NHL Players Ass’n v. City of Pittsburgh, 2025 Pa. LEXIS 1516 (September 25, 2025) Wecht, J. Judges: TODD, C.J., DONOHUE, DOUGHERTY, WECHT, MUNDY, BROBSON, McCAFFERY, JJ. Justices Dougherty, Mundy, Brobson and McCaffery join the opinion. Justice Donohue files a concurring opinion in which Chief Justice Todd joins. Justice Mundy files a concurring opinion. Opinion by: […]
Tag: Constitutional Law
CONSITITUTIONAL LAW – 8TH AMENDMENT – AMERICANS WITH DISABILITIES ACT
Montanez v. Price, 2025 U.S. App. LEXIS 26131 (October 8, 2025) Kraus, J. Judges: Before Krause, Bibas, and Ambro, Circuit Judges. Opinion by Kraus, Circuit Judge. The protections afforded by the Eighth Amendment, the Americans with Disabilities Act (ADA), 42 U.S.C. §12101et seq. and the Rehabilitation Act (RA), 29 U.S.C. §701 et seq., do not […]
CONSTITUTIONAL LAW – FIRST AMENDMENT – SPEECH – OFF CAMPUS SPEECH
Jorjani v. N.J. Inst. of Tech., 2025 U.S. App. LEXIS 23109 (September 8, 2025) Matey, Circuit Judge. Before: KRAUSE, MATEY, and PHIPPS, Circuit Judges. MATEY, Circuit Judge. New Jersey Institute of Technology declined to renew a lecturer’s contract based on his private comments about race, politics, and immigration. But NJIT’s regulation of speech outside the […]
CONSTITUTIONAL LAW – FIRST AMENDMENT – SPEECH
Armslist LLC v. Facebook, Inc., 335 A.3d 1 (April 3, 2025) McLaughlin, J. Judges: BEFORE: MURRAY, J., McLAUGHLIN, J., and KING, J. OPINION BY McLAUGHLIN, J. OPINION BY McLAUGHLIN, J.: Appellants here — Armslist LLC (“Armslist”), Torquelist LLC (“Torquelist”), Jonathan Gibbon, and N. Andrew Varney, III — sued Appellees, Facebook, Inc. (“Facebook”) and Instagram, LLC […]
CONSTITUTIONAL LAW – FIRST AMENDMENT – SPEECH – ANTISEMITISM
Landau v. Corp. of Haverford Coll., 2025 U.S. Dist. LEXIS 123300 (June 30, 2025) McHugh, J. As recognized in my first opinion in this action, dismissing Plaintiffs’ First Amended Complaint, antisemitism is a serious problem. Where antisemitism results in a deprivation of educational opportunities, federal law provides a remedy. And where the record supports it, […]
CONSTITUTIONAL LAW – FIRST AMENDMENT – RELIGION – LQBTQ+ CIRRICULA
Mahmoud v. Taylor, 145 S. Ct. 2332 (June 27, 2025) Alito, J. JUSTICE ALITO delivered the opinion of the Court. The Board of Education of Montgomery County, Maryland (Board), has introduced a variety of “LGBTQ+-inclusive” storybooks into the elementary school curriculum. These books—and associated educational instructions provided to teachers —are designed to “disrupt” children’s thinking […]
CONSTITUTIONAL LAW – ARTICLE II – APPOINTMENTS CLAUSE – U.S. PREVENTIVE SERVICES TASK FORCE
Kennedy v. Braidwood Mgmt., 145 S. Ct. 2427 (June 27, 2025) Kavanaugh, J. JUSTICE KAVANAUGH delivered the opinion of the Court. This case concerns the Appointments Clause in Article II of the Constitution. The U. S. Preventive Services Task Force, an entity within the Department of Health and Human Services, issues public recommendations about preventive […]
CONSTITUTIONAL LAW – FIRST AMENDMENT – SPEECH – SEXUALLY EXPLICIT CONTENT DISTRIBUTED TO CHILDREN – SCRUTINY, LEVEL OF
Free Speech Coal., Inc. v. Paxton, 145 S. Ct. 2291 (June 27, 2025) Thomas, J. JUSTICE THOMAS delivered the opinion of the Court. Texas, like many States, prohibits the distribution of sexually explicit content to children. Tex. Penal Code Ann. §43.24(b) (West 2016). But, although that prohibition may be effective against brick-and-mortar stores, it has […]
CONSTITUTIONAL LAW – LEGISLATIVE POWERS – DELIGATION OF AUTHORITY – FCC
FCC v. Consumers’ Rsch., 145 S. Ct. 2482 (June 27, 2025) Kagan, J. Prior History: Consumers’ Rsch. Cause Based Commerce, Inc. v. FCC, 109 F.4th 743, 2024 U.S. App. LEXIS 18241 (July 24, 2024) FCC v. Consumers’ Rsch., 145 S. Ct. 2482, 2487 JUSTICE KAGAN delivered the opinion of the Court. Nearly a century ago, […]
CONSTITUTIONAL LAW – FIRST AMENDMENT – RELIGION – ESTABLISHMENT CLAUSE – TEACHING OF ISLAM IN MIDDLE SCHOOL
Hilsenrath v. Sch. Dist. of the Chathams, 136 F.4th 484 (May 5, 2025) Hardiman, Circuit Judge. This appeal concerns the constitutionality of a middle school social studies curriculum. Libby Hilsenrath sued the Board of Education of the School District of the Chathams over instructional videos about Islam in her son’s seventh-grade World Cultures and Geography […]
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