Colorado's Anti-Discrimination Act (“CADA”) limits a place of public accommodation’s ability to refuse services to a customer based on their identity. 303 Creative LLC v. Elenis at 2. Under CADA, a place of public accommodation includes “any place of...
freedom of speech
(Wex page)
The advocacy of illegal action is a category of speech not protected by the First Amendment. It is also sometimes referred to as the advocacy of illegal conduct.
First addressed in Whitney v. California (1927), the Supreme...
(Wex page)
The Brandenburg test was established in Brandenburg v. Ohio, 395 US 444 (1969), to determine when inflammatory speech intending to advocate illegal action can be restricted. In the case, a KKK leader gave a speech at a rally to his fellow...
(LIIBULLETIN preview)
Respondents Reagan National Advertising of Austin, LLC. (“Reagan”) and Lamar Advantage Outdoor Company, L.P. (“Lamar”), are involved in the outdoor advertising business. Reagan National Advertising of Austin, Inc. v. City of Austin, at 699. In April...
(LIIBULLETIN preview)
In 2014, a singer-songwriter named C.W. received a Facebook friend request from Billy Raymond Counterman. People v. Counterman at 1042-43. Over the next two years, Counterman proceeded to send her direct messages that C.W. found “weird” and “creepy.”...
(Wex page)
Fighting words are words meant to incite violence such that they may not be protected free speech under the First Amendment. The U.S. Supreme Court first defined them in Chaplinsky v New Hampshire (1942) as words which "by their very...
(Wex page)
A “forum” in First Amendment law refers to the place in which a “speaker” speaks. The First Amendment's protections regarding the right to speak and assemble will vary based on the speaker's chosen forum. In Perry Educ. Ass’n v. Perry...
(LIIBULLETIN preview)
Catholic Social Services (“CSS”) was established in 1797 in Philadelphia (“the City”), Pennsylvania as a religious non-profit foster care service. Fulton v. City of Philadelphia at 12. Although affiliated with the Archdiocese of Philadelphia, CSS is...
(LIIBULLETIN preview (pre-2014))
Appealed from: United States Court of Appeals, Ninth Circuit (Mar. 22, 2004)
Court appealed From: United States District Court, Central District of California (Feb. 7, 2002) (summary judgment) -->... (LIIBULLETIN preview (pre-2014))
Facts
Petitioners in this case are individuals who provide in-home assistance to disabled persons in Illinois. Harris v. Quinn, 656 F.3d 692, 694 (7th Cir. 2011). Some of the petitioners operate under Illinois’s Home Services Program (“Rehabilitation...