46-11 Distant Horizon v. Hullwurd44 DownloadsYear: 2022 (Vol. 46) Topic(s): Constitutional Law Question(s) presented: (1) Whether strict scrutiny applies to bans on sexual orientation change efforts (“SOCE”) and gender identity change efforts (“GICE”) under the First Amendment. (2) Whether SOCE and GICE bans withstand the respective level of First Amendment judicial scrutiny. Format: Word and Read more about 46-11 Distant Horizon v. Hullwurd[…]
46-01 Wolfgang v. Brunhilde141 DownloadsYear: 2022 (Vol. 46) Topic(s): Constitutional Law Questions presented: (1) Whether a public university professor’s choice of pronouns in the classroom is protected speech. (2) Whether paid administrative leave is an adverse employment action for the purposes of a First Amendment retaliation claim. Format: Word and PDF Prepared by: Freddy Levenson
46-12 Zuniga v. God’s Grace85 DownloadsYear: 2022 (Vol. 46) Topic(s): Civil Rights, Employment Law, First Amendment Question(s) presented: Constitutional Law, Civil Rights, Employment Law, First Amendment (1) Whether the ministerial exception creates a categorical bar to Title VII hostile work environment claims brought against a religious organization by a ministerial employee. (2) If the ministerial Read more about 46-12 Zuniga v. God’s Grace[…]
Dragontown University v. Peter Foster340 DownloadsYear: 2017 (Vol. 41) Topics: First Amendment; Fourteenth Amendment Questions presented: (1) By issuing the press release, did Dragontown University infringe Dr. Foster’s liberty interest in his reputation under the Fourteenth Amendment? (2) By firing Dr. Foster for statements made on his blog, did Dragontown University violate Dr. Foster’s free speech rights under Read more about Dragontown University v. Peter Foster[…]
City of Perpetual Silence v. Colonel Loud and Jack Ripoff150 DownloadsYear: 2016 (Vol. 40) Topics: First Amendment Question(s) presented: Whether government ordinances that restrict the ability of those who seek to make a living from their speech are in violation of the First Amendment. Format: Word and PDF Prepared by: Ronald Stubblefield
MyDoc v. Earhartington Ethics Commission89 DownloadsYear: 2016 (Vol. 40) Topics: Constitutional Law, First Amendment Question(s) presented: (1) Whether Plaintiff–Appellant has a justiciable claim in federal court. (2) Whether Section 47 of the Earhartington Ethical Lobbying Act (“ELA”) is facially unconstitutional under the First Amendment, or whether Section 47 is unconstitutional under the First Amendment as applied to myDoc, Inc. Format: Word and PDF Prepared Read more about MyDoc v. Earhartington Ethics Commission[…]
Charlie Utter v. State of South Lakota256 DownloadsYear: 2016 (Vol. 40) Topics: First Amendment, Criminal Procedure Question(s) presented: (1) Whether an ordinance prohibiting verbal solicitations for immediate donations of things of value within a specific geographic area violates the First Amendment right to free speech. (2) Whether an individual has a reasonable expectation of privacy in personal Read more about Charlie Utter v. State of South Lakota[…]
Bohemia v. Nicola Magnussen and Doyle Media, Inc.239 DownloadsYear: 2016 (Vol. 40) Topics: Civil Procedure, First Amendment Question(s) presented: (1) Whether the domestic relations exception to federal jurisdiction applies in federal question cases. (2) Whether false reporting by the media of the private life of a limited purpose public figure—where the private life of the plaintiff has no connection to the purpose for which they Read more about Bohemia v. Nicola Magnussen and Doyle Media, Inc.[…]
Donald Drumpf v. Faux News Corp80 DownloadsYear: 2016 (Vol. 40) Topics: Free Speech, Defamation Question(s) presented: Whether the State of Moot Anti-SLAPP Act is applicable in a federal court sitting in diversity. Format: Word and PDF Prepared by: Benjamin E. Homes
Paul v. United States59 DownloadsYear: 2015 (Vol. 39) Topics: First Amendment; Religious Entanglement; Tax Law Question presented: Whether the parsonage exemption of IRC § 107(2), which allows a “minister of the gospel” to exclude from gross income the rental allowance paid to him as part of his compensation, violates the Establishment Clause of the First Amendment. Format: Read more about Paul v. United States[…]
Wacco Tobacco Co. v. Ohiowa Tobacco Enforcement Unit50 DownloadsYear: 2014 (Vol. 38). Topic: Constitutional Law; First Amendment. Question: Whether a state regulation that requires a graphic warning on tobacco containers receives strict scrutiny, intermediate scrutiny, or rational basis review. Format: PDF.
Gilmore v. United States66 DownloadsYear: 2010 (Vol. 34). Topic: Constitutional Law; First Amendment; Fifth Amendment. Question: (1) Whether the First Amendment requires an affirmative defense of reasonable mistake of age to a charge under 18 U.S.C. § 2251(a) for production of child pornography. (2) Whether a condition of supervised release banning “any form of pornographic material” is unconstitutional, for Read more about Gilmore v. United States[…]
State v. Fogg34 DownloadsYear: 2011 (Vol. 35). Topic: Constitutional Law; Criminal Law; First Amendment; Fourteenth Amendment. Question: Whether a statute that bans the promotion and wholesale promotion of obscene devices is constitutionally valid under the First and Fourteenth Amendments. Format: PDF.
Silver v. Bloomberg84 DownloadsYear: 2014 (Vol. 38). Topic: Constitutional Law; First Amendment. Question: Whether a state police officer faces liability under 42 U.S.C. § 1983 for a violation of the First Amendment for ordering a citizen to stop filming a police encounter. Format: PDF.
Fernando v. Murano Unified Sch. Dist.69 DownloadsYear: 2010 (Vol. 34). Topic: Constitutional Law; First Amendment. Question: Whether student speech made outside the school setting may nevertheless be governed by Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (1969), and its progeny, and if so, whether application of the standards in Tinker and its progeny allow Read more about Fernando v. Murano Unified Sch. Dist.[…]