Constitutional Law

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CONSTITUTIONAL LAW AND FIRST AMENDMENT ISSUES

The broad topic of constitutional law deals with the interpretation and implementation of the United States Constitution. As the Constitution is the foundation of the United States, constitutional law deals with some of the fundamental relationships within our society. This includes relationships between the states, the states and the federal government, the three branches of the federal government, and the rights of the individual in relation to both federal and state government. The Supreme Court has played a crucial role in interpreting the Constitution. Consequently, study of Constitutional Law focuses heavily on Supreme Court rulings. One of our experienced appellate attorneys, certified by the Texas Board of Legal Specialization in Civil Appellate Law, can be crucial when navigating the complex statutory remedies created to protect constitutional rights.

First Amendment protection derives from the US Constitution. Consequently, study of First Amendment issues focuses heavily on Supreme Court rulings and is constantly changing. For example, employee-speech has been significantly narrowed by the recent Garcetti holding. The only internal employee speech that may now be protected by the First Amendment is speech that is not made by the employee in the course of performing duties, or that falls within the realm of academic freedom, i.e. scholarship or teaching.

An experienced appellate attorney can be crucial when navigating the complex statutory remedies created to protect constitutional rights. The attorney must have prepared briefs and performed oral arguments in a number of civil appeals. The appeals must have been handled by the attorney as lead counsel and must have involved appeals from final judgments to the highest court of jurisdiction. Extensive knowledge of both appellate advocacy and trial procedure is also required.