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First Amendment

Spokeo v. Robins: One Year Later - Podcast

Litigation Practice Group Podcast
Jeffrey S. Jacobson, Alan C. Raul May 18, 2017

When is an alleged injury “concrete and particularized” under Article III of the U.S. Constitution? Spokeo, a self-proclaimed “online people search” site, was sued by Thomas Robins for publishing false information about him, which he claimed damaged his employment prospects. After being dismissed by the District Court and the Ninth Circuit for failing to state an injury “in fact,” the case was appealed to the Supreme Court where, one year ago, a 6-2 decision saw the Court vacate and remand the case. Legal experts Jeffrey Jacobson and Alan Raul joined us as we discussed the lasting implications of this decision on its first anniversary.   

Featuring: 

  • Jeffrey S. Jacobson, Partner, Kelley Drye & Warren LLP
  • Alan Charles Raul, Partner, Sidley Austin LLP

Litigation Update: Exxon Investigation - Podcast

Litigation Practice Group Podcast
Ken Paxton May 10, 2017

On April 20th, eleven state Attorneys General filed a joint amicus brief in support of ExxonMobil and its request to stop an investigation into allegations of fraud and deceptive practices surrounding the relationship between fossil fuels and climate change. Texas AG Ken Paxton was joined by ten other state Attorneys General on the brief in a New York District Court. On May 9, AG Paxton joined us to share his views on the underlying investigation, whether it impinges on Exxon’s free speech protections, and the ramifications a potential lawsuit could have on the fossil fuels industry.     

Featuring:

  • Hon. Ken Paxton, Attorney General, Texas

A Nationwide Speech Code for Lawyers?

Short video featuring Eugene Volokh
Eugene Volokh May 02, 2017

Is it a violation of the first amendment for the American Bar Association to impose a nationwide speech code for lawyers? Professor Eugene Volokh of the UCLA School of Law discusses the newly proposed Rule 8.4(g) of the ABA's Model Rules of Professional Conduct, a set of anti-discrimination guidelines for lawyers that would bind lawyers to adhere to particular speech codes in the states that have adopted it.

Trinity Lutheran Church v. Pauley: Churches, Playgrounds, & the First Amendment

Short video featuring Richard Garnett
Richard W. Garnett April 12, 2017

Does the exclusion of a church-run education center from receiving state funding violate the Free Exercise and Equal Protection Clauses? Prof. Richard Garnett of the University of Notre Dame Law School explains the issues at stake in the upcoming Supreme Court Case of Trinity Lutheran Church v. Pauley. Oral argument is April 19, 2017.

Packingham v. North Carolina - Post-Argument SCOTUScast

SCOTUScast 3-30-17 featuring Ilya Shapiro
Ilya Shapiro March 30, 2017

On February 27, 2017, the Supreme Court heard oral argument in Packingham v. North Carolina. Lester Packingham was convicted in 2002 of taking “indecent liberties” with a minor in violation of North Carolina law, and sentenced to prison time followed by supervised release. In 2010, he was arrested after authorities came across a post on his Facebook profile--which he had set up using an alias--in which he thanked God for having a parking ticket dismissed. Packingham was charged with, and convicted of, violating a North Carolina law that restricted the access of convicted sex offenders to “commercial social networking” websites.
 
Packingham challenged his conviction on First Amendment grounds, arguing that the North Carolina statute unlawfully restricted his freedom of speech and association, but the Supreme Court of North Carolina ultimately rejected his claim. The website access restriction, the Court concluded, was a content-neutral, conduct-based regulation that only incidentally burdened Packingham’s speech, was narrowly tailored to serve a substantial governmental interest, and left open ample alternative channels of communication.

The question before the U.S. Supreme Court is whether, under the Court’s First Amendment precedents, a law that makes it a felony for any person on the state's registry of former sex offenders to “access” a website that enables communication, expression, and the exchange of information among users--if the site is “know[n]” to allow minors to have accounts--is permissible on its face and as applied to Packingham.

To discuss the case, we have Ilya Shapiro, who is Senior Fellow in Constitutional Studies at the Cato Institute.