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.

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JonathanTurley

OCTOBER 19, 2021

The law further states “The duty to notify a person or agency under this section is met if a person notifies or attempts to provide such notice by telephone or any other means as soon as reasonably possible.”. I am unaware of such a law in Pennsylvania, but these laws are rarely enforced. The language of this Court in Brown v.

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JonathanTurley

JULY 2, 2023

There is an interesting debate unfolding around the country in the aftermath of the Supreme Court barring the use of race in college admissions. For decades, colleges and universities have sought to downplay the weight given to race in court while insisting that it was one of a number of factors used in maintaining diversity.

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JonathanTurley

SEPTEMBER 27, 2021

Here is the column: This past week the American Civil Liberties Union honored the late Supreme Court Justice Ruth Bader Ginsburg on the one-year anniversary of her death — by rewriting her famous defense of a woman’s right to abortion to remove offensive language. This already is being litigated in some lower courts.

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JonathanTurley

MAY 31, 2021

Some have called for the change to increase diversity in the schools, particularly after California voters refused to change the long ban on affirmative action in education under state law. Here is the column: The Supreme Court will decide early next month whether to take a new case on the use of race in college admissions.

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JonathanTurley

JUNE 4, 2022

New York has long been the source of major litigation over gun control. That includes the possible loss before the Supreme Court in a pending major gun rights case. Now, New York has moved to ban anyone under age 21 from buying or possessing a semi-automatic rifle in response to the recent shootings at a supermarket in Buffalo.

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JonathanTurley

APRIL 23, 2021

The standard for defamation for public figures and officials in the United States is the product of a decision over 50 years ago in New York Times v. The New York Times had run an advertisement referring to abuses of civil rights marchers and the arrest of Martin Luther King Jr. seven times.

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JonathanTurley

OCTOBER 18, 2021

Below is my column in the Hill on the makings of a blockbuster case in New York State Rifle & Pistol Association Inc. Bruen, the first major gun rights case before the Supreme Court in ten years. The court will soon take up New York State Rifle & Pistol Association Inc. Penal Law § 400.00(2)(f)

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JonathanTurley

MARCH 22, 2021

As Eugene Volokh correctly pointed out , the California Labor Code protects “political activities” employees and the California Supreme Court ruled in Gay Law Students Ass’n v. If necessary, he can sue and prevail in court. Veteran reporter Donald McNeil Jr.,

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JonathanTurley

MARCH 21, 2021

While it has received little coverage in the mainstream media, the conservative group Project Veritas won a major victory against the New York Times this week in a defamation case with potentially wide reach. Notably, this follows another significant loss by the New York Times to Sarah Palin last year. seven times.

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JonathanTurley

JANUARY 23, 2024

The founder of the New York Society for the Suppression of Vice fought to criminalize the mailing of any obscene work, a broadly define category that included protected political speech. In a 2002 ruling, the U.S. It appears that Anthony Comstock is having something of a revival in Oklahoma. In Ashcroft v. Ohio , 378 U.S.

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JonathanTurley

OCTOBER 25, 2021

The problem is that the courts already recognize some religious exemption arguments. Those arguments are based on both the constitutional protection of religious values but also laws like Title VII of the Civil Rights Act, 42 U.S.C. There is a move in many states to refuse to allow such exemptions, but courts have pushed back.

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SCOTUSBlog

DECEMBER 31, 2022

Share At the end of each year, SCOTUSblog remembers some of the people whose lives and work left an imprint on the Supreme Court. From legendary lawyers to lesser-known activists, journalists, and plaintiffs, the following individuals who died in 2022 all shaped the court and the law in their own ways. David Beckwith (Oct.

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JonathanTurley

OCTOBER 7, 2022

I previously wrote about the latest New York gun law passed after the Court’s ruling in New York State Rifle and Pistol Association v. New York Democratic Gov. Once again, it is baffling why New York voters continue to enable this type of leadership. Instead, Gov.

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JonathanTurley

MAY 9, 2021

There is an interesting First Amendment case brewing in New York after an appellate ruled that a mother identified as Christie could lose custody of her daughter unless she removes a rock with a small confederate flag image on it in the driveway. The lower court rejected demands for sole custody of both parents.

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JonathanTurley

NOVEMBER 23, 2022

I have previously written about how New York has proven time and time again as the gift that keeps on giving for the National Rifle Association (NRA) and gun-rights groups. New York Democrats continue to pass laws that are virtually guaranteed to be struck down and further reinforce Second Amendment rights.

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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.

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JonathanTurley

APRIL 26, 2024

Below is my column in the New York Post on yesterday’s oral arguments on presidential immunity. As expected, with the exception of the three liberal justices, the Court appears to be struggling to find a more nuanced approach that would avoid the extreme positions of both parties. Fitzgerald. Yet in 1974’s United States v.

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JonathanTurley

JULY 24, 2024

Below is my column in the New York Post on the ruling against Nina Jankowicz in her defamation case. It turns out the calling opposing views defamation is no better than calling them disinformation. The objections to her work were called false and she insisted that she was really not seeking to censor people with her work.

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JonathanTurley

AUGUST 25, 2021

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. In New York Times v. This is such a case in my view. In 2002, the U.S. In Ashcroft v.

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JonathanTurley

JANUARY 31, 2021

I was therefore gladdened by the Supreme Court ruling 8-1 in favor of the free speech in the case, even if it meant a victory for odious Westboro Church. The Court in cases like New York Times v. In New York Times v. The court acknowledges that “the most troublesome statement in the column. [is]

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JonathanTurley

SEPTEMBER 9, 2021

There is an interesting ruling this week out of New York where a federal court has ruled in favor of a conservative student group alleging that the State University of New York at Binghamton has engaged in a pattern of censorship of conservative speakers and events. I disagree. Coughlin , 58 F.3d

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JonathanTurley

OCTOBER 3, 2021

This week, the Supreme Court will again assemble for a new term and pundits and politicians are already handicapping the cases. This term however has more drama and tension as Democrats call for packing the Court with an instant liberal majority and others attack its members in anticipation of opinions that have yet to be written.

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JonathanTurley

FEBRUARY 13, 2023

For example, New York and numerous other cities have declared themselves to be “sanctuaries” for undocumented immigrants yet, in recent months, have protested increasing transfers of such immigrants to their jurisdiction. In City of Richmond v.

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JonathanTurley

JANUARY 3, 2022

Below is my column in the Hill on upcoming year for the Supreme Court. The Court’s docket is likely to put the institution at ground zero of a heated election year. Here is the column: The late Justice Ruth Bader Ginsburg once observed that “it’s hard not to have a big year at the Supreme Court.” Gun rights.

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JonathanTurley

DECEMBER 17, 2020

New York Gov. The first “technical change” would be to rescind the law. Tam the Court ruled against the government’s use of the disparagement clause of the Lanham Act. This law in my view is flagrantly unconstitutional and should be immediately challenged in federal court.

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JonathanTurley

APRIL 29, 2023

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.

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JonathanTurley

APRIL 27, 2021

The Project recently won a significant victory in defeating such a motion from the New York Times. The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in New York Times v. Project Veritas has been accused of misleading edits or accounts.

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JonathanTurley

JUNE 24, 2024

Here is the column: In 1976, Saul Steinburg’s hilarious “View of the World from 9th Avenue” was published on the cover of the New Yorker. The map showed Manhattan occupying most of the known world with wilderness on the other side of the Hudson River between New York and San Francisco. In Gonzalez v.

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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 Supreme Court reversed an intermediate appellate court’s decision affirming a superior court determination that the defendant could not present a necessity defense.

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JonathanTurley

JULY 15, 2022

The President and the Court appear in agreement. Here is the column: “Consider the challenge accepted, Court.” ” Ironically, it was the only part of the president’s remarks that is consistent with what the court actually said in its decision in Dobbs v. .” Jackson Women’s Health Organization.

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JonathanTurley

JULY 2, 2024

Below is my column in the New York Post on the Supreme Court’s historic presidential immunity decision. Yet, the reaction to the Court’s decision has been baffling from academics who did not raise a whimper of opposition when President Barack Obama killed an American citizen without a trial or a charge.

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JonathanTurley

NOVEMBER 22, 2022

One of the leading cases occurred in 1952 in a New York lawsuit. With 382 saleswomen and models, the court found that the group was too large. However, with the 25 salesmen, the court found that an action could be maintained. The Court in cases like New York Times v. In Neiman-Marcus v. Confidential.”

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JonathanTurley

FEBRUARY 3, 2022

The complaint alleges that the defendants sought to “obstruct a constitutional proceeding by intimidating and retaliating against a key witness.” It seeks an order from the court to “permanently enjoin” the defendants from violating said laws again despite the fact that they are now private citizens.

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JonathanTurley

JUNE 3, 2022

The massacre has already been used as the basis for calls to end the filibuster, pack the court, limits on gun ownership, and outright bans. The rhetoric is again outstripping the reality of constitutional and practical limits for gun control. After the mass shooting at a Buffalo supermarket , New York’s Gov.

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JonathanTurley

APRIL 18, 2023

In the past, politicians in cities like New York, Chicago and Washington, D.C., Courts likely would press the Biden administration on why it is seeking to ban this model when other higher-caliber weapons are sold. Moreover, the earlier ban was imposed in 1994 — before the Supreme Court ruled in District of Columbia v.

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JonathanTurley

MAY 23, 2021

A new lawsuit by the Chinese American Civil Rights Coalition has garnered national attention in the media where former President Donald Trump is being sued for his use of such terms as the “Chinese Virus,” “China Virus,” “Wuhan Flu,” and “ Kung Flu.” Major loser, zero credibility!”

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