She ruled that the terminations violated the FirstAmendment and Fifth Amendment and that DOGE had no legal authority to cancel the grants.
“What mattered to DOGE was not whether a grant lacked scholarly merit. ...
“The FirstAmended Complaint focuses on personal reputational harm as the compensatory injury, and renders the Order obsolete,” his lawyers stated in the Aug. 5 filing.
Josh Green in May and takes effect July 1, 2027, although, as expected, it is being challenged on FirstAmendment grounds by the Grassroot Institute of Hawaii.
Writing for the majority in the three-judge panel’s decision in May 2025, Judge Robin Rosenbaum said the act “wields a shotgun when the FirstAmendment allows a scalpel at most.”
Missouri) litigation, protesting the largest FirstAmendment censorship effort in modern U.S. history.
Vaccine passports or proof requirements further conditioned access to public life, employment, and venues.
“Subpoenas are not the first thing you do; they are the last thing you do,” the judge said, citing protections in the FirstAmendment and accusing the government of turning the law “on its head.”
Aside from being overbroad, xAI argues, the law violates the company’s FirstAmendment free speech rights, and those of its users. Other laws also make the new statute unnecessary.
Constitution’s FirstAmendment.
In December 2025, Customs and Border Protection proposed a new rule requiring some tourists to provide access to their social media history for the past five years before entering the country.
China has no FirstAmendment equivalent: no protection for refusing to affirm “Xi Jinping Thought,” no private space for belief beyond the state’s reach.
The U.S. Constitution assumes that the government has no business certifying correct thought.
Constitution's FirstAmendment.
The group's lawsuit alleged that the U.S. State Department had been engaged in a campaign of censorship against anti-disinformation advocates.
“As a matter of law, that post was protected by the FirstAmendment and falls outside the scope of 18 U.S.C. [Section] 871(a) and 18 U.S.C. [Section] 875(c). Both Counts must therefore be dismissed.”
Martin knew or should have known that, as a government official, his conduct violated the First and Fifth Amendments to the Constitution of the United States,” a petition by Disciplinary Counsel Hamilton P. Fox III reads.
In response to concerns that his office had targeted the journalists, Clayton said he was committed to defending the freedoms guaranteed under the FirstAmendment.
Prior to Clayton’s confirmation, Sen.
"I've never heard of politicians say they would repeal case law established under the FirstAmendment," he said. "You'd really need a constitutional amendment to do that."
A selective prosecution claim alleges a violation of equal protection principles when the government charges a person based on protected characteristics such as race, religion, or the exercise of FirstAmendment rights.
Federal judges also blocked four of those executive orders last year, after the firms sued the administration for allegedly violating their FirstAmendment rights.
“These actions demonstrate abuse of the grand jury process, continued bad-faith attacks on the journalists, violations of the department’s own internal regulations, and disregard for the law in this Circuit intended to protect critical FirstAmendment
Paxton (2025) that age-verification mandates only burden the FirstAmendment incidentally because they regulate access to content but don’t target or suppress the content of the speech.
The motion also argues that barring the plaintiffs from referencing the settlement is a content-based prior restraint forbidden by the FirstAmendment.
The appeals court is “overwhelmingly likely to vacate” the sanctions order, the motion said.
White House press secretary Karoline Leavitt said at a July 23 press briefing that the president’s attendance will honor free speech and the importance of the FirstAmendment.
A divided federal appeals court ruled on July 7 that Florida’s restrictions on how public university professors could teach certain concepts about race, sex, and diversity violated the FirstAmendment.
Clayton responded by saying his office followed its protocols and maintaining that he is committed to defending the FirstAmendment and the role of the press.