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U.S. Supreme Court,
Constitutional Law

Jul. 19, 2023

Free speech is protected, but how is less clear following recent court rulings

While the line between protected and unprotected speech seems to be getting more ambiguous, the Supreme Court provided certain necessary considerations for determining whether speech is in fact constitutionally protected.

Elizabeth Pipkin

Managing Partner
McManis Faulkner

Technology, trade secrets, business disputes and civil rights

50 W San Fernando St 10th Fl
San Jose , CA 95113

Phone: (408) 279-8700

Fax: (408) 279-3244

Email: epipkin@mcmanislaw.com

Harvard Univ Law School

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Annan Chen

Law Clerk
McManis Faulkner

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James O’Donnell

Law Clerk
McManis Faulkner

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Miriam Pieters

Law Clerk
McManis Faulkner

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The past year has been a banner year for First Amendment cases, both in the United States Supreme Court and in the lower federal courts. Several recent decisions significantly impact the scope of First Amendment protections on the internet.

The case of 303 Creative LLC v. Elenis, No. 21-476, 2023 WL 4277208 (U.S. June 30, 2023), arose from a clash between the First Amendment and public accommodations laws. In tha...

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