Tag Archives: First Amendment

Read the amicus briefs filed in support of Elane Photography’s cert. petition

by Emil J. Kiehne Posted on December 19, 2013

In November, we filed this petition for certiorari in the Supreme Court of the United States, asking the Court to review the New Mexico Supreme Court’s decision in Elane Photography, LLC v. Willock. Last week, several state attorneys general, as … Continue reading →

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New Mexico Supreme Court issues decision in high-profile Elane Photography case

by Emil J. Kiehne Posted on August 22, 2013

Today the New Mexico Supreme Court issued its decision in the high-profile case of Elane Photography LLC v. Willock. Because I am counsel in this case, I cannot comment on the decision, but the Court’s opinion was written by Justice Chavez, … Continue reading →

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Tenth Circuit rejects First Amendment challenge to FEC disclosure requirements

by Emil J. Kiehne Posted on June 25, 2013

In Free Speech v. Federal Election Commission, the Tenth Circuit rejected a First Amendment challenge to several FEC regulations defining what groups must disclose information about their donors. A federal statute, 2 U.S.C. § 434(c) requires anyone who makes “independent … Continue reading →

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In “perfect First Amendment storm,” 10th Circuit rules against anti-Bush protesters

by Emil J. Kiehne Posted on June 5, 2013

  In 2007, President George W. Bush came to Los Ranchos de Albuquerque for a political fundraiser at the home of Larry Abraham, the mayor of Los Ranchos. Protestors opposed to Bush’s policies sought to demonstrate against him, but were … Continue reading →

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Abuse of licensing statute to stifle unwanted criticism violates 1st Amendment, says NM Court of Appeals

by Emil J. Kiehne Posted on May 13, 2013

A recent case from the New Mexico Court of Appeals demonstrates that professional licensing statutes exist to protect consumers and members of the public, not to shield the tender feelings of government officials from unwelcome criticism. William Turner, a board member … Continue reading →

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