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Coronavirus/COVID-19 › First Amendment

Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms... more +
Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms helping to make sense of insurance, employment, tax, securities, M&A, risk management, and every other consideration touched by this crisis. Follow the channel for a daily email brief of the latest and best updates. less -
Kohrman Jackson & Krantz LLP

TikTok on the Chopping Block: Will the U.S. Ban the Popular Social Media App?

Kohrman Jackson & Krantz LLP on

On September 16, 2024, the U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments in the seminal case of TikTok, Inc. v. Garland, which centers around the potential ban of TikTok under the Protecting...more

Robinson+Cole Data Privacy + Security Insider

Supreme Court to Decide Federal Government’s Ability to Engage with Social Media Companies in Content Moderation

Robinson+Cole Data Privacy + Security Insider on

After previously finding that the Biden White House and the FBI likely violated First Amendment free speech protections for some users of online social media platforms, the Fifth Circuit expanded its ruling to find that the...more

Holland & Knight LLP

Religious Institutions Update: July 2023

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Supreme Court Decides Freedom of Speech Trumps Public Accommodations Law In 303 Creative LLC v. Elenis, No. 21-476 (June 30, 2023), the U.S. Supreme Court reversed 6-3 the lower courts' denial of the injunction the plaintiff...more

Troutman Pepper

Ninth Circuit Rejects Constitutional Challenge to Nevada Medical Debt Legislation; Also Finds Legislation Not Preempted by FDCPA...

Troutman Pepper on

Last week, the Ninth Circuit Court of Appeals affirmed a lower court’s denial of preliminary injunctive relief to plaintiffs challenging Nevada Senate Bill 248 (S.B. 248), which places new restrictions on the collection of...more

Dinsmore & Shohl LLP

Smucker’s Vax Mandate Stands, Federal Court of Appeals Hands Broad Win to Federal Contractors

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Private companies doing business with the federal government won a major COVID-19-related victory recently when the Sixth Circuit held in Ciraci v. J.M. Smucker’s Co. that government contractors are not subject to...more

Saiber LLC

Social Media Influencer Sues Facebook and Twitter

Saiber LLC on

In Hart v. Facebook Inc., et al., the United States District Court for the Northern District of California dismissed a social media influencer’s lawsuit against Facebook and Twitter for allegedly violating his First Amendment...more

Holland & Knight LLP

Religious Institutions Update: March 2023

Holland & Knight LLP on

Donors State Claims for Misuse of Their Funds, But Not as a Class Action - In Carrier v. Ravi Zacharias Int'l Ministries, Inc. No. 1:21-CV-3161-TWT, 2022 WL 1540206 (N.D. Ga. May 13, 2022) and Carrier v. Ravi Zacharias...more

Bradley Arant Boult Cummings LLP

Smucker’s Out of a Jam: Sixth Circuit Says Being a Federal Contractor Does Not Make You a State Actor

Bradley Arant Boult Cummings LLP on

If you take on a federal contract, does that make you a state actor? No, according to a unanimous Sixth Circuit panel in Ciraci v. J.M. Smucker Company. During World War II, the Army included Smucker’s apple butter in its...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Says Private Employers Not Subject to First Amendment Claims From Anti-Vax Workers

Parker Poe Adams & Bernstein LLP on

When a social media platform bans a celebrity or politician due to violation of its rules and standards, we frequently hear that individual complain that the action violates their First Amendment rights to free speech. Every...more

Carlton Fields

Mootness: Can a Plaintiff Dismiss a Defendant’s Appeal of An Injunction the Plaintiff No Longer Needs?

Carlton Fields on

Is the appeal of a preliminary injunction rendered moot when the prevailing plaintiff ceases the activities that originally gave rise to its need for an injunction? Not necessarily, according to the Eleventh Circuit’s...more

Allen Matkins

Federal Judge Enjoins Physician Gag Law

Allen Matkins on

Last year, the California legislature enacted statutory changes ostensibly to limit the spread of misinformation and disinformation about COVID-19 by licensed physicians.  2022 Cal. Stats. ch. 938 (AB 2098)....more

Allen Matkins

Judge Slaughter Refuses To Enjoin Physician Gag Statute

Allen Matkins on

Last year, the California legislature enacted statutory changes ostensibly to limit the spread of misinformation and disinformation about COVID-19 by licensed physicians.  2022 Cal. Stats. ch. 938 (AB 2098). Two California...more

Rumberger | Kirk

Eleventh Circuit Court of Appeals Reverses District Court Decision on Florida’s Vaccine Passport Ban

Rumberger | Kirk on

The decision is a win for the Florida governor who sought to protect Florida citizens who chose not to get vaccinated. In a 2-1 decision reversing United States District Judge Kathleen Williams’ 2021 Preliminary...more

Tucker Arensberg, P.C.

Third Circuit Upholds Preliminary Injunction in Government Employee First Amendment Masking Case

Tucker Arensberg, P.C. on

​​​​​​​On June 29, 2022, the United States Court of Appeals for the Third Circuit upheld the preliminary injunction of the United States District Court rescinding discipline placed on Port Authority employees who wore “Black...more

Fisher Phillips

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

Fisher Phillips on

Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

Carlton Fields

Top 10 First Amendment Cases of the Supreme Court Term

Carlton Fields on

The Supreme Court term that ended today once again showed the power of the First Amendment to shape American life. The court invoked the First Amendment in cases regulating social media platforms, prayer at public schools,...more

Holland & Knight LLP

Religious Institutions Update: February 2022

Holland & Knight LLP on

Religious Exemption to States' Mandatory Vaccination Statute Not Necessary In Does 1-6 v. Mills, No. 1:21-cv-00242, 2021 WL 4783626 (D. Me. Oct. 13, 2021), the court denied injunctive relief to plaintiff healthcare workers...more

Lowndes

Federal 'Vaccinate or Test' Mandate Stayed Pending Legal Challenge

Lowndes on

As anticipated, the U.S. Department of Labor’s Occupational Safety and Health Administration’s  (OSHA) “vaccinate” or “test and mask” rule for large private employers, issued as an emergency temporary standard (ETS), came...more

Parker Poe Adams & Bernstein LLP

Federal Appeals Court Won't Delay New York Vaccine Mandate for Health Care Workers

Parker Poe Adams & Bernstein LLP on

The Second Circuit Court of Appeals rejected a motion last week for a preliminary injunction filed by health care workers who object to a New York state COVID-19 vaccination mandate. The New York mandate contains medical...more

DirectEmployers Association

OFCCP Week In Review: November 2021

DirectEmployers Association on

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Jackson Lewis P.C.

University Policy Mandating COVID-19 Vaccines for Student-Athletes Blocked by Sixth Circuit

Jackson Lewis P.C. on

As vaccination mandates continue to be a topic of discussion and discord in the workplace, the world of college athletics is not exempt from similar mandatory vaccine controversy. The First Amendment rights of 16...more

Husch Blackwell LLP

Legal Considerations for Religious Leaders Faced with Religious Exemption Requests

Husch Blackwell LLP on

Husch highlights- •In the context of vaccine mandates and religious exemption requests, religious employers and faith leaders continue to receive religious exemption requests relating to vaccine mandates or requests to...more

ArentFox Schiff

US District Court Grants TRO Barring New York From Excluding Religious Exemptions For COVID-19 Vaccine Mandate

ArentFox Schiff on

On September 14, 2021, District Court Judge David N. Hurd of the Northern District of New York granted a temporary restraining order (TRO) barring the New York State Department of Health (DOH) from enforcing the vaccine...more

Stokes Wagner

State of Florida Continues to Challenge COVID-19 Vaccine Requirements

Stokes Wagner on

Florida Governor Rick DeSantis has issued a statement that the State of Florida will appeal a recent preliminary injunction granted by US District Judge Kathleen Williams blocking the State from enforcing a recent law banning...more

Tucker Arensberg, P.C.

The CDC’s Eviction Moratorium Challenged Again, But Is It Different This Time?

Tucker Arensberg, P.C. on

As I explained in greater detail here, on May 5, 2021, the United States District Court for the District of Columbia determined in Alabama Association of Realtors, et al. v. United States Department of Health and Human...more

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