Civil rights & Section 1983

First Amendment

The government cannot punish people for what they say, what they teach, or how they assemble. The firm represents people whose free-speech rights have been infringed by government agencies and public institutions, including universities, in claims to vindicate expression the Constitution protects.

Overview

First Amendment cases arise when a public body uses its authority to silence, punish, or chill protected expression: an arrest aimed at a protester, discipline aimed at a professor, an ordinance drawn to reach disfavored speech. Because the actor is the government, these claims are brought under Section 1983 and the Constitution directly, and they often move quickly, on injunctions and emergency relief as well as damages.

Initial consultation is free. Fee arrangements depend on the nature of the case; we will explain the options for your matter when you get in touch.

What we handle

Free speech and retaliation

The core of the First Amendment is the rule that the government may not retaliate against people for protected speech. The firm represents people penalized for criticizing officials, for reporting on or recording the government, or for expressing views a public body wanted suppressed, whether the retaliation takes the form of an arrest, a firing, a charge, or another official act.

Academic freedom and higher education

Faculty and students at public institutions, and at private universities that hold themselves out as committed to free expression, have expression rights that the institution cannot lightly override. The firm represents professors and others in academic-freedom disputes. It filed suit on behalf of three Emory University professors after the university pursued charges against them following a 2024 campus protest; the charges were later dismissed. The matter has been covered by the Associated Press and other outlets.

Protest and assembly

The right to assemble and protest is among the most established in the First Amendment, and also among the most frequently tested, through arrests at demonstrations, selective enforcement of permit and ordinance rules, and charges brought to break up an assembly. The firm represents people arrested or charged for participating in protected protest and assembly.

Challenges to government silencing

Some First Amendment cases are not about a single arrest but about a rule or practice: a policy that conditions a benefit on giving up expression, a scheme that lets officials pick and choose which speakers to allow. The firm challenges laws and practices that let the government silence people, seeking to strike them down or narrow them, not just to compensate the person in front of it.

Coverage: MSGF’s First Amendment work has been covered by the Associated Press, The Emory Wheel, and others. See our news.

Representative results

$1.1M

Settlement · Civil rights / false arrest and free speech

A series of civil rights settlements against a Georgia city and its police officers, recovering more than $1,000,000 for clients who were falsely arrested or punished for speaking out.

$215K

Settlement · Civil rights / First Amendment

A settlement resolving a First Amendment claim over religious ministry in a county jail.

See all results →

Representative work

Briefs and filings in this area, with the documents as filed.

Amicus brief for University of Mississippi faculty in a First Amendment appeal

Stokes v. BoyceU.S. Court of Appeals for the Fifth CircuitFiled July 23, 2026Pro bono

Filed on behalf of three University of Mississippi faculty members, supporting the appeal of a university employee fired over a social media post. The brief sets out the university’s own history of suppressing speech on matters of public concern, and argues that history is the lens through which its stated reason for the firing should be read.

Read the filing

Frequently asked questions

Does the First Amendment apply to a private university?

The First Amendment restrains the government, so it applies directly to public institutions. A private university can still be held to free-expression commitments it has made to its faculty and students, and other claims may apply.

Can I be arrested for protesting or recording the police?

You have the right to assemble, to protest, and to record the government in public. An arrest aimed at punishing that protected activity can violate the First Amendment, though the law in this area is nuanced. If you were arrested or charged in connection with protected expression, we can assess your situation.

What relief is available in a First Amendment case?

Depending on the case, relief can include an injunction stopping the government’s conduct, an order striking down or narrowing an unconstitutional law or policy, and money damages for the harm already done. Many of these cases move on an expedited schedule.