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

NOVEMBER 4, 2021

We have been discussing ( here and here and here ) the Supreme Court challenge in New York State Rifle & Pistol Association Inc. Bruen , the first Second Amendment case before the Supreme Court in over ten years. City of Chicago , the court ruled that this right applied against the states.

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JonathanTurley

NOVEMBER 2, 2021

On Wednesday, the Supreme Court will take up arguably the oldest and most controversial right in our history. New York State Rifle Association v. Bruen is the first major gun rights case in over ten years to come before the Supreme Court and it has the makings of a major gun rights victory in the making.

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JonathanTurley

JULY 23, 2024

The United States Court of Appeals for the Eighth Circuit has handed down a major ruling in Worth v. The opinion by Judge Duane Benton upholds a lower court in striking down a Minnesota law limiting gun permits for persons 21 years old. They are clearly “people” under the Constitution.

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Constitutional Law Reporter

JUNE 25, 2024

Supreme Court ruled that the National Rifle Association (NRA) may continue its First Amendment lawsuit against the former head of New York’s Department of Financial Services. The Supreme Court also reaffirmed its holding in Bantam Books, Inc. In National Rifle Association of America v.

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JonathanTurley

JANUARY 13, 2021

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. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. Obviously, truth remains a defense.

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JonathanTurley

JANUARY 7, 2025

There is an interesting defamation case out of New York in which the Second Circuit upheld the dismissal of the lawsuit by Louis Farrakhan and the Nation of Islam (NOI) against the Anti-Defamation League (ADL) and individual defendants Jonathan Greenblatt, the Simon Wiesenthal Center, and Rabbi Abraham Cooper. In Farrakhan v.

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JonathanTurley

JANUARY 8, 2022

Such a criminal law would be ripe for abuse and would create a chilling effect that would be positively glacial. This country has a long history of election fraud from Tammany Hall in New York to the Daley machine in Chicago. The Supreme Court struck down the Stolen Valor Act. In United States v. In Brandenburg v.

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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

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

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

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

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

FEBRUARY 7, 2025

.” Putting aside the obvious violation of the sanctity of the confessional, it presents a novel problem for priests if they both encourage the faithful to unburden themselves while at the same time reminding them anything that they say can and will be used against them in a court of law. Accordingly, under Canon 983.1,

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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

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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SCOTUSBlog

JUNE 27, 2023

Share The Supreme Court on Tuesday threw out the conviction of Billy Raymond Counterman, a Colorado man who was sentenced to four-and-a-half years in prison for stalking based on his Facebook messages. Counterman came to the Supreme Court last summer, asking the justices to weigh in.

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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

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

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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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

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

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

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

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

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

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

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

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

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

MARCH 26, 2022

I recently wrote a column on the hypocrisy of Democratic activists and members denouncing attacks on democracy as they engage in raw gerrymandering in states like New York. It is important to note that Republicans have also had courts rule against them in states like North Carolina and Pennsylvania).

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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

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

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

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

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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SCOTUSBlog

JUNE 26, 2023

Share The Supreme Court on Monday added two new cases to its docket for the 2023-24 term, involving educational benefits for veterans and a rare appearance by the 16th Amendment. A Washington state couple, Charles and Kathleen Moore, went to federal court to challenge the tax. In Moore v. In the second case, Rudisill v.

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