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Articles Posted in First Amendment

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Exploring the New US Supreme Court Libel Opinions: Protecting Free Speech in the Digital Age

Introduction In an era marked by rapid technological advancements and the omnipresence of the internet, the boundaries of free speech have become more ambiguous than ever before. In the United States, the First Amendment safeguards the freedom of expression, including the freedom of the press. However, this freedom is not…

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First Amendment Protects the New York Times from Donald Trump’s Lawsuit

Among the many legal battles involving Donald Trump these days is a recent lawsuit in which Trump sued his niece, Mary Trump, along with the New York Times for reporting on his tax records in 2018. The series of articles accused Trump of engaging in tax schemes and cast doubt…

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Illinois Appellate Court Finds Order Restraining Speech Violates First Amendment, Unconstitutional

In a decision dealing with prior restraints on speech, the First District Appellate Court recently held that the trial court overstepped federal and state constitutional bounds when it ordered a company and its president to refrain from making any future online statements about a vendor the company had hired. The…

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Seventh Circuit Finds Factual Disputes not Material Affirms Summary Judgment in First Amendment Suit

In a recent decision, the Seventh Circuit clarified the proper standard for deciding a motion for summary judgment. Many litigants and lawyers alike believe that the existence of a factual dispute is sufficient to stave off summary judgment and proceed to trial. However, the Seventh Circuit took the opportunity to…

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Smartmatic Challenges Fox News’ First Amendment Defense in $1.2 Defamation Lawsuit

News conglomerate Fox News finds itself fighting against not one, but two multi-billion dollar defamation lawsuits over its post-2020 election reporting. The plaintiffs in these lawsuits are the companies that ran electronic voting machines used during the election. In their complaints, the plaintiffs accuse Fox News and its on-air hosts…

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Supreme Court Clarifies Standing Requirements in First Amendment Cases

The Supreme Court recently issued a major ruling in a dispute over free speech on the grounds of a public college. By a vote of 8-1, with Chief Justice Roberts as the lone dissenter, the Court held that a Georgia student’s claims of violations of his First Amendment rights against…

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Lawsuit Over Yelp Review Raises Questions of Defamation vs First Amendment Rights

Online review sites such as Yelp have been the bane of companies’ existence ever since they first started popping up on the internet. While businesses work hard to provide each of their customers with the best experience possible, one can never please everyone, and the displeased will inevitably turn to…

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From Clear and Present Danger to Imminent Lawless Action: 100 Years of First Amendment Jurisprudence — Best Chicago Libel Defamation and Slander Lawyers Near Oak Brook and Naperville

This year marks one hundred years since the birth of modern First Amendment jurisprudence. In 1919, as the United States was recovering from the effects of World War I, the U.S. Supreme Court grappled with a series of cases involving the speech of political dissidents charged with violating federal laws…

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Supreme Court Considers Issue of Vulgar Trademarks — Chicago First Amendment Lawyers

Earlier this month, the Supreme Court hear arguments in a case that will decide the fate of a federal prohibition against granting trademark protection to immoral or scandalous material. The case Iancu v. Brunetti involves a lawsuit initiated by Los Angeles street artist Erik Brunetti who sought to challenge the…

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MAGA Kid Sues The Washington Post for $250 Million for Defamation — Best DuPage County Slander Libel and Defamation Attorneys

Late last month, the family of Nicholas Sandmann filed a defamation lawsuit against The Washington Post seeking $250 million in damages (roughly the amount Jeff Bezos paid to purchase the newspaper in 2013). Sandmann is the Covington Catholic High School teenager whose standoff with Native American activist Nathan Phillips went…

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