Remove Constitutional Law Remove Construction Remove Criminal Law
article thumbnail

FISA Report: FBI Continues to Violate FISA and Improperly Sought Information on Senator and Judge

JonathanTurley

The problem is that Wray has continued to refuse to answer the most basic questions about the FISA abuses, including a baffling denial that he even knew what “parallel construction” means in his testimony before this Committee this week. It hides the true origins of evidence from courts and in some cases, Congress.

article thumbnail

Supreme Court Upholds Ban on Encouraging Illegal Immigration

Constitutional Law Reporter

However, it went on to adopt a very narrow approach concluding that Congress used “encourage” and “induce” as terms of art referring to criminal solicitation and facilitation (thus capturing only a narrow band of speech). Justice Jackson argued that the majority abandoned traditional tools of statutory construction to reach its result. “It

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

UNC Law Student Who Questioned Racial Incident Is Disqualified From Running For New Office

JonathanTurley

For example, in reviewing a criminal law (which is admittedly raises a more heightened concern), the Court in C onnally v. General Construction Co. , 269 U.S. There is narrower interpretation possible in this controversy under a type of e jusdem generis construction (“of the same kinds, class, or nature”).

Laws 40
article thumbnail

Australia High Court Delivers Major Blow to Free Speech In Defamation Ruling

JonathanTurley

This has long been a controversial element under the FCA because it was largely the result of judicial not congressional construction. 47 U.S.C. § We discussed this issue in relation to the Sixth Circuit’s arguments in Jones v. Dirty World Entertainment. A gossip blog, The Dirty, appealed the decision of U.S.

Tort 40
article thumbnail

Supreme Court narrowly interprets ban on “encouraging or inducing” immigrants to remain unlawfully in the United States

SCOTUSBlog

An expansive reading of the statute, the court recognized, would arguably criminalize political advocacy or general encouragement. The court focused on the specialized definitions of “encourage or induce,” which it said have well-established meanings that are pervasive in both federal and state criminal law.

article thumbnail

Sioux Tribe Imposes Language Criterion For Priority Vaccinations

JonathanTurley

Smith (1990) , the Supreme Court rejected the claim of exemption of tribes from the federal criminal prohibition on the sue of peyote from the general application of its criminal laws. Conversely, in Morton v.

article thumbnail

Open Borders and Closed Courts: How the Supreme Court Laid the Seeds for the Immigration Crisis

JonathanTurley

One of the first things that Biden did when coming into office was to seek to shut down policies and construction used to deter unlawful migration. Mayorkas is carrying out the policies of President Biden, who continues to praise his work and the worst record of enforcement in history.