Yesterday, the Second Circuit affirmed Judge Stein’s decision last year to dismiss a suit by Citizens United challenging New York’s charity reporting laws (see our previous coverage here). Citizens United challenged the New York Attorney General’s requirement that charities file an un-redacted Schedule B, a form listing the names and contribution amounts of the charity’s donors, before receiving a license to solicit contributions in the state.
Continue Reading Second Circuit Affirms Dismissal of Suit Challenging New York’s Charity Reporting Laws
First Amendment
DOJ: President Trump’s Blocking of Twitter Users Is Not “State Action” For First Amendment Purposes
By Charles Michael on
In papers filed Friday, lawyers for President Trump sought summary judgment in a First Amendment challenge to the President’s blocking of users on Twitter (see our prior coverage here). The brief argues (among other things) that President Trump’s use of Twitter does not constitute “state action”:
Continue Reading DOJ: President Trump’s Blocking of Twitter Users Is Not “State Action” For First Amendment Purposes
Judge Castel Upholds New York’s “Ballot Selfie Ban” After Bench Trial
By Michael Keough on
Today, Judge Castel formally upheld New York State’s “ballot selfie ban” at the conclusion of a bench trial. The ruling comes after Judge Castel denied a preliminary injunction shortly before the November 2016 election (see our previous coverage here).
Considering whether the law violated the First Amendment, Judge Castel found that the law survived…
Judge Oetken: Law Banning Robocalls to Cell Phones, Except Where Government is Collecting Debts, Does Not Violate First Amendment
By Charles Michael on
In an opinion Wednesday in a case under the TCPA, a law that (among other things) bars calls without consent to cell phones via automatic dealings systems, Judge Oeken rejected the defendant’s argument that, by exempting government debt collection calls from the ban, the law is a form of speech discrimination that violates the First Amendment.
Judge Oekten found that, while the law “imposes a content-based restriction on speech” and thereby merits “strict scrutiny,” the law was nonetheless justified under that standard:
Continue Reading Judge Oetken: Law Banning Robocalls to Cell Phones, Except Where Government is Collecting Debts, Does Not Violate First Amendment
Complaint: @realDonaldTrump Blocking Twitter Users Violates First Amendment
By Michael Keough on
A complaint filed today alleges that President Trump and others violated the First Amendment when they blocked Twitter users who wrote tweets critical of the president. The plaintiffs claim that preventing them from viewing comments, replying to tweets, and participating in comment threads denies access to an important public forum in the 21st century.
According…
Judge Netburn Refuses New Yorker Magazine’s Request for Ray Kelly’s Deposition Because Appeal Divested Her of Jurisdiction
By Charles Michael on
On Friday, Judge Netburn rejected the New Yorker magazine’s letter request to release a sealed deposition of former NYPD commissioner Ray Kelly, in a case brought by Muslim officer who sued Mr. Kelly and New York City for discrimination but lost on summary judgment. She found that she lacked jurisdiction to grant the request because the proper procedural vehicle is a motion to intervene under Rule 24 — which the District Court cannot address while an appeal is pending:
Continue Reading Judge Netburn Refuses New Yorker Magazine’s Request for Ray Kelly’s Deposition Because Appeal Divested Her of Jurisdiction
Judge Schofield Rules that State Courts Should First Interpret a Lobbying Law under First Amendment Challenge
By Charles Michael on
In an opinion yesterday, Judge Schofield invoked so-called “Pullman”-abstention and thereby declined to rule on a case raising a novel state question. The case is a constitutional challenge by PR firms to a New York law requiring lobbyists to make certain disclosures. The firms argued that an advisory opinion by state regulators could…
Judge Castel Denies Injunction Against Enforcement of “Ballot Selfie” Ban
By Michael Keough on
Today, Judge Castel denied an attempt to enjoin the enforcement of New York’s Election Law § 17-130, or the so-called “ballot selfie” ban. Judge Castel found that the state’s interest in protecting against voter fraud and intimidation by preventing voters from revealing the content of their ballots (even if through Instagram) was a reasonable First Amendment restriction:
Continue Reading Judge Castel Denies Injunction Against Enforcement of “Ballot Selfie” Ban
Sixth Circuit Echoes Judge Castel’s Timing Concern in Refusing to Immediatly Enjoin “Ballot Selfie” Ban
By Charles Michael on
In an opinion this afternoon, the Sixth Circuit refused to block Michigan’s “ballot selfie” ban, and, in doing so, echoed the very same concern from Judge Castel on Wednesday (covered in this post, immediately below), about delay in bringing suit:
One hundred and twenty-five years ago, Michigan enacted a law designed to protect the
…
Judge Castel Expresses Skepticism of Delay in Application to Enjoin “Ballot Selfie” Ban
By Charles Michael on
On Wednesday, a new complaint sought a TRO and preliminary injunction against a law banning so-called “ballot selfies” on the ground that the law violates the First Amendment. According to the complaint, “Taking a photograph of a filled out ballot is a powerful political statement that demonstrates the importance of voting. Without the photograph, the…