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First Amendment

The First Amendment Implications of a Mandatory Environmental, Social, and Governance Disclosure Regime

ELR Article

It is undeniable that globalization has increased the extent to which corporate entities are connected to the daily lives of people from every corner of the world. Yet coupled to the growing reach of corporations is a growing demand...

Animal Legal Defense Fund v. Idaho

ELR Case

The Ninth Circuit held that portions of Idaho’s Agricultural Security Act violate the First Amendment. The law, enacted after a secretly-filmed expose of operations at an Idaho dairy farm went live on the internet, broadly criminalizes...

Kimberly-Clark Corp. v. District of Columbia

ELR Case

A district court ruled that the District of Columbia's flushable wipe law won't take effect as scheduled. The law, which was to take effect January 1, 2018, stated that wipes labeled "flushable" must readily break up and degrade in...

Western Watersheds Project v. Wyoming

ELR Case

The Tenth Circuit held that a Wyoming law that imposed civil and criminal liability on those who cross private property to access adjacent land to collect resource data violates the First Amendment. In 2015, Wyoming enacted a pair of...

SWEPI, LP v. Mora County, New Mexico

ELR Case

A district court, in a 199-page opinion, struck down a local county ordinance banning oil-and-gas drilling, including hydraulic fracturing, within Mora County, New Mexico. Portions of the ordinance essentially provide that corporations...