Tag Archives: First Amendment

Waiting Sixteen Months Was Not “Reasonable Diligence” to Seek Preliminary Injunction in Free Speech Case, Holds Eighth Circuit

In Kohls v. Ellison, No. 25-1300 (8th Cir. Feb. 9, 2026), the Eighth Circuit affirms denial of a preliminary injunction in a case where the plaintiffs waited “more than sixteen months after the legislature enacted the challenged provisions” to seek relief, finding that lack of urgency underscored a lack of irreparable harm. Plaintiffs sued officialsContinue reading “Waiting Sixteen Months Was Not “Reasonable Diligence” to Seek Preliminary Injunction in Free Speech Case, Holds Eighth Circuit”

En Banc Eighth Circuit Holds 6-5 That Being Exposed to a Single DEI Slide “Chilled” Their First Amendment Rights and Thus Conferred Standing to Sue

In Henderson v. Springfield R-12 Sch. Dist., No. 23-1374 (8th Cir. Dec. 30, 2025) (en banc), the Eighth Circuit holds that it was enough for a public employee to establish standing in a First Amendment challenge to a Diversity, Equity, and Inclusion (DEI) program to have been shown a slide during a workplace presentation thatContinue reading “En Banc Eighth Circuit Holds 6-5 That Being Exposed to a Single DEI Slide “Chilled” Their First Amendment Rights and Thus Conferred Standing to Sue”