and cited her only for a non-moving violation. A lot of people would’ve been grateful, but...more

Supreme Court Leaves Big Partisan Gerrymandering Questions Undecided: Some Clues About What Happens Next

On Monday the Supreme Court avoided deciding, once again, when, if ever, political gerrymandering violates the Constitution. In Gill v. Whitford, the Supreme Court was presented with startling evidence that Wisconsin...more

Discriminating on the Basis of Religious Belief: Limited Lessons for Governments and Businesses from Masterpiece Cakeshop

The US Supreme Court decided yesterday what Court watchers thought might be a landmark case deciding whether the rights to free exercise of religion and free speech trumped the rights of gays and lesbians to have access to...more

Reading Tea Leaves from Arguments in Gill v. Whitford: 5 Lessons from an Election Law Revolution

In Wisconsin, legislative assembly elections are like Alice – they’re through the looking glass. After redistricting in 2011, Wisconsin Republicans lost the popular vote for legislative seats with only 49% of the votes cast....more

Sarah Palin v. The New York Times - Six Lessons for Public Figures in Defamation Cases | Sands Anderson

Former Alaska Governor Sarah Palin and the New York Times don’t much like each other. So much so that Palin sued the Times for defamation. Her claim stemmed from a Times editorial that wrongly linked her political action...more

Policing Social Media Policies

Police officers in Petersburg had a First Amendment right to post to Facebook their complaints about their police department. A department policy limiting social media postings was unconstitutional. So held the U.S. Court...more

Signs Signs, Everywhere a Sign: U.S. Supreme Court Decides Reed v. Town of Gilbert

The Supreme Court of the United States handed down today an important First Amendment case concerning governments’ ability to regulate commonly displayed informational signs.  In Reed v. Town of Gilbert,...more

Town of Greece v. Galloway: U.S. Supreme Court Clarifies Law on Legislative Prayer and the Establishment Clause

Today, the Court handed down its ruling in Town of Greece. In a sweeping ruling, the Court upheld the local government’s religious invocations in a 5-4 decision. The ruling pretty dramatically and explicitly broadens the...more

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