First Amendment Issues in the News – Legal Reader (blog)
There have been a number of First Amendment issues in the news recently. Some are rehashes of the same old battles, and others give us more to chew on.
Remember that one about the Christian baker and the gay wedding cake? Yep, thats one of the First Amendment issues coming around again. This fall, newly topped up with conservative darling Neil Gorsuch, the Supreme Court will hear an appeal of theColorado case. Masterpiece Cake Shop v. Colorado Civil Rights Commission concerns Colorado baker Jack Phillips, who refused to bake a cake for the wedding reception being held by David Mullins and Charlie Craig. Mullins and Craig were legally married in Massachusetts in 2012.
Phillips claims that baking the cake would violate his free exercise of religion and would also constitute coerced speech. Lower courts have consistently held that baking a cake would do neither of these, but is considered to be illegal discrimination due to the couples sexual orientation. This last bit is of key importance when only 22 states have anti-discrimination laws that extend protection to gay people. On one hand, the cake fight is bigger than it first appears: its a proxy in the culture war, and will have an outsized impact on the way some civil rights issues are decided in the future. On the other hand, if baking a cake means that the baker is actually endorsing or taking part in a same-sex union, perhaps gun shop owners will one day be considered to have participated in any crimes committed with the guns they sold. Hey, its possible, right?
Next in the series of First Amendment issues is the Trinity Lutheran v. Comer decision. The Supremes came down on the side of Trinity Lutheran, the church whose ministry involved running a daycare and playground for children. Amazingly, seven of nine justices agreed (for differing reasons) that public funds could not be denied to a church simply because it has a religious mission. Although some majority-opinion justices used language meant to limit the scope of their decision, theidea that governments must provide resources directly to a religious organization has implications for many future policy fights sure to arise, including funding of faith-based education. However, if funds provided to beef up a church playground are not considered fungible in the context of the Establishment clause, perhaps similarly non-fungible funds can be provided for Planned Parenthoods public health mission, free from any involvement with the Hyde Amendment.
Its not just the Supreme Court ruling on recent First Amendment issues. A Montana state court recently decided that the USDAs checkoff program constituted a form of coerced speech, paid for by the states independent cattle ranchers. Checkoff programs are tiny, mandatory taxes paid by producers of certain agricultural commodities. These funds go towards marketing efforts that supposedly benefit the producers of that commodity. This is where ad campaigns like Got Milk? or Beef: Its Whats For Dinner come from. In this case, the Montana Beef Council used checkoff money to partially fund a commercial claiming that Wendys fast food hamburgers are made using North American beef. American ranchers rankled at having to pay to promote Canadian and Mexican beef exports. As a result, the ranchers must still pay the dollar-per-head checkoff, but non-governmental organizations will only receive a portion of the proceeds from ranchers who opt in.
One of the First Amendment issues before Congress is whether or not churches should be able to back political candidates while also retaining their tax-exempt status. House Republicans amended a spending bill to de-fund IRS efforts at enforcing the Johnson Amendment, originally signed into law by Dwight Eisenhower in 1954. While priests and pastors have always been free, as private citizens, to endorse any political position they like, this would potentially turn the pulpit itself into your Facebook feed, minus the cat pictures. Interestingly, non-Christian houses of worship, such as mosques and synagogues, dont seem to be included in the conservative liberalization effort.
Finally, lest we mistake First Amendment issues as being about the rights of all Americans to express their sincerely held beliefs, we get to those whose free speech matters most: the wealthy. Since the landmark Citizens United decision in 2010, money has been even more equated with speech than ever before. Those with wallets full of words wasted no time making sure that their shouting could be heard over those who could afford only humble whispers. In this case, our loudest citizens are insisting that an agenda that benefits them at the cost of most of the rest of us be passed post haste, or the checkbooks would close and perhaps the Republicans would lose their majority in Congress in the next election. One can only hope.
Related: Fungibility Key in Trinity Lutheran Case
More:
First Amendment Issues in the News - Legal Reader (blog)
- Man sues Kingsport, police over 2022 arrest, claims First Amendment rights violation - WJHL - September 24th, 2026 [September 24th, 2026]
- Editorial: Trumps news outlet ban stands in opposition to the First Amendment - The Virginian-Pilot - September 24th, 2026 [September 24th, 2026]
- What is the First Amendment and why did 3 news outlets sue Trump? - nbcmiami.com - September 24th, 2026 [September 24th, 2026]
- Dont you just love the First Amendment! - - Smoky Mountain News - September 24th, 2026 [September 24th, 2026]
- Restoring Judicial Review Under the Freedom of Information Act - | Knight First Amendment Institute - September 24th, 2026 [September 24th, 2026]
- CNN, Politico, MS NOW Sue Trump Administration Over White House Access: First Amendment Analysis - Freedom Forum - September 24th, 2026 [September 24th, 2026]
- 251. Newsgathering, the First Amendment, and the White House - One First | Steve Vladeck | Substack - September 24th, 2026 [September 24th, 2026]
- 5 Ways DHS Agents Intimidated Americans Using Their First Amendment Rights - Common Cause - September 24th, 2026 [September 24th, 2026]
- CNN, MS NOW, Politico Sue Over Denied White House Access, Citing First Amendment - WTTW News - September 24th, 2026 [September 24th, 2026]
- Does the presidents White House media ban violate the First Amendment? Lawyer explains - WATE 6 On Your Side - September 24th, 2026 [September 24th, 2026]
- UWEC Professor teaches about first amendment law amid media outlet ban from White House - WEAU - September 24th, 2026 [September 24th, 2026]
- A record number of Americans think the First Amendment goes too far - WAMU - September 24th, 2026 [September 24th, 2026]
- United States: CNN, MS NOW, and Politico file First Amendment lawsuit over White House access ban - ipi.media - September 24th, 2026 [September 24th, 2026]
- Californias Addictive Feeds Law Violates Teens First Amendment Rights - eff.org - September 24th, 2026 [September 24th, 2026]
- On Constitution Day, is the US fumbling the First Amendment? - nmsuroundup.com - September 24th, 2026 [September 24th, 2026]
- Trump has not beaten the First Amendment, try as he might - The Seattle Times - September 24th, 2026 [September 24th, 2026]
- EDITORIAL: President Violates the First Amendment, Mainstream Publications Get a Taste of What the Black Press Has Long Experienced Exclusion - The... - September 24th, 2026 [September 24th, 2026]
- Student journalist sues University of Texas at Dallas for First Amendment violations - Dallas Observer - September 24th, 2026 [September 24th, 2026]
- Detroit Free Press. . First amendment reporter BrieAnna Frank explains how President Trumps ban on several news outlets from the White House will test... - September 24th, 2026 [September 24th, 2026]
- Opinion | Trumps attacks on the First Amendment go well beyond just freedom of the press - ms.now - September 24th, 2026 [September 24th, 2026]
- The Wolf Came As A Wolf: Trump and the First Amendment - Civil Discourse with Joyce Vance - September 24th, 2026 [September 24th, 2026]
- The First Amendment gives Americans a superpower: Petitioning the government to right wrongs - The Seattle Times - September 13th, 2026 [September 13th, 2026]
- The war on terror weakened the first amendment. Now we desperately need it | Jameel Jaffer - The Guardian - September 13th, 2026 [September 13th, 2026]
- CBS Argues First Amendment Protections in Bid to Dismiss Matlock Writer Lawsuit Over Allegedly Racist Comments - The Hollywood Reporter - September 13th, 2026 [September 13th, 2026]
- Kentucky leads 14-state coalition to SCOTUS on First Amendment rights - Eyewitness News (WEHT/WTVW) - September 13th, 2026 [September 13th, 2026]
- The First at 250: A Conversation on the First Amendment - Knight Foundation - September 13th, 2026 [September 13th, 2026]
- The Forever War and the First Amendment, Thu, Sep 10, 2026, 9am - 5pm - Community Calendar - ABC7 New York - September 13th, 2026 [September 13th, 2026]
- Kid Cudi Says First Amendment Protected Firing M.I.A. From Tour, Wants $2.8 Million Lawsuit Tossed - Law Commentary - September 13th, 2026 [September 13th, 2026]
- Police have dual role in protecting public and First Amendment rights | Op-Ed - The Seattle Times - September 13th, 2026 [September 13th, 2026]
- Democrats obliterated the First Amendment right to assembly: RFK Jr - Yahoo - September 13th, 2026 [September 13th, 2026]
- Trump Cant Call Ballots Mail and Escape the First Amendment - Jurist.org - September 8th, 2026 [September 8th, 2026]
- Judge Refuses To Block Pentagon From Firing Stars and Stripes Staffers Over CBS Interview - First Amendment Watch - September 8th, 2026 [September 8th, 2026]
- Uniform doesnt come with First Amendment waiver - oleantimesherald.com - September 8th, 2026 [September 8th, 2026]
- UW to pay $600,000 to professor after losing First Amendment fight over his parody land acknowledgment - Alaska Story - September 8th, 2026 [September 8th, 2026]
- First Amendment auditor convicted of trespassing at Conn. officers home - Police1 - September 8th, 2026 [September 8th, 2026]
- Labor Day: Brought to You by the First Amendment - Freedom Forum - September 8th, 2026 [September 8th, 2026]
- At FIU stop, DeSantis discusses First Amendment rights in wake of federal judge ruling in favor of anti-ICE protesters - WSVN - August 27th, 2026 [August 27th, 2026]
- Commentary: The First Amendment is more than the right to speak - Lake Oswego Review - August 27th, 2026 [August 27th, 2026]
- Trumps Unholy War on the First Amendment - Progressive.org - August 27th, 2026 [August 27th, 2026]
- Stars and Stripes staffers sue Pentagon over firings alleging First Amendment violations - The Independent - August 27th, 2026 [August 27th, 2026]
- Man arrested at Berkeley County gas station says his First Amendment rights were violated - Live 5 News - August 27th, 2026 [August 27th, 2026]
- Composer-Pianist Vijay Iyer to Perform at The Forever War Symposium - | Knight First Amendment Institute - August 27th, 2026 [August 27th, 2026]
- How Do We Aggressively Lobby for Press Freedom Legislation in a Post-Trump World? - | Knight First Amendment Institute - August 27th, 2026 [August 27th, 2026]
- Federal judge says FIU violated first amendment rights of anti-ICE student protesters - Creative Loafing Tampa - August 27th, 2026 [August 27th, 2026]
- Trump Sued for Selling Early Access to Truth Social Posts: First Amendment Analysis - Freedom Forum - August 22nd, 2026 [August 22nd, 2026]
- Students, ACLU argue FIU violated First Amendment rights after doling out punishments for ICE protests - WSVN - August 22nd, 2026 [August 22nd, 2026]
- Did this field trip to a mosque violate the First Amendment? A group of Palo Alto parents think so. - The Forward - August 22nd, 2026 [August 22nd, 2026]
- Second Circuit Says You Have a First Amendment Right to Film Police in Public - Fstoppers - August 22nd, 2026 [August 22nd, 2026]
- Column: Lets celebrate ALL of the First Amendment, not part - The Daily Tar Heel - August 22nd, 2026 [August 22nd, 2026]
- Jury Says The New York Times Defamed Alabama Basketball Player With Incorrect Story About Shooting - First Amendment Watch - August 22nd, 2026 [August 22nd, 2026]
- Disney and ABC filed a First Amendment lawsuit against the FCC - Morning Brew - August 22nd, 2026 [August 22nd, 2026]
- Five Standout Claims In ABCs First Amendment Lawsuit Against The FCC - Deadline - August 22nd, 2026 [August 22nd, 2026]
- Judge weighs First Amendment case involving FIU student protest - CBS News - August 22nd, 2026 [August 22nd, 2026]
- ABC sues FCC claiming first amendment violation - WBKO - August 22nd, 2026 [August 22nd, 2026]
- ABC sues FCC over license reviews, citing First Amendment rights - WRTV - August 22nd, 2026 [August 22nd, 2026]
- Rich Lenkov on murder trials, cocaine trafficking, and a First Amendment showdown - WGN Radio 720 - August 22nd, 2026 [August 22nd, 2026]
- FCC Boss Brendan Carr Says Disneys First Amendment Lawsuit Is Without Merit - Media Play News - August 22nd, 2026 [August 22nd, 2026]
- Judge Plans October Hearing In ABCs First Amendment Lawsuit Against FCC, Says It Will Be Sooner If Agency Takes Action On Licenses - Yahoo - August 22nd, 2026 [August 22nd, 2026]
- Antithesis of Our First Amendment: Families Ask Supreme Court to Toss Texas Ten Commandments Law - Alaska Native News - August 22nd, 2026 [August 22nd, 2026]
- ABC Has Filed a First Amendment Lawsuit Against the FCC After Trump Admin Goes After Network - IMDb - August 22nd, 2026 [August 22nd, 2026]
- ABC Has Filed a First Amendment Lawsuit Against the FCC After Trump Admin Goes After Network - Just Jared - August 22nd, 2026 [August 22nd, 2026]
- Disney Takes on Trump: Can ABC Win Its First Amendment Suit Against the FCC? | Analysis - IMDb - August 22nd, 2026 [August 22nd, 2026]
- First Amendment group rebukes San Joaquin RTD director over threat to sue public critics - Stocktonia - August 14th, 2026 [August 14th, 2026]
- Does the First Amendment Protect Freedom From Religion? - First Liberty Institute - August 14th, 2026 [August 14th, 2026]
- Opinion | Trumps attack on a think tank is an affront to the First Amendment - The Washington Post - August 14th, 2026 [August 14th, 2026]
- Dining hall workers union sues ASU, alleging First Amendment violations - The State Press - August 14th, 2026 [August 14th, 2026]
- ACLU-SC to SC Arts Commission: Respect the First Amendment - ACLU of South Carolina - August 14th, 2026 [August 14th, 2026]
- How does the First Amendment govern liability for AI? - Free Speech Center - August 14th, 2026 [August 14th, 2026]
- Judge Orders Massachusetts Sheriff To Hand ICE Detainee Records to ACLU - First Amendment Watch - August 14th, 2026 [August 14th, 2026]
- Masked men practicing First Amendment right to video in public antagonize residents at post office in Pleasanton - Pleasanton Weekly - August 14th, 2026 [August 14th, 2026]
- How the First Amendment protects our 5 freedoms and why its in danger - The Seattle Times - August 14th, 2026 [August 14th, 2026]
- Dining hall workers suing ASU over First Amendment right to protest working conditions - KTAR News 92.3 FM - August 14th, 2026 [August 14th, 2026]
- Lawsuit Seeks To Ban Trump Media From Charging for Early Access to Presidents Posts on US Policy - First Amendment Watch - August 14th, 2026 [August 14th, 2026]
- Judge Dismisses Trump Administration Lawsuit Alleging Antisemitism at Harvard University - First Amendment Watch - August 14th, 2026 [August 14th, 2026]
- Meta To SCOTUS: Addiction Suits Barred By First Amendment, Section 230 - Yahoo - August 14th, 2026 [August 14th, 2026]
- Another Colorado Attack on the First Amendment Goes to the Supreme Court - Independence Institute - August 14th, 2026 [August 14th, 2026]
- Masked ICE Agent Pulls Gun on Virginia Driver Who Says She Was Exercising First Amendment Rights - National Enquirer - August 14th, 2026 [August 14th, 2026]
- Flag on the play: First Amendment problems with NIL regulation - FIRE | Foundation for Individual Rights and Expression - July 21st, 2026 [July 21st, 2026]
- Removal of CLARITY Acts Section 604 Could Spark First Amendment Battle, Industry Executives Warn - Cryptonews.net - July 21st, 2026 [July 21st, 2026]
- The Forever War and the First Amendment - | Knight First Amendment Institute - July 18th, 2026 [July 18th, 2026]