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Unanimous Court Rules FTCA Bars Suit Against Federal Officers

Constitutional Law Reporter

S. _ (2021), the Supreme Court ruled that the Federal Tort Claims Act barred college student James King’s claims of police brutality. The Court unanimously held that the district court’s dismissal of King’s claims under the FTCA triggered the “judgment bar” in 28 U.S.C. In Brownback v.

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Police Suggest Possible Charges for Those Who Filmed Rape on Train

JonathanTurley

We also discussed a torts case involving a delay in calling police, but that case involved people who were deemed partially responsible for a death. In 2009, the New York courts ruled that Metro workers were not legally required to assist a woman being raped at a station. In torts, there is no duty to rescue rule.

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Supreme Court Limits Standing for Class-Action Suits Under FCRA

Constitutional Law Reporter

The District Court ruled that all class members had Article III standing on each of the three statutory claims. Justice Kavanaugh wrote: Under longstanding American law, a person is injured when a defamatory statement “that would subject him to hatred, contempt, or ridicule” is published to a third party.

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

JonathanTurley

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.

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Guest Commentary: New Italian Constitutional Reform: What it Means for Environmental Protection, Future Generations & Climate Litigation

ClimateChange-ClimateLaw

On February 8, 2022, the Chamber of Deputies of the Italian Republic gave its final approval to the proposed constitutional law A.C.3156-B 3156-B providing environmental protection amendments to Articles 9 and 41 of the Italian Constitution. By Riccardo Luporini, Matteo Fermeglia, and Maria Antonia Tigre. In Neubauer, et al.

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Two Professors Face Discipline After Posting Flyers Denouncing a Conservative Colleague

JonathanTurley

Sullivan’s lawsuit was one of a number of civil actions brought under state laws that targeted Northern media covering the violence against freedom marchers. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press.

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Stern Rebuke: Auburn University Hit With Punitive Damages in Free Speech Case

JonathanTurley

In its earlier summary judgment ruling , the court began with a discussion of the highly analogous case of Pickering v. 205 , 391 U.S. 563, 574 (1968).