First Amendment

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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

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

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

Today, Judge Stein dismissed claims by Citizens United challenging New York’s reporting requirements for charities in the state (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.  Judge Stein found that the complaint did not allege that that law failed to advance important government interests :
Continue Reading Judge Stein Dismisses Citizens United’s Challenge to New York’s Charity Reporting Laws

Last week, Judge Seibel dismissed a First Amendment challenge to a Dutchess County law requiring retail supermarkets to clearly post prices on each item using a sticker, tag, or other label.  The plaintiff claimed that changing the price tags on items each time the store held a sale was an improper burden on the store’s First Amendment free speech rights.  Judge Seibel disagreed – and questioned whether price tags on grocery items constituted speech at all.
Continue Reading Judge Seibel Rejects First Amendment Challenge to Local Law Requiring Price Labels on Supermarket Goods

In a decision today, Judge McMahon granted a preliminary injunction allowing subway ads about a humorous documentary called “The Muslims Are Coming!”  The ads included statements such as: “The Ugly Truth About Muslims: Muslims have great frittata recipes,” and “Muslims invented Justin Timberlake.”  One reason the film producer (a company referred to as VQP) chose to advertise in the subway was to respond to certain pro-Israel ads that a group called “ADFI” had also run in the subway system — ads that were subject to their own litigation issues (see our prior post here).

Judge McMahon rejected the MTA’s argument that it neutrally applied its policy against advertising that is “political in nature,” and emphasized that the ads were not “political” merely because the subject matter was Islam:
Continue Reading Judge McMahon Issues Injunction Allowing Subway Ads About Muslim Documentary