Remove Constitutional Law Remove Criminal Law Remove Drafting
article thumbnail

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

JonathanTurley

The state might have been able to reinforce an important right of private business owners to exclude guns with a reasonable drafting of the law. Nigrelli : where the court ruled that the private property exclusion violates the Second Amendment.

Laws 59
article thumbnail

Pot Shop Owner Faces Possible Criminal Charge After Profane Diatribe Against Police Officer

JonathanTurley

15, 25 (1971), that a defendant who walked through a courthouse wearing a jacket bearing the words “F**k the Draft” was engaged in protected speech. The Supreme Court has routinely ruled that the First Amendment protects profanity. In 1971, the Court ruled in Cohen v. California , 403 U.S. In City of Houston v. Hill , 482 U.S.

Insiders

Sign Up for our Newsletter

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

article thumbnail

Federal Judge Enjoins Illinois’ Assault Weapon Ban

JonathanTurley

Indeed, President Biden has made dubious constitutional and historical claims about the Second Amendment and AR-15s. Illinois and New York have previously supplied gun rights advocates with huge victories by drafting facially unconstitutional laws.

Court 58
article thumbnail

President Donald Trump Impeached For Second Time

JonathanTurley

Indeed, had the Democrats allowed for just a day of hearings to consider such concerns, the language of the article might have been drafted to achieve greater support. However, I remain deeply concerned over the implications of the process and language underlying this impeachment.

article thumbnail

North Carolina Board Asserts Right to Disqualify Madison Cawthorn as an “Insurrectionist”

JonathanTurley

Ironically, it was Justice Edwin Reade of the North Carolina Supreme Court who later explained , “[t]he idea [was] that one who had taken an oath to support the Constitution and violated it, ought to be excluded from taking it again.”

article thumbnail

“Just Do It”: Democrats Continue to Struggle to Find a Crime to fit the Offense

JonathanTurley

Yesterday’s hearing exposed Clark’s efforts to challenge the election, including a letter that was wildly inappropriate that he drafted for the top Justice officials to sign. Probable cause of a federal crime had to be alleged as part of the Clark warrant.

article thumbnail

Did The Democrats “Tank” The Second Trump Trial?

JonathanTurley

” This year, there was a raging debate whether Eagles coach Doug Pederson was actually trying to win or just losing convincingly to secure a better draft pick. Trump will then be acquitted and Democrats will look to picking up new talent in the 2022 draft. In the NFL, it is called “tanking.”