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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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Police Suggest Possible Charges for Those Who Filmed Rape on Train

JonathanTurley

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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Sioux Tribe Imposes Language Criterion For Priority Vaccinations

JonathanTurley

Smith (1990) , the Supreme Court rejected the claim of exemption of tribes from the federal criminal prohibition on the sue of peyote from the general application of its criminal laws. Mayes (1896) where the Court declined to apply individual rights protections to a tribal proceeding. Conversely, in Morton v.

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Second Circuit Strikes Down Critical Provisions in New York’s Most Recent Gun Control Law

JonathanTurley

I have previously written how New York has been the gift that keeps on giving for the National Rifle Association and other gun rights groups. The latest is a ruling by the United States Court of Appeals for the Second Circuit striking down key provisions of the law passed after the Bruen decision. New York Democratic Gov.

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Federal Court Strikes Down Another Provision of New York’s New Gun Control Law

JonathanTurley

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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The Constitutional Abyss: Justices Signal a Desire to Avoid Both Cliffs on Presidential Immunity

JonathanTurley

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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“The Framers Weren’t Perfect, but They Weren’t Fools”: Biden Administration Loses Another Gun Rights Case

JonathanTurley

We recently discussed the ruling of the United States Court of Appeals for the Fifth Circuit striking down a ban on gun ownership by individuals accused of domestic abuse. The court noted that this provision “is rarely used by prosecutors, as it accounts for only about 5% of prosecutions brought under § 922.” Barr , 919 F.3d

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