Remove Constitutional Law Remove Court Remove New York Remove Tort
article thumbnail

SCOTUS Rules Acquittal Not Required to Bring Malicious Prosecution Claim

Constitutional Law Reporter

Supreme Court held that to demonstrate a favorable termination of a criminal prosecution for purposes of the Fourth Amendment claim under 42 U.S.C. In January 2014, petitioner Larry Thompson was living with his fiancée (now wife) and their newborn baby in an apartment in Brooklyn, New York. Supreme Court’s Decision.

Tort 52
article thumbnail

Police Suggest Possible Charges for Those Who Filmed Rape on Train

JonathanTurley

I am unaware of such a law in Pennsylvania, but these laws are rarely enforced. Conversely, New York charged a woman for calling police in a racially charged incident in Central Park. In 2009, the New York courts ruled that Metro workers were not legally required to assist a woman being raped at a station.

Tort 41
Insiders

Sign Up for our Newsletter

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

article thumbnail

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.

Tort 33
article thumbnail

The Illusion of Action: Cuomo’s New Gun Manufacturer Liability Law is a Colossal Misfire

JonathanTurley

Below is my column in the Hill newspaper on the declaration of a gun violence emergency by New York Gov. The centerpiece of Cuomo’s plan is a new law to allow victims of gun violence to sue gun manufacturers under a nuisance theory. It has failed repeatedly in various states, including New York.

article thumbnail

Deadspin Defamation: Parents of Holden Armenta Move Toward Libel Action Over Blackface Allegation

JonathanTurley

The use of the headdress could be treated by a court as opinion since many denounce such images as cultural appropriation. What constitutes racist imagery is a matter of public debate and Phillips can argue that this is obviously just his opinion. In New York Times v. In 1967, the Supreme Court handed down Time, Inc.

article thumbnail

Two Professors Face Discipline After Posting Flyers Denouncing a Conservative Colleague

JonathanTurley

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.

Tort 49
article thumbnail

Supreme Court Rejects Cause of Action Under Bivens Against Border Patrol Agent

Constitutional Law Reporter

Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. The District Court declined to extend Bivens as re- quested, but the Court of Appeals reversed.