8 results for 'cat:"Administrative Law" AND cat:"First Amendment"'.
J. Hamilton finds that the attorney's appeal of the lower court's order revoking his pro hac vice admission in this lawsuit must be dismissed. Before the attorney filed this appeal, the parties to this suit reached a settlement agreement resolving all issues between them. The attorney's alleged reputational injury is not sufficient to grant him standing in this appeal.
Court: 7th Circuit, Judge: Hamilton, Filed On: January 22, 2024, Case #: 22-2111, Categories: administrative Law, Attorney Discipline, first Amendment
J. Smith finds the district court improperly dismissed this free speech suit brought by a Louisiana State Bar member who says the bar unconstitutionally collected membership fees while engaging in political advocacy unrelated to law and legal services. Though the bar argues the speech was insignificant, and certain complained-of speech does pass the germaneness test, its positions on LGBT issues, the state Equal Pay Act, a high school curriculum and other speech unrelated to legal practice violate the First Amendment right to association. Reversed in part.
Court: 5th Circuit, Judge: Smith , Filed On: November 13, 2023, Case #: 22-30564, Categories: administrative Law, Constitution, first Amendment
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J. Kelley denies a satanic group’s motion for summary judgment against Boston for not allowing the group to be the selected member of the public to give a few words at the beginning of a city council meeting. The group claims their First Amendment rights were violated but this is not the case because the selection of a speaker is based on city counselors’ relationships with members of their districts. The satanic group was not chosen not due to its religious beliefs, but based on a preference for others the city saw as more active in their community and in serving their constituents.
Court: USDC Massachusetts, Judge: Kelley, Filed On: July 31, 2023, Case #: 1:21cv10102, NOS: Other Civil Rights - Civil Rights, Categories: administrative Law, first Amendment
J. Gettleman grants the U.S. Immigration Service’s motion for summary judgment on six civil rights claims brought by a group of tax-exempt religious institutions, while denying the religious institutions’ motion for summary judgment on the same claims. U.S. immigration law since 1991 has forbidden foreign-born religious workers from applying for their green cards concurrently with their employers filing paperwork to confirm them as religious workers. Other categories of foreign workers can file for green cards at the same time as their employers file the corresponding paperwork. The religious institutions claim the discrepancy infringes on religious freedom protections by placing undue time constraints on foreign-born ministers’ visas, and risking interruption of the religious services they provide. The court rejects this argument for a number of reasons, including by denying that plaintiffs have been substantially burdened by the ban on concurrent filing, and by arguing that visa pressure does not prohibit foreign-born ministers from expressing their faith.
Court: USDC Northern District of Illinois, Judge: Gettleman, Filed On: July 20, 2023, Case #: 1:21cv3650, NOS: Other Civil Rights - Civil Rights, Categories: administrative Law, Immigration, first Amendment