Articles Posted in 1st Amendment Law

What restrictions can social media companies like Facebook, Twitter, Instagram and Tik-Tok on their social media platforms?  The First Amendment to the United States Constitution protects free speech and the case of Moody v. NetChoice that is before the United States Supreme Court on a petition for certiorari may redefine…

The Massachusetts SJC grappled with a First Amendment free speech appeal in Barron v. Southborough Board of Selectman. The defendant had participated in a public meeting to present comments about recent illegal activity the town was committing. The defendant quietly waited for the public comments section of the meeting and…

Circuit Split Arises Concerning the Legality of Video-Recording Law Enforcement Civilian recordings of police officers are a relatively new concept. The entire world viewed the cell phone video footage of George Floyd. This video was the focal point of the incident and sparked mass protests around the nation. The prosecution…

Massachusetts Court of Appeals Decides a Classroom Death Threat Case  In the years following the 1999 Columbine shootings, the United States has seen approximately 284 mass shootings in schools across the country. Due to this tragic fact, threats of violence in schools are taken very seriously.  In a recent decision…

In a recent case, the Third Circuit held in Levy v. Mahanoy Area School District that a profane “snap” posted by a teenage girl was protected speech under the First Amendment.  Today, any teen or young adult has grown up with Snapchat, an app that allows users to send their…

The Massachusetts SJC held today that the First Amendment Protects Panhandling as free Speech, striking down a local Fall River Ordinance attempting to preclude panhandling on public streets.  In Massachusetts Coalition for the Homeless v. City of Fall River, the Massachusetts Supreme Judicial Court found that a local law restriction…

Donald Trump is soon leaving office, but there is a case that the United States Supreme Court may hear concerning whether the President has a right to block people on Twitter.  Donald Trump v. Knight First Amendment Institute at Columbia University is a case that concerns the president blocking people…

The Massachusetts Supreme Judicial Court is expected to hear Massachusettts Coalition for the Homeless v. City of Fall River, this Monday, November 2nd regarding the controversial Massachusetts statute “17A.” This statute basically forbids soliciting from vehicles on public ways.  Although panhandling is not explicitly mentioned in the statute, in March…

As a Massachusetts criminal defense lawyer, one of the more interesting defenses to a criminal charge is a First Amendment attack on whether the law is Constitutional. Recently, there have made some First Amendment challenges to the Involuntary Manslaughter Statute in Massachusetts in the Michelle Carter case.  The Massachusetts Supreme…