First Amendment and Constitutional Law

Government has considerable power and resources as it implements the will of the people in society. The United States Constitution serves as a check on that power, with the Bill of Rights expressly prohibiting government from intruding into fundamental areas of civic life.

The First Amendment prohibits government from abridging speech, ensuring the free exchange of ideas and the ability to associate in the public square. Government may not silence its critics. Nor may its resources be used to intimidate speakers, invade privacy, or silence points of view with which it, or the people, disagree.

The First Amendment also prohibits government intrusion into religious faith and conscience. Government may not compel religious participation or establish a particular religion. Nor may it target religious beliefs and practices with which it disagrees that are sincerely held and followed.

The Fourteenth Amendment’s due process and equal protection provisions further protect these rights. Due process ensures that government hearings and administrative procedures are fair and impartial. Fundamental rights like speech and religious liberty may not be restrained without compelling justification. And equal protection demands equal justice under the law, prohibiting government discrimination against disfavored points of view.

Milanovich Law, PLLC provides its clients with considerable expertise protecting these constitutional rights. We have substantial litigation experience bringing free speech, establishment clause, and free exercise claims, and asserting due process, equal protection and privacy rights, including:

  • Judicial speech and judicial candidate speech,
  • Political committee status and disclosure requirements,
  • Campaign finance prohibitions and restrictions,
  • Government speech,
  • Religious liberty, and
  • Procedural due process before government agencies.

In protecting our clients’ constitutionally-protected rights, our firm provides them with comprehensive litigation representation from start to finish. We have substantial experience preparing pre-enforcement complaints, motions to intervene, and counterclaims, and seeking temporary restraining orders and preliminary injunctions at case initiation. We have pursued First Amendment privilege and donor privacy protection throughout discovery, including depositions. We have had laws declared unconstitutional through summary judgment, and have sought reconsideration, emergency injunctions and writs of mandamus where needed. And we have briefed and argued before panel and en banc federal appellate courts; briefed and argued certified questions before state supreme courts; and filed applications for injunctions, petitions for certiorari, and amicus briefs with the United States Supreme Court.

Contact Us

Contact Milanovich Law, PLLC

100 E Broadway St.
The Berkeley Room
Butte, MT 59701
United States

Free Initial Consultation