July 21, 2021Published Article

Associate Sam Mitchell publishes Law360 article, "Recent High Court Decisions Signify 1st Amendment Direction"

This past term has seen a flurry of First Amendment action from the U.S. Supreme Court.

The court unanimously vindicated a Catholic foster agency's religious free exercise right to refuse placement of children with gay couples, voted 8-1 to confirm a minor's free speech right to disseminate off-campus, profane social media posts to hundreds of Snapchat friends about her school, and protected associational rights in a 6-3 decision that protects donors from doxing. 

The court also declined to decide whether the state of Washington violated a floral designer's free exercise and free speech rights in connection with her refusal to provide services for a same-sex wedding, while agreeing to hear religious freedom arguments in a high-profile dispute involving public funding for private schools that provide religious instruction.

In the free speech context, the court agreed to determine whether a sign ordinance in Austin, Texas, is a facially unconstitutional content-based regulation, while declining to hear a challenge to the 1964 landmark libel case New York Times Co. v. Sullivan brought by an Albanian man who is displeased with his portrayal as a Mafioso in the widely distributed book and feature film, "War Dogs."

To read the full article, click here
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