Remove Constitutional Law Remove Court Remove Court Rules Remove Ohio
article thumbnail

Policing Pronouns: How “Misgendering” is Becoming the New Battleground Over Discrimination

JonathanTurley

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.

article thumbnail

Comstocking Sexting: Oklahoma Bill Seeks to Criminalize Sending Lewd Images Outside of Marriage

JonathanTurley

In a 2002 ruling, the U.S. Supreme Court ruled against a provision of federal law that banned computer simulations and virtual pornography under the first amendment. The bill is presumptively unconstitutional in my view, but the Court made an unholy mess of this area in its rulings on obscenity.

Insiders

Sign Up for our Newsletter

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

Trending Sources

article thumbnail

MSNBC Analyst Calls for Liability for Boebert and Carlson … for the Colorado Shootings

JonathanTurley

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. I was, therefore, gladdened by the Supreme Court ruling 8-1 in favor of free speech in the case, even if it meant a victory for odious Westboro Church.

Tort 41
article thumbnail

Chico State University Employee Pleads Guilty of Hate Crime in Potential Violent Speech Case

JonathanTurley

Ohio , the Supreme Court ruled in 1969 that even calling for violence is protected under the First Amendment unless there is a threat of “ imminent lawless action and is likely to incite or produce such action.”. That is legitimately concerning and chilling language. In Brandenburg v.

article thumbnail

Trump’s Surprise Witness: Rep. Waters Becomes A Possible Witness Against Her Own Lawsuit

JonathanTurley

Ohio , where the Supreme Court stressed that even “advocacy of the use of force or of law violation” is protected unless it is imminent. These civil lawsuits actually raise claims like the infliction of emotional distress that were directly and unequivocally rejected by the Supreme Court. Trump’s Jan.

article thumbnail

Democratic Governor Calls For Criminalizing “Lying” About Election Results

JonathanTurley

Inslee’s proposals raise the same questions that we discussed in relation to “stolen valor” laws. The Supreme Court struck down the Stolen Valor Act. Alvarez , the Court held 6-3 that it is unconstitutional to criminalize lies — in that case lying about receiving military decorations or medals. In Lamont v.

article thumbnail

“Without any Doubt, Beyond a Reasonable Doubt, Beyond any Doubt”: Tribe Declares Trump Committed Attempted Murder

JonathanTurley

It was due to the paucity of direct evidence of a crime that would hold up in court. LEXIS 1033 *, 2021 WL 633384, the court noted: Attempted murder requires a finding of specific intent to kill such that implied malice is insufficient to support a conviction for that offense. See People v. Gillespie, 2022 Cal. Indeed, in People v.