U.S. District Judge Thomas L. Parker, who was appointed to the Western District of Tennessee bench by President Donald J. Trump, issued a ruling on June 2 holding that Tennessee’s recently adopted “Adult Entertainment Act” (AEA), which was intended to restrict drag shows, violates the First Amendment. Judge Parker previously issued a temporary restraining order (TRO) in March to stop the law from going into effect before he could rule on the merits of the … <Read More>
First Amendment
Ninth Circuit Denies En Banc Rehearing in Washington Conversion Therapy Case, Setting Up Possible Supreme Court Review
On January 23, the U.S. Court of Appeals for the 9th Circuit announced denial of rehearing en banc in Tingley v. Ferguson, 47 F. 4th 1055 (9th Cir., September 6, 2022), in which a three judge panel, following 9th Circuit precedent in Pickup v. Brown, 740 F.3d 1208 (9th Cir. 2014), rejected a First Amendment free speech challenge to Washington’s statute prohibiting licensed health care providers from performing … <Read More>
Federal Appeals Court Rules Laws Against Conversion Therapy Using Solely Speech Violate the First Amendment
A three-judge panel of the Atlanta-based U.S. Court of Appeals for the 11th Circuit ruled on November 20 in Otto v. City of Boca Raton, 2020 U.S. App. LEXIS 36589, 2020 WL 6813994, that laws enacted by Boca Raton and Palm Beach County, Florida, prohibiting licensed therapists from performing conversion therapy on minors, violate the therapists’ rights to freedom of speech under the First Amendment. The panel voted 2-1. Two judges appointed by Donald … <Read More>
Impatient Christians File Suit Against EEOC’s Interpretation of Title VII and Seek Exemption from Recognizing Same-Sex Marriages
The U.S. Pastor Council (on behalf of itself and others similarly situated), and Braidwood Management, Inc., a business claiming to have religious objections concerning the employment of LGBTQ people (on behalf of itself and others similarly situated), have jointly filed suit in the U.S. District Court for the Northern District of Texas (Fort Worth Division), seeking a declaratory judgment that the Equal Employment Opportunity Commission’s interpretation of Title VII to protect LGBTQ people from employment … <Read More>
Texas Appeals Court Denies Constitutional Challenge to “Online Impersonation” Statute in Manhunt.net Case
Who knew? It is potentially a crime in Texas, and apparently several other states, to pose as somebody else on social media sites like Manhunt.net, and this does not violate anybody’s 1st Amendment rights, held a panel of the Texas 5th District Court of Appeals in Ex parte Bradshaw, 2016 Tex. App. LEXIS 9203, 2016 WL 4443714 (Aug. 23, 2016).
According to the opinion by Justice Robert M. Fillmore, Michael Dwain Bradshaw has been … <Read More>
7th Circuit Rules Chicago Sheriff Violated First Amendment Rights of Backpage.com by Pressuring Credit Card Companies
Cook County, Illinois, Sheriff Thomas J. Dart violated the 1st Amendment rights of Backpage.com when he sent a letter to the executives of Mastercard and Visa pressuring them to refrain from processing credit card transactions between Backpage and its advertisers, ruled the 7th Circuit on November 30 in a sweeping free speech opinion by Circuit Judge Richard Posner. Backpage.com, LLC v. Dart, 2015 U.S. App. LEXIS 20728, 2015 WL 7717221.
Wrote Posner, … <Read More>
Shirvell Strikes Out in Court of Appeals of Michigan
Andrew Shirvell, the former assistant attorney general from Michigan who was discharged for his conduct in reaction to the election of an openly gay student body president at his alma mater, the University of Michigan, suffered a double loss in the Court of Appeals of Michigan on January 8. The Court upheld the denial of his discharge grievance, finding his conduct unprotected by the First Amendment, and also ruled that he was not eligible for … <Read More>