Constitutional Law Reporter

SEPTEMBER 3, 2024

Supreme Court confirmed that social-media platforms have First Amendment interests in exercising editorial discretion over the third-party content. District courts in both States entered preliminary injunctions. Office of Disciplinary Counsel of Supreme Court of Ohio , 471 U.S. NetChoice and NetChoice v.

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JonathanTurley

APRIL 30, 2021

Ohio (a 1969 case that we can discussed much in terms of “violent speech”), the Court struck down an Ohio law prohibiting public speech that was deemed as promoting illegal conduct. Ironically, the was a class discussion on free speech and racism. Swers was quoting Clarence Brandenburg from Brandenburg v.

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JonathanTurley

JANUARY 8, 2022

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.

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JonathanTurley

JUNE 7, 2022

Northern District of Ohio. Shapiro Professor Of Public Interest Law. The George Washington University Law School. Fellow, Liberty And National Security Program, Brennan Center For Justice. Former Special Agent, Federal Bureau of Investigation. Washington, D.C. Garnell Whitfield, Jr. Buffalo, NY. Former U.S. Cleveland, OH.

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JonathanTurley

JUNE 14, 2022

There is an interesting case out of Ohio where the state Supreme Court has ruled that Lake County Common Pleas Court Judge Eugene Lucci erred when he gave Manson Bryant, 35, an added six years after Bryant called him “racist as f**k.” Sentenced in March 2019, Bryant was respectful and remorseful before the court.

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SCOTUSBlog

APRIL 14, 2021

Ask any constitutional law student to name the most iconic Supreme Court decision, and they’ll probably answer Marbury v. Those two landmark rulings stand as the most celebrated decisions the court has ever issued. Maryland : “[W]e must never forget that it is a constitution we are expounding.” Ohio and Miranda v.

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JonathanTurley

FEBRUARY 26, 2025

Supreme Court will hear a case with potentially sweeping implications for discrimination cases. Ohio Department of Youth Service involves an Ohio woman, Marlean Ames, who claims she was discriminated against for being straight as less-qualified LGBT colleagues in Ohio’s youth corrections system were promoted.

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JonathanTurley

SEPTEMBER 26, 2021

Hartop , the United States Court of Appeals for the Sixth Circuit handed down a major ruling in favor of Shawnee State University Professor Nicholas Meriwether, who was disciplined for refusing to use a student’s designated pronoun choices. He lost before the lower court. In Meriwether v. gender identity.”. Schlissel , 939 F.3d

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Constitutional Law Reporter

MARCH 17, 2025

The Supreme Court heard oral arguments in four cases this week, all of which asked the justices to resolve a circuit split. The issues ranged from whether a death row defendant can obtain postconviction DNA testingto what test courts should apply to Title VII discrimination claims brought by a member of a majority group (i.e.

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LegalReader

NOVEMBER 4, 2021

Ohio lawmakers have introduced new anti-abortion bill.

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SCOTUSBlog

APRIL 13, 2022

During his time as an associate justice from 1877 to 1911, he broke with his colleagues in some of the most consequential – and infamous – rulings that the court has ever issued. Later, Robert sent John a series of letters offering political advice and sharing his efforts to promote John for a Supreme Court appointment.

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JonathanTurley

SEPTEMBER 15, 2022

Today I have the honor of speaking to the judges and lawyers in the 2022 Ohio Judicial conference on the Supreme Court in Columbus, Ohio. I will be discussing the last year of cases and controversies for the Court from leaks to threats as well as the recent and upcoming decisions. ” Andy Warhol Foundation v.

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JonathanTurley

OCTOBER 12, 2023

I began my association with the House as a teenaged leadership page in the 1970s and continued through to my legal representation of the House in federal court. I have testified more than 100 times over the last four decades on a wide array of constitutional and statutory issues. and Jim Jordan (R-Ohio). Steve Scalise (R-La.)

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JonathanTurley

NOVEMBER 28, 2022

Below is my column in The Hill on what is shaping up to be a major Supreme Court term on the issues of parody and satire under the First Amendment. The Court could reframe the constitutional limits for criminal and civil liability in two cases currently on the docket, including one recently granted review. VIP Products LLC.

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JonathanTurley

APRIL 15, 2021

The United States Court of Appeals for the Sixth Circuit this week upheld an Ohio law that bans doctors from performing abortions when they know the reason a woman is seeking an abortion is that her baby has Down syndrome. It is a major win for pro-life advocates but could face an appeal to the Supreme Court.

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SCOTUSBlog

APRIL 15, 2022

Share Under established constitutional law, states may generally not tax or regulate property or operations of the federal government. A 1936 federal law waives federal immunity from state workers’ compensation laws on federal land and projects. This principle is known as intergovernmental immunity. Washington.

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JonathanTurley

APRIL 25, 2023

There is an important ruling this month out of the United States Court of Appeals for the Seventh Circuit, which ruled against former high school music teacher John Kluge for refusing to comply with the school’s pronoun policy for religious reasons. What is most curious about the ruling is the timing. 2000e-2(a)(1). Hardison , 432 U.S.

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JonathanTurley

NOVEMBER 16, 2023

This switchboarding process was confirmed by Brian Scully of the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA), during prior court testimony. Ohio , 378 U.S. 184 (1964): “I shall not today attempt further to define [it] … But I know it when I see it.”

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JonathanTurley

MARCH 13, 2022

My grandfather was a union organizer and a coal miner who developed black lung in the mines of Ohio. Alexandria Ocasio-Cortez who questioned the very need for the Supreme Court when it was not ruling in line with her own views : “How much does the current structure benefit us? On court packing alone, leading Democrats like Sen.

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JonathanTurley

JANUARY 23, 2024

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. Ohio , 378 U.S. In a 2002 ruling, the U.S.

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JonathanTurley

JULY 13, 2022

Below is my column on the case of the ten-year-old rape victim who allegedly was taken to Indiana because an abortion was barred in Ohio. (A There remain, however, questions as to why the child had to leave Ohio, which has exceptions that would apply to the case. A shorter, edited version of this column ran in the New York Post ).

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JonathanTurley

OCTOBER 4, 2024

JD Vance, R-Ohio, cited the massive system of censorship supported by Vice President Kamala Harris and her running mate. Walz proceeded to quote the line from a 1919 case in which Supreme Court Justice Oliver Wendell Holmes said you do not have the right to falsely yell fire in a crowded theater. Tim Walz pulled the fire alarm.

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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 26, 2022

Addressing the scope of this right is key to defining and supporting this right in constitutional law. However, many politicians are pushing an unlimited view of the right that raises both constitutional and political questions — an approach that far exceeds what the current Roe case law supports. Senate in Ohio.

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JonathanTurley

SEPTEMBER 26, 2022

It is the same approach that the President took during the last presidential campaign where he simply refused to state his position on court packing until after the election. Those words from a Democratic political consultant refer to the Supreme Court’s overturning of Roe v. In Dobbs v.

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JonathanTurley

FEBRUARY 27, 2023

While the Supreme Court has allowed limited exceptions, it does not bestow on the government the open right to strip protection of speech because it is deemed “hateful.” Ohio, a 1969 case involving “violent speech,” the court struck down an Ohio law prohibiting public speech that was deemed as promoting illegal conduct.

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JonathanTurley

NOVEMBER 22, 2022

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.

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JonathanTurley

JANUARY 7, 2021

As a compromise, the commission was formed and consisted of 15 members : five Supreme Court justices and five members from each chamber of Congress. Courts are likely to recognize that Congress has a more substantive role, particularly when rivaling sets of electors are presented or there is clear evidence of fraud.

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JonathanTurley

AUGUST 2, 2021

In Ohio, $1 million lottery prizes were offered to those willing to take the shots; other states offered free metro or free museum passes. For people already distrustful of the government, the censorship and overheated rhetoric only confirm their suspicions. Government officials then shifted from reasoned to induced or compensated consent.

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JonathanTurley

SEPTEMBER 2, 2021

Jim Jordan (R-Ohio), who have already been told to preserve their phone records to be surrendered to the committee. The House has decided to subpoena them all and let God (and the courts) sort them out. The storm of secret subpoenas also seems to run against the thrust of recent Supreme Court decision, Trump v.

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JonathanTurley

NOVEMBER 21, 2020

Some of these questions are being addressed in the courts. According to the Washington Post , Dana Nessel “is conferring with election law experts on whether officials may have violated any state laws prohibiting them from engaging in bribery, perjury and conspiracy.” And yet, it’s back. In Kelly v. Chris Christie.

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JURIST

FEBRUARY 6, 2021

A letter signed by 144 constitutional law scholars and circulated Friday characterizes as “legally frivolous” ex-President Donald Trump’s First Amendment -based defense in his impeachment trial slated to start in the US Senate on February 8.

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JonathanTurley

JUNE 20, 2022

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.

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JonathanTurley

JANUARY 1, 2021

Bush’s victory over Democratic challenger John Kerry in the state of Ohio. It is same position taken recently before the Supreme Court by Pennsylvania Attorney General Josh Shapiro, who called a legal challenge to the election “seditious.” Barbara Boxer who led such a challenge to the 2004 election results.

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JonathanTurley

APRIL 2, 2022

District Court for the Central District of California this week have electrified commentators across the networks and the Internet. The declarations by the court have led to a frenzy in the media and renewed calls for the prosecution of the former president. “The illegality of the plan was obvious.” Those words of Judge David O.

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JonathanTurley

NOVEMBER 16, 2022

As the Supreme Court has stressed, “implicit in the right to engage in activities protected by the First Amendment [is] a corresponding right to associate with others in pursuit of a wide variety of political, social, economic, educational, religious, and cultural ends.” Superior Court Trial Lawyers Ass’n, 493 U.S.

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The Crime Report

NOVEMBER 19, 2021

So Chemerinsky, one of the nation’s leading authorities on constitutional law, decided to write a book focusing on how the Supreme Court has (or has not) addressed the challenge of policing throughout its judicial history. One, ‘Is public pressure in this area of life going to change the Supreme Court?”

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