Freedom of Expression

Amicus, Freedom of Expression, Voting and Elections Rights

In Their Own Words – Campaign Finance and Corruption

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According to the Roberts Court, the only form of “corruption” that the Government has a legitimate interest in seeking to prevent through campaign finance regulation is quid pro quo corruption, i.e. the trading of cash for votes. By limiting the “corruption” interest in this way, the Roberts Court has thus been able to argue that any threat of undue influence can be satisfactorily addressed through caps on individual donations to candidates. As a result, the “corruption” interest appeared to have lost most, if not all, of its critical force after Citizens United.

Amicus, Freedom of Expression, Reproductive Rights

S.D.N.Y. Enjoins “Crisis Pregnancy Center” Disclosure Law Under First Amendment

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To combat deceptive practices, a New York City law required pregnancy services centers to disclose certain information: Medical provider on staff? Referrals for abortions and emergency contraception? And lastly, the “New York City Department of Health and Mental Hygiene encourages women who are or may be pregnant to consult with a licensed medical provider.” The court found that the centers’ religiously motivated services could not be “commercial speech.” The court then found that the law was likely to crumble under strict scrutiny for “compel[ling] [the centers] to speak certain messages” and failing to meet the First Amendment’s narrow tailoring requirement for burdens on speech.

Amicus, Courts & Judicial Interpretation, Freedom of Expression

[Breaking News] Today's SCOTUS Decisions on Free Speech

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The Supreme Court today struck down two state laws concerning free speech. In Arizona Free Enterprise Club PAC v. Bennett, Chief Justice Roberts, representing the usual 5-4 split, delivered an opinion striking down Arizona’s Clean Elections Act granting matching funds to publicly financed candidates triggered by spending by privately financed candidates and outside groups. In EMA v. Brown, Scalia delivers the opinion of a seven Justice majority striking down California’s ban on the sale of violent video games to children. More analysis to come.

Amicus, Education & Youth, Freedom of Expression

Kids, Sex, and Free Speech

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Kids will be kids, but ‘sexting’ may lead to federal child pornography charges and sex offender registration for the nation’s youth. ‘Sexting’ is a growing phenomenon among adolescents: equipped with cell phones and teenage dreams, adolescents ‘sext’ when they take nude or semi-nude photographs and text or email them to friends or significant others.

Amicus, Courts & Judicial Interpretation, Freedom of Expression

8 Justices Agree Constitution Protects Free Speech

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Whether you believe the Constitution is a living document, or whether you believe the Constitution is rigid and should only be interpreted according the expressed intent of the framers, we can all agree that the Constitution protects free speech (except apparently Samuel Alito). The Supreme Court sent a resounding message this week when it upheld the right of the Westboro Baptist Church to speak in the most offensive possible voice at the most sensitive of times, at military funerals.

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