Remove Constitutional Law Remove Court Rules Remove Drafting
article thumbnail

Vermont dispatch: Proposal 2 would remove language of slavery, indentured servitude from state constitution

JURIST

To be clear, Vermont does not currently allow either in any form, but there is antiquated language in the state constitution that allows for certain exceptions. In the Founding Era, numerous other states used Vermont’s constitution as a model when drafting their own constitution, including the slavery exceptions.

Drafting 197
article thumbnail

Pot Shop Owner Faces Possible Criminal Charge After Profane Diatribe Against Police Officer

JonathanTurley

The court ruled that “mere epithets” directed at a law enforcement officer are not exempt from First Amendment protections as fighting words. The Supreme Court has routinely ruled that the First Amendment protects profanity. In 1971, the Court ruled in Cohen v. California , 403 U.S. Hill , 482 U.S.

Insiders

Sign Up for our Newsletter

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

article thumbnail

British Court Rules Against The Press In Lawsuit By Meghan, The Duchess of Sussex

JonathanTurley

There is no dispute that the Electronic Draft and the Letter were both literary works, which were recorded in writing in or before August 2018. Given that the Letter is entirely derivative of the Electronic Draft, there is an issue as to whether the requirement of originality is met.

article thumbnail

Can More Jury Trials Save the Justice System?

The Crime Report

“Expansion of the jury trial right would constitute a meaningful structural reform in democratizing criminal justice, at a time when such change is needed to establish the popular legitimacy of the criminal justice system,” writes J.D. King in a paper published in the University of Pennsylvania Journal of Constitutional Law.

article thumbnail

Eleventh Circuit Rejects Transgender Student’s Challenge to Bathroom Policy

JonathanTurley

On December 30, the United States Court of Appeals for the Eleventh Circuit handed down a major opinion in in Adams v. The court ruled 7-4 against a statutory and constitutional challenge of a transgender student to a district policy requiring students to use bathrooms corresponding to their biological sex.

Sports 59
article thumbnail

Federal Court Strikes Down Another Provision of New York’s New Gun Control Law

JonathanTurley

Nigrelli : where the court ruled that the private property exclusion violates the Second Amendment. The state might have been able to reinforce an important right of private business owners to exclude guns with a reasonable drafting of the law. The new decision comes from Judge John Sinatra (W.D.N.Y.) in Christian v.

Laws 59
article thumbnail

Federal Judge Enjoins Illinois’ Assault Weapon Ban

JonathanTurley

The decision comes after two other district courts ruled in favor of the law — sending this issue to the United States Court of Appeals for the Seventh Circuit and potentially the Supreme Court. Moderate efforts at gun control are often ramped up in the legislative process to become more and more sweeping.

Court 59