Tag: First Amendment
Sunshine Is Still the Best Disinfectant: How the Cornell First Amendment Clinic and the New York Times Fought to Access COVID-19 Demographic Data
(Source) As the coronavirus pandemic began to sweep through the United States in the spring of 2020, outbreaks in cities with significant Black and Latino communities led some to question whether communities of color might be at a heightened risk of both infection and death from COVID-19. As the Congressional Black Caucus (CBC) stated in…
18 Sep 2020
Violations Without Vindication: How the Supreme Court’s Decision in Nieves v. Bartlett Permits Retaliatory Arrests and Threatens to Undermine the Fight For Racial Equality
(Source) In May 2019, the Supreme Court handed down its decisions in Nieves v. Bartlett. For the most part, the decision flew under the radar, garnering little media attention (with some exceptions). However, this seemingly innocuous Supreme Court decision now threatens to undermine what has been described as “a defining moment in the future of…
7 Aug 2020
Today’s Media Landscape: Legal Protections For The Press From Arrest and Police Violence
(Source) Journalism is often referred to as the Fourth Estate because of the central role it plays in the political system. From the beginning of the United States, the importance of a free press has been recognized and given special consideration. From Thomas Jefferson’s famous words: “[W]ere it left to me to decide whether we…
15 Jun 2020
Keeping I.C.E. Safe in a Privately-Owned Freezer: Using Trespass Law to Circumvent First Amendment Protest Protections
The First Amendment protects the ability to engage in free speech, including protest, in public forums, government owned spaces like parks and sidewalks, provided that protesters do not interfere with movement or block access. In order to limit speech that takes place in such a manner, the government must narrowly tailor their restrictions on speech…
22 Dec 2018
Guise of Belief: Acquiring Religious Accommodations with an Invented Religion and a Veil of Religious Sincerity
Is there any way for a jury or judge to see past a sufficiently sophisticated farce? For now, we’ll have to hope that invented religions stick to humor and forgo genuine dedication to acquiring religious accommodations through an elaborate ruse.
25 Sep 2018
States Push Back Against Peaceful Protests (Part One)
In the wake of President Trump’s executive order banning immigration from seven Muslim-majority countries, millions of protestors took to the streets across the country to voice their concerns and grievances involving Trump’s immigration stance. While Muslims and Muslim support groups are encouraged by and grateful for the support provided by protestors across the country, Republican…
28 Mar 2017
How the Law Sees Kaepernick’s Protest
By Lee Henderson Colin Kaepernick’s decision to take a knee during the playing of the Star-Spangled Banner has sparked much conversation about the customs and legal rules expected during the National Anthem. While some take offense to the issues the back-up quarterback is kneeling for, most critics are offended by what they perceive as a…
14 Nov 2016
The Internet Home of the Cowards
JLPP’s Senior Blog Editor Suzy Marinkovich looks at the heated debate on online anonymity.
30 Oct 2012
The “Right to Record” becomes “The Right to Remain Silent”
Can your cell phone get you 15 years in prison? In some states, if you use it to record the police, it can. Adam Kobler looks at the law behind recording the police.
10 Nov 2011