![]() The justices also continue to struggle with how to frame tests to evaluate whether government action violates the First Amendment. But it did not join Justice Gorsuch’s call to overturn Bivens altogether. The court, for example, declined to recognize an implied claim against federal officials for damages for First Amendment retaliation under Bivens. The court’s decisions continue to show the tension between incremental change and more decisive reversals of precedent. Sullivan, but Justice Thomas continued to press the court to revisit the precedent. The court also turned away a challenge to its landmark defamation decision, New York Times Co. The court will likely hear a test case of the Texas law and a similar Florida law next term. Three justices would have preliminarily let a Texas law go into effect regulating the content of social media platforms. It also abandoned the Lemon test, holding that public schools do not offend the establishment clause by permitting school employees to engage in private, publicly visible prayer on campus.Īt the same time, the court signaled that some members were open to weakening First Amendment protections for the media. It held that Maine could not discriminate against religious schools by excluding them from a tuition assistance program open to nonsectarian schools. In two cases, the court also elevated religious liberty rights under the free exercise clause over concerns about the separation of church and state under the establishment clause of the First Amendment. The board’s censure was not a penalty, but its own protected speech. In a unanimous decision, the court also held that an elected official had no First Amendment retaliation claim against a government board for censuring him. The court decided three “government speech” cases, holding that a Christian flag flown outside Boston’s City Hall and a coach’s public prayers on the 50-yard line after high school football games represented private, not government, speech. ![]() The court invoked the First Amendment in cases regulating social media platforms, prayer at public schools, state funding of religious schools, campaign finance restrictions, billboard advertisements, and religious exemptions to COVID-19 vaccine mandates. The Supreme Court term that ended today once again showed the power of the First Amendment to shape American life.
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