When it comes to statutes curbing access to lawful sexual content—material that’s neither obscene nor child pornographic—the US Supreme Court sometimes bends its normal First Amendment rules of review ...
Supreme Court opinions typically are governed by well-established doctrines for determining whether a statute passes First Amendment muster. Notably, content-based laws (ones targeting particular ...
A group of pornography companies and an adult performer sued, arguing that H.B. 1181 amounts to a content-based restriction on speech and therefore triggers “strict scrutiny”—the most demanding form ...
Tuesday’s Sixth Circuit decision in OPAWL—Building AAPI Feminist Leadership v. Yost offers a welcome example of how constitutional originalism can be the antidote to muddled case law. In a per curiam ...
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