First Amendment Update: Printable Guns, Patisserie, and the Free Press

Join accomplished New York City constitutional litigator Samuel B. Cohen for a recap of basic First Amendment principles as applied in §1983 litigation, and a survey of new decisional law out of the Supreme Court and the federal circuits. Mr. Cohen will also examine developing issues that continue to shape our marketplace of ideas in these tumultuous times.

While many may associate the First Amendment with a hazy concept of “free speech” only, there are five separate freedoms announced in the First Amendment: freedom of speech, freedom of press, freedom of assembly, the right to petition the government for redress of grievances, and the prohibition of an establishment of a state religion in America. These limitations on government power over individual expression and association form the vital core of our concept of civil liberties, and have all been subject to change and challenge in recent years.

In this course, we will explore new developments in how speech and expressive rights may be improperly restricted by governments, and actions that can be taken by conscientious practitioners to frustrate those improper restrictions. We will provide guidance for asserting First Amendment issues in §1983 litigation for redress of violations of rights, and provide talking points for explaining First Amendment freedoms for laypersons.

Learning Objectives:

1. Recap the First Amendment and the basic rights of the First Amendment
2. Discuss the new decisional law out of the Supreme Court and the federal circuits affecting First Amendment issues
3. Learn about practical guidance for asserting First Amendment violations in §1983 practice
4. Explore developing First Amendment issues