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First Amendment › Free Speech › Religious Beliefs

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
FordHarrison

New Law Alert! Illinois Freedom of Speech Act and Limitations on Union (and Other Meetings)

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Real World Impact: The newly enacted Illinois Freedom of Speech Act prohibits employers in Illinois from requiring employees to participate in employer-sponsored meetings if the meeting is designed to communicate an...more

Roetzel & Andress

Federal Judge Temporarily Prevents New Title IX Regulations From Taking Effect in Ohio

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On June 17, 2024, a United States District Court judge in Kentucky issued a preliminary injunction preventing the 2024 Title IX regulations from going into effect in several states, including Ohio. The 2024 regulations are...more

Roetzel & Andress

Is the After School Satan Club Coming to Your School District?

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The decision of the U.S. District Court for the Eastern District of Pennsylvania in Satanic Temple, Inc. v. Saucon Valley School District, ___ F.Supp.3d ___, 2023 WL 3182934, 2023 U.S. Dist. LEXIS 75001 (May 1, 2023) is a...more

Parker Poe Adams & Bernstein LLP

EEOC Reminds Employers of Limits on Workplace Proselytizing

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The U.S. Supreme Court recently held that the First Amendment’s guarantee of free speech protects a business from antidiscrimination laws when that company acts in accordance with its owner’s professed beliefs. ...more

Constangy, Brooks, Smith & Prophete, LLP

2.6 million reasons to keep the 303 Creative holding in perspective

Constangy, Brooks, Smith & Prophete, LLP on

On July 16, Time (the publisher I once knew as Time Magazine) posted an article titled “The Implications of the Supreme Court’s 303 Creative Decision Are Already Being Felt.” The article says that in the first few days after...more

Saiber LLC

New Jersey Issues Guidance on Discrimination Law Following Supreme Court’s Decision on LGBTQ+ Rights

Saiber LLC on

The New Jersey Division of Civil Rights (DCR) recently issued guidance on how the DCR will enforce the New Jersey Law Against Discrimination following the U.S. Supreme Court’s decision in 303 Creative LLC v. Elenis....more

Foley & Lardner LLP

Employers Beware: The Potential Employment-Related Impacts of 303 Creative LLC v. Elenis

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On the final day of the 2022-23 term, the U.S. Supreme Court issued its decision in 303 Creative LLC v. Elenis. In its decision, the Supreme Court held that forcing a single-member company to design websites for weddings of...more

Davis Wright Tremaine LLP

303 Creative Ruling Sets and Reaffirms Key Precedents for Online Service Providers

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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

Miller Nash LLP

Supreme Court Rules Website Designer’s Right to Free Expression Outweighs Duty Not to Discriminate in Providing Certain...

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Digesting the multiple decisions from the U.S. Supreme Court is going to take time and Miller Nash’s labor & employment team will provide more substantial insight in due course. In the meantime, however, we wanted to provide...more

Littler

Express Yourself – Supreme Court Rules that Businesses May Deny “Expressive Services” to the Public Based on Their Owner’s Beliefs

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On June 30, 2023, the Supreme Court issued its decision in 303 Creative, LLC v. Elenis.  In a 6-3 opinion authored by Justice Gorsuch, a divided Supreme Court held that the First Amendment’s free speech protection bars...more

Epstein Becker & Green

Divided Court Gives Primacy to Freedom of Religion, Invokes “Major Questions Doctrine” to Overturn Student Loan Forgiveness...

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June 30th is the nominal last day of the Supreme Court’s current term. The Court began the day with the long-awaited decision in 303 Creative LLC v. Elenis, another 6-3 jurisprudentially ideological split in which, per...more

Fisher Phillips

Disciplining Faculty in a Public Higher Education Setting: Growing Number of Jurisdictions Recognize “Academic Exception”

Fisher Phillips on

Can a public university discipline a professor for refusing to address a student by the student’s preferred pronoun? If so, can the professor defend his conduct by alleging his religious beliefs prohibit him from recognizing...more

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