Tag Archives: First Amendment

10th Circuit denies rehearing in case involving student essay that criticized lesbianism

by Emil J. Kiehne Posted on April 25, 2017

I am reliably informed that the Tenth Circuit has denied the petition for rehearing en banc filed by a student who sued the University of New Mexico for First Amendment violations as a result of actions allegedly taken against her … Continue reading →

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10th Circuit rejects UNM student’s First Amendment claim over anti-lesbian essay

by Emil J. Kiehne Posted on April 19, 2017

At the end of March, the Tenth Circuit rejected a student’s claim that the University of New Mexico and two of its employees violated her First Amendment rights by actions they took in response to an essay she wrote criticizing … Continue reading →

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10th Circuit affirms injunction against ban aimed at jury nullification advocacy outside courthouse

by Emil J. Kiehne Posted on April 11, 2016

On Friday, the Tenth Circuit has affirmed a preliminary injunction entered against a Colorado state trial court to prevent it from enforcing a rule prohibiting expressive activities in a plaza outside the courthouse. The rule was targeted at advocates of … Continue reading →

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Tenth Circuit rejects challenge to donor disclosure requirement in Colorado election law

by Emil J. Kiehne Posted on February 5, 2016

The Independence Institute wanted to run a television ad right before the 2014 general election that criticized Colorado’s failure to audit its health insurance exchange, and which asked viewers to contact the governor (who was then up for re-election) to … Continue reading →

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UNM student will ask Tenth Circuit to revive lawsuit alleging she was penalized for criticizing lesbianism

by Emil J. Kiehne Posted on December 29, 2015

According to this story by Maggie Shepard in the Albuquerque Journal, a University of New Mexico student, Monica Pompeo, will ask the Tenth Circuit to reverse the dismissal of her lawsuit alleging that UNM violated her First Amendment rights by penalizing her … Continue reading →

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City of Bloomfield asks 10th Circuit to allow it to display Ten Commandments

by Emil J. Kiehne Posted on October 1, 2015

It’s oral argument week at the Tenth Circuit, and Ivan Morena has this report at the Farmington Daily Times about yesterday’s oral argument in Felix v. City of Bloomfield, which was heard by Judges Robert Bacharach, David Ebel, and Carolyn … Continue reading →

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NM Supreme Court upholds city’s rule barring its employees from seeking or holding elective office

by Emil J. Kiehne Posted on August 13, 2015

Today the New Mexico Supreme Court issued its ruling in Kane v. City of Albuquerque, upholding provisions of the City Charter and the City Personnel Rules which prohibit city employees from seeking or holding elective office. Emily Kane, a captain … Continue reading →

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Tenth Circuit says woman’s statements may constitute “true threats” against abortion doctor

by Emil J. Kiehne Posted on July 30, 2015

In United States v. Dillard, the Tenth Circuit has reversed the dismissal of a civil enforcement action under the Freedom of Access to Clinic Entrances Act, which prohibits (among other things) using threats of force to interfere with abortion clinics. Angel Dillard, … Continue reading →

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NM Court of Appeals rejects church autonomy defense to claims arising from alleged harassment

by Emil J. Kiehne Posted on June 12, 2014

I’ve been on vacation the past couple of weeks or so, but in my absence the New Mexico Court of Appeals issued a decision in Galetti v. Reeve that explains the limits of the church autonomy doctrine. The plaintiff, Melissa … Continue reading →

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Tenth Circuit rules that New Mexico’s limits on contributions to independent groups violate First Amendment

by Emil J. Kiehne Posted on December 23, 2013

Last week, in Republican Party of New Mexico v. King (Dec. 18, 2013), the Tenth Circuit upheld an injunction against enforcement of a New Mexico statute (NMSA 1978, § 1-19-34.7(A)(1)) which prevents individuals from making contributions to political committees in excess of $5,000. … Continue reading →

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