First Amendment

The Future Looks Bright for the Right-to-Work Movement

The right-to-work principle protects employee freedom not to subsidize unwanted unions.

Regulating Instagram Posts

Author argues that FTC disclosure rules may infringe upon endorsers’ right to free speech.

Inconsistent Views on Waiving Rights in Employment

The Court has set two different standards for when employees can waive their workplace rights.

Right-to-Work Reaches Public Unions

Court holds that agency fees are compelled speech prohibited by the First Amendment.

Measuring Bias in the Administration of Justice

While skirting the First Amendment, the Court set a potentially far-reaching standard for finding bias.

Is the Captive Audience Doctrine the Key to Regulating Harassment?

Scholar explores a new legal basis for regulating street and cyber-harassment.

Regulating Religious Accommodation at Work

Federal appeals court weighs employers’ obligation to accommodate employees’ religious practices.

Supreme Court Reviews Minnesota Sanction on Political Clothing

The Supreme Court will determine whether states can ban voters from wearing politically themed clothing.

Seeing the Glass Part Full for the Labor Movement

Historical buildup to pending Supreme Court case presents three rays of hope for the labor movement.

New York Law Regulates Business Owners’ Speech

Justices unanimously decide that a New York law prohibiting credit card surcharges regulates speech.

The First Amendment Protects Offensive Trademarks

Supreme Court holds that government cannot discriminate against offensive trademarks.

The Supreme Court’s 2016–2017 Regulatory Term

Legal scholars and practitioners analyze the Court’s most important regulatory decisions of this past term.