By: Margaret Potter, Staff Writer On February 19, 2019, Justice Clarence Thomas wrote a concurring opinion in McKee v. Cosby in which he urged the Supreme Court to reconsider its seminal decision in New York Times v. Sullivan.[1] In McKee v. Cosby, actress Katherine McKee sued comedian Bill Cosby, whom […]
Post Tagged with: "First Amendment"
First Amendment Rights vs. Hate Speech: Where Should We Draw the Line?
By: Guilia Schaub, Staff Writer The entire world was horrifically shocked on Saturday, October 27, 2018, when Richard Bowers opened fire in the Tree of Life Synagogue during Shabbat services and brutally murdered eleven people. [1]It was even further sickened by the attack when news sources confirmed Bowers’ actions […]
The Trump/Clifford Non-Disclosure Agreement: Violation of Public Policy and the First Amendment
By Wilson R. Huhn,* Professor of Law Introduction On Oct. 28, 2016, 11 days before the 2016 presidential election, Stephanie Clifford signed a non-disclosure agreement pursuant to which Ms. Clifford was paid $130,000 in exchange for her promise not to disclose any information about her alleged affair with Donald Trump.[1] […]
Attack on Public Sector Unions Positions First Amendment Against Workers
By Katherine Enright One case pending before the Supreme Court of the United States this term has the potential to disrupt the functioning of unions all around the country. On September 28, 2017, the Court granted certiorari in the matter of Janus v. American Federation of State, County, and Municipal […]
PA Supreme Court Hears Oral Arguments on Whether Rap Lyrics Can Be Considered Terroristic Threats
By Amy Kerlin, Staff Writer Are rap lyrics protected by the First Amendment? Can limitations be placed on artistic expressions? On Tuesday, November 28, 2017, the Pennsylvania Supreme Court heard oral arguments regarding the extent of free speech protection of lyrics in a rap song. In 2014, two Pittsburgh area […]
Summer SCOTUS Roundup: Playgrounds and Free Exercise in Trinity Lutheran Church of Columbia, Inc. v. Comer
By Kyle Steenland, Associate Editor Good news for religious organizations hoping to utilize state offered grants and subsidies; not so good news for those opposed to the potential of taxpayer dollars going to religious institutions. A recent Supreme Court decision, with seven justices for and two against, ruled that […]
Summer SCOTUS Roundup: First Amendment, Sex Offenders, and Social Media in Packingham v. North Carolina
By Karissa Murphy, Executive Editor In 2002, Lester Packingham, a 21-year-old college student, became a registered sex offender after pleading guilty to taking indecent liberties with a child — having sex with a 13-year-old girl.[1] In 2010, Packingham logged onto his personal Facebook account and posted a statement celebrating […]
Privacy Rights and Home Devices: When is There a Reasonable Expectation of Privacy?
By Katherine Littlejohn, Staff Writer It is not uncommon for our generation to have technological devices that include features such as Siri, Amazon Echo, and Google Home. In fact, it is actually very common. With the growth of our handheld technology, however, how far is too far when it […]
The New Protest
By Amber McGee, Staff Writer With several polarizing issues making headlines today, there seem to be protests everywhere. The right to free speech is something so central to what it means to be an American that, often, groups seeking to exercise it do not fully understand that there are limitations […]
How ‘Hamilton’ Cast’s Message to Mike Pence Could Have Faced Punishment Despite First Amendment
By Nick Frost, Staff Writer When Vice President-elect Mike Pence attended the hit Broadway musical “Hamilton” on Nov. 18, 2016, he was delivered a message from actor Brandon Victor Dixon, who plays the role of Vice President Aaron Burr: “Vice President-elect Pence, we welcome you and we truly thank […]
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