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Supreme Court Clarifies First Amendment Test for True Threats

Constitutional Law Reporter

Colorado , 600 U.S. _ (2023), the U.S. 18–3–602(1)(c), a Colorado statute making it unlawful to “[r]epeatedly. Following Colorado law, the trial court rejected that argument under an objective standard, finding that a reasonable person would consider the messages threatening. In Counterman v.

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SCOTUS Rules Website Designer Can Refuse Same-Sex Customers

Constitutional Law Reporter

Supreme Court held that the First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees. As the district court correctly held, Colorado may prohibit speech that promotes unlawful activity, including unlawful discrimination,” the court wrote. “As

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Masterpiece Cakeshop Loses Appeal Over Gender Transition Cake

JonathanTurley

Jack Phillip, the Colorado baker who brought the challenge in Masterpiece Cakeshop, Ltd. Colorado Civil Rights Commission has again lost an appeal in Colorado state court. The Colorado Court of Appeals ruled on Thursday that the refusal to make the cake requested by Autumn Scardina did not constitute free speech.

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The court is poised to set jurisprudence on race for generations — and not just in affirmative action

SCOTUSBlog

Bollinger declared an expectation that affirmative action would no longer be necessary in 25 years — a self-imposed expiration date that would be unheard of in any other area of constitutional law. 9, another remedial statute is at risk. In Haaland v. And then there is 303 Creative LLC v.

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Tenth Circuit Rules Web Designer Must Create Site For Same-Sex Marriage

JonathanTurley

Colorado Civil Rights Commission. The case involved Charlie Craig and David Mullins who went to the Colorado cake shop of Jack Phillips to order a cake celebrating their earlier marriage in Massachusetts. The Colorado Civil Rights Division referred the case to the state’s Civil Rights Commission, which ruled against Phillips.

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Pornhub Wins Free Speech Challenge to New Verification and Warning Laws

JonathanTurley

The court found that “the statute is not narrowly tailored and chills the speech of Plaintiffs and adults who wish to access sexual materials. [it] The warning must be accompanied by a national toll-free number for people with mental health disorders. Judge Ezra ruled that “H.B. 1181 is unconstitutional on its face.”

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August 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The Supreme Court called the appellate court’s conclusion that there are always reasonable legal alternatives to disobeying constitutional laws “untenable,” and held that “reasonable legal alternatives” must be effective. The court further found that EPCA’s legislative history did not support the plaintiff’s “expansive interpretation.”

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