Constitutional Law Reporter

APRIL 10, 2024

Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. The District Court found that because Freed managed his Facebook page in his private capacity, and because only state action can give rise to liability under §1983, Lindke’s claim failed. In Lindke v.

Court 52

Court Cause of Action Government Court Rules 52

JonathanTurley

MAY 25, 2021

50-5-85’s inclusion of “other actions that are intended to limit commercial relations with Israel” makes the statute impermissibly vague. Judge Cohen also found the language to be unconstitutionally vague under the Fourteenth Amendment: Here, O.C.G.A. § O.C.G.A. §

Court Rules 36

Court Rules Contract Laws Court 36

JonathanTurley

NOVEMBER 14, 2021

However, the most damaging moment came outside of the presence of the jury when the judge drilled down on the law. He told the prosecutors “I have been wrestling with this statute with, I’d hate to count the hours I’ve put into it, I’m still trying to figure out what it says, what’s prohibited. I have a legal education.”

Statute 56

Statute Misdemeanor Criminal Law Felony 56

Constitutional Law Reporter

SEPTEMBER 15, 2021

The District Court ruled that all class members had Article III standing on each of the three statutory claims. The post Supreme Court Limits Standing for Class-Action Suits Under FCRA appeared first on Constitutional Law Reporter. Robins, 578 U.S.

Court 52

Court Cause of Action Tort Punitive Damages 52

JonathanTurley

MAY 12, 2021

.” The language of the statute in my view is unconstitutional due to its sweeping criminalization of any “curse or abuse” that could “provoke a breach of the peace.” ” However, the appellate panel corrected noted that such laws are narrowly construed in light of controlling precedent.

Statute 38

Statute Misdemeanor Court Rules Court 38

Constitutional Law Reporter

JULY 12, 2023

Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. According to the eight-member majority, “federal courts are generally not the proper forum for resolving claims that the Executive Branch should make more arrests or bring more prosecutions.”

Immigration 52

Immigration Court Rules Court Entertainment 52

JonathanTurley

OCTOBER 18, 2021

In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v. City of Chicago , the court ruled that this right applied against the states. Penal Law § 400.00(2)(f) Heller , recognizing the Second Amendment as encompassing an individual right to bear arms.

Court 40

Court Litigation Litigating Laws 40

JonathanTurley

SEPTEMBER 9, 2021

Free speech has always held a precarious position in Australia which does not have an equivalent to the First Amendment in guaranteeing free speech as a constitutional right. Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. 47 U.S.C. § 230(e)(3).

Tort 33

Tort Court Compensatory Damages Punitive Damages 33

JonathanTurley

JANUARY 14, 2024

District Judge Kathryn Kimball Mizelle has ruled that the federal law prohibiting people from possessing firearms inside post offices is unconstitutional. The ruling is based on 2022 Supreme Court ruling New York State Rifle & Pistol Association v. The case concerned Emmanuel Ayala, U.S. 18 U.S.C. §

Statute 51

Statute Government Court Court Rules 51

SCOTUSBlog

OCTOBER 28, 2022

In 2019, the court ruled in Rehaif v. United States that to be convicted under the felon-in-possession statute, the government has to prove not only that the defendant knowingly possessed a gun, but that he knew he was prohibited from doing so. By its terms, it doesn’t apply to new rules of statutory interpretation.

Felony 99

Felony Statute Government Court 99

Constitutional Law Reporter

FEBRUARY 1, 2022

Department of Labor, Occupational Safety and Health Administration , the Court held that the vaccine-or-testing rule established by the U.S. Missouri , the Court ruled that the Centers for Medicare & Medicaid Services (CMS) rule should be allowed to take effect nationwide as the lower courts consider legal challenges.

Healthcare 52

Healthcare Court Constitutional Law Statute 52

JURIST

JULY 1, 2024

The US Supreme Court on Monday vacated and remanded lower court rulings regarding the constitutionality of statutes enacted by Florida and Texas to regulate large social media companies’ content moderation practices. Key to the court’s ruling in Moody v.

Court 223

Court Laws Constitutional Law Statute 223

JonathanTurley

SEPTEMBER 2, 2023

We recently discussed a federal court ruling that the Texas law requiring age verification and warning for porn sites was unconstitutional. Now, Judge Timothy Brooks in Arkansas has found that another state law imposing age verification requirements for social media violates the First Amendment. In Netchoice, LLC v.

Laws 39

Laws Court Statute Attorney 39

JonathanTurley

MAY 25, 2021

Notably, this attack occurred when the courts were conducting a major review of this law. In 2018, the Court of Appeal of Kansas address a case of a citizen grand jury. The district court erred when it held that Davis was required to allege specific facts in his petition. Davis has met this standard.”

Statute 40

Statute Laws Court Court Rules 40

JonathanTurley

OCTOBER 25, 2021

The appellate court was already expediting review of the case, and the dismissal was “without prejudice.” ” The health care workers can refile if circumstances change or if the appellate court rules against them. They also can refile if the lower court has not reached a decision by Oct.

Government 42

Government Court Laws Law School 42

JonathanTurley

FEBRUARY 7, 2023

They have asked for the dismissal of the indictment for lack of jurisdiction since the Court ruled in Dobbs that “the Constitution does not confer a right to abortion.” That does not mean that the Court was right and many disagree with the holding. That included 21 of the 27 ratifying states.

Court 42

Court Laws Statute Contract 42

JonathanTurley

JULY 27, 2021

Stutzman the owner added a religious hostility claim after Masterpiece cakeshp but on June 6, 2019, the Washington Supreme Court unanimously ruled against Stutzman. Then the Supreme court denied certiorari in July 2021. On June 15, 2021, a Colorado District Court ruled in Scardina v.

Court 45

Court Laws Manufacturing Statute 45

JonathanTurley

APRIL 26, 2024

It has been almost 50 years since the high court ruled presidents have absolute immunity from civil lawsuits in Nixon v. The court held ex-President Richard Nixon had such immunity for acts taken “within the ‘outer perimeter’ of his official responsibility.” Fitzgerald. Yet in 1974’s United States v.

Criminal Law 73

Criminal Law Court Court Rules Attorney 73

JonathanTurley

NOVEMBER 6, 2022

She filed a discrimination lawsuit in federal court under the Oregon Public Accommodations Act’s (“OPAA”) prohibition against discrimination on the basis of gender identity. Zeba Blay, No, The ‘Hamilton’ Casting Call for ‘Non-White’ Actors Is Not Reverse Racism, HuffPost (Mar. 31, 2016, 12:30 PM), [link]. He was joined by U.S.

Entertainment 38

Entertainment Statute Court Court Rules 38

JonathanTurley

DECEMBER 31, 2022

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 50

Sports Court Court Rules Drafting 50

JonathanTurley

AUGUST 25, 2021

The case is brought under statutes like 18 U.S.C. Civil and statutory claims can be curtailed by constitutional limitations. Supreme Court ruled against a provision of federal law that banned computer simulations and virtual pornography under the first amendment. This is such a case in my view. In 2002, the U.S.

Personal Injury 41

Personal Injury Court Rules Tort Statute 41

SCOTUSBlog

APRIL 17, 2023

Federal law bars employers from firing workers for practicing their religion unless the employer can show that the worker’s religious practice cannot “reasonably” be accommodated without “undue hardship.” In 1977, the Supreme Court ruled in Trans World Airlines v.

Stare Decisis 119

Stare Decisis Government Court Statute 119

JonathanTurley

NOVEMBER 12, 2021

Courts have uniformly upheld the right of employers to impose mandatory vaccination or testing requirements as a condition for employment; states have enhanced authority over such public health measures, too. Ironically, the Supreme Court warned against such sudden agency “finds” of regulatory authority.

Court 37

Court Statute Small Business Lawyer 37

JonathanTurley

OCTOBER 8, 2022

Now, the Delaware Supreme Court has rejected a Democratic universal mail-in voting law as unconstitutional. The Delaware Supreme Court ruled on Friday that a state law enacting universal mail-in voting violated the state’s constitution.

Court 43

Court Construction Statute Laws 43

JonathanTurley

JUNE 24, 2024

However, the court denied him the right to have a jury rule on the key issue of whether these prior offenses occurred on different occasions. The court ruled that a jury had to decide this issue unanimously under a standard of beyond reasonable doubt.

Legal 56

Legal Legal Laws Court 56

JonathanTurley

FEBRUARY 3, 2022

Putting aside a later defamation action (though the statute of limitations is a concern), the filing could present an interesting question of whether the statute can be used to chill or curtail free speech. That was the concern that led the Supreme Court to curtail defamation actions.

Punitive Damages 37

Punitive Damages Tort Attorney Statute 37

JonathanTurley

JUNE 29, 2022

In an unanimous 6-0 ruling, the Michigan Supreme Court held that her office committed a fatal and inexplicable error in prosecuting nine officials for the Flint water crisis, including former Gov. Nessel then restarted the prosecutions anew but ignored statutes that clearly do not allow the use of a single judge to issue indictments.

Attorney 47

Attorney Statute Felony Court Rules 47

JonathanTurley

DECEMBER 5, 2021

The 1896 ruling of Plessy v. Board of Education of Topeka, roughly 58 years after it was written; the court ruled that its Plessy decision was egregiously wrong — one in a long list of reversals celebrated today. Ferguson was overturned in Brown v. This includes Lawrence v.

Stare Decisis 8

Stare Decisis Court Laws Legal 8

SCOTUSBlog

DECEMBER 31, 2022

In court papers, she was identified only as “L.C.”. Four years later, her case reached the Supreme Court. In a 6-3 opinion by Justice Ruth Bader Ginsburg, the court ruled in Olmstead v. It has been hailed as one of the most important civil-rights decisions for people with disabilities.

Court 91

Court Lawyer Lawyers Law School 91

JonathanTurley

NOVEMBER 8, 2022

Democratic Senate candidate John Fetterman and other Democrats have filed a federal lawsuit to strike down parts of Pennsylvania’s election law after the state Supreme Court ruled that mail-in ballots with incorrect dates or no dates should not be counted.Fetterman is challenging the state law on constitutional and federal statutes.

Lawyers 46

Lawyers Lawyer Court Laws 46

JonathanTurley

NOVEMBER 29, 2021

After Dobbs was accepted with its 15-week limit, advocates sought to enjoin a Texas law that banned abortion after just six weeks. The court ruled 5-4 to allow the Texas law to be enforced.

Stare Decisis 36

Stare Decisis Court Laws Law School 36

JonathanTurley

JUNE 17, 2022

The Court wrote that “[s] ince the statute does not specify the elements of “attempt to kill,” they are those required for an “attempt” at common law, … which include a specific intent to commit the unlawful act. Indeed, such a claim would contradict controlling Supreme Court precedent.

Mens Rea 40

Mens Rea Law School Laws Felony 40

ClimateChange-ClimateLaw

AUGUST 4, 2021

Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. The court further found that EPCA’s legislative history did not support the plaintiff’s “expansive interpretation.” BP p.l.c. ,

Court 40

Court Litigation Litigating Government 40

JonathanTurley

MARCH 31, 2021

COUNT FOUR (Violation of a Public Safety Statute: D.C. COUNT FIVE (Violation of a Public Safety Statute: D.C. That claim runs directly counter to the controlling case law. In rejecting a suit against the church on constitutional grounds, Chief Justice John Roberts wrote: “Speech is powerful. .” In Brandenburg v.

Punitive Damages 45

Punitive Damages Tort Statute Court 45

JonathanTurley

SEPTEMBER 17, 2021

For example, in terminating policies like Trump’s “Remain in Mexico” policy, the Supreme Court ruled that Biden acted in violation of the federal law. During the Trump Administration, Democrats denounced the failure by Trump to satisfy the same statute. It should sound familiar.

Court 37

Court Immigration Laws Legal 37