JonathanTurley

FEBRUARY 23, 2021

The idea is that the government can regulate what you are enjoying and modify your desires and actions. It is the ultimate expression of paternalistic governance theory. It is not just limit to criminal impulses but extends to dietary impulses like the Big Gulp laws.

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LLRX

JANUARY 8, 2024

The shocking events of Jan. 6, 2021, signaled a major break from the nonviolent rallies that categorized most major protests over the past few decades. What set Jan. 6 apart was the president of the United States using his cellphone to direct an attack on the Capitol, and those who stormed the Capitol being wired and ready for insurrection.

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JonathanTurley

MAY 7, 2021

299 (1932), where the Supreme Court held that “where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of an additional fact which the other does not.” United States , 284 U.S.

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JonathanTurley

JANUARY 25, 2024

Supreme Court, Smith focused on the cruel aspects of successive execution attempts — a process that was even more uncertain and stressful with the use of “a novel method of execution that has never been attempted by any state or the federal government.” ” It failed after a petition to Justice Clarence Thomas.

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JonathanTurley

AUGUST 22, 2021

As I noted earlier , if the officer intended to shoot Babbitt, it would not likely meet the standard for a justified shooting under governing cases like Tennessee v. Not only was there no claim that Babbitt was believed to be armed, but there were officers directly behind her and in front of her at the time. Garner (1985).

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JonathanTurley

JUNE 4, 2021

Once you start as a government to criminalize speech, you end up on a slippery slope of censorship. What constitutes hate speech remains a highly subjective matter and we have seen a steady expansion of prohibited terms and words and gestures.

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JonathanTurley

SEPTEMBER 9, 2021

The imposition of tort liability on service providers for the communications of others represented, for Congress, simply another form of intrusive government regulation of speech. None of this means, of course, that the original culpable party who posts defamatory messages would escape accountability. 230(b)(5).

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JonathanTurley

APRIL 18, 2021

If the officer intended to shoot Babbitt, it would not likely meet the standard for a justified shooting under governing cases like Tennessee v. (Babbitt was trying to climb through a broken door in the Speaker’s Lobby as police fought back the mob). Garner (1985).

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SCOTUSBlog

JUNE 26, 2023

To avoid that result, the majority interpreted “encourage or induce” to be terms of art that Congress used in a specialized, criminal-law sense — that is, as covering only what falls within the established common-law crimes of solicitation and facilitation. while knowing that is unlawful.

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JonathanTurley

APRIL 2, 2022

When some people contacted Oberlin to object that the students admitted guilt, special assistant to the president for community and government relations Tita Reed wrote that it did not change a “damn thing” for her. Reed also reportedly participated in the campus protests.

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JonathanTurley

MAY 19, 2021

The “guise of constitutional freedom” is in fact the First Amendment’s protection of unpopular speech. 92, 95 (1972), that the “government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.”. Indeed, Justice Thurgood Marshall famously declared in Police Dep’t of Chi.

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JonathanTurley

MAY 12, 2021

The Supreme Court has made clear that to obtain a conviction for use of “fighting words,” the Government must offer evidence of the “likelihood that the person addressed would make an immediate violent response.” The “guise of constitutional freedom” is in fact the First Amendment’s protection of unpopular speech.

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JonathanTurley

MAY 2, 2021

However, in this instance, the University unequivocally disagrees with the ideas expressed about disrupting UMPD’s daily work.

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JonathanTurley

APRIL 5, 2022

We largely agree on areas of possible reforms, including the potential dangers of registration laws like FARA for free speech and association. Government Affairs Manager, Project On Government Oversight. Program, International Center for Not-For-Profit Law. Here is the panel: Mr. Dylan Hedtler-Gaudette. Mr. Nick Robinson.

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JonathanTurley

MARCH 28, 2024

In the 2-1 opinion , Chief Judge Priscilla Richman upheld the district court’s preliminary injunction, but it is effectively a ruling on the merits since it had to concluded a substantial likelihood of prevailing on the merits to rule in favor of the federal government.

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Constitutional Law Reporter

JULY 6, 2023

Section 1028A(a)(1) applies when a defendant, “during and in relation to any [predicate offense, such as healthcare fraud], knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person.” The post SCOTUS Narrows Reach of Identity Fraud Statute appeared first on Constitutional Law Reporter.

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JonathanTurley

JULY 24, 2021

While the government can encourage criminal conspirators, the courts ask whether the offense was induced by a government agent and whether “the defendant was disposed to commit the criminal act prior to first being approached by Government agents.” The advantage remains with the government in this case.

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JonathanTurley

MARCH 20, 2021

Sharma was then informed that he was subject to charges for violating the student government bylaws. First is SBA By-Law 11.2 ” The second is SBA By-Law 11.3 ” The student government then states in a conclusory manner that Sharma was found guilty on both charges and disqualified.

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JonathanTurley

JUNE 27, 2023

” (He did not explain why a message legally acquired by the government from the cloud account of his client would be illegal to include in the report of a congressional investigatory committee.) His lawyer, Chris Clark, first insisted that the release of the messages “are not only irresponsible, they are illegal.”

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LLRX

DECEMBER 26, 2022

Claire Leavitt , Assistant Professor of Government, Smith College, presents an overview of the broad investigative powers of the Congress from the 1920s to the present. 6, 2021 fell squarely within Congress’ power, and added a new chapter to a centuries-long history of congressional investigations into government scandals and failures.

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JonathanTurley

APRIL 20, 2024

But the government cannot escape First Amendment scrutiny simply because its actions “can somehow be described as a burden rather than outright suppression.” ” As such, it “is a form of content discrimination, generally forbidden in a traditional or designated public forum.” ” ….

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JonathanTurley

APRIL 26, 2024

With cliffs to the left and the right, the justices are looking at a free-fall dive into the scope of constitutional and criminal law as they apply to presidential conduct. It was effectively a “Trust us, we’re the government” assurance. Alvin Bragg is the very personification of the danger immunity is meant to avoid.

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JonathanTurley

APRIL 7, 2024

That alleged transgression, however, pales in comparison to a failure to protect the rights of this defendant from the abusive or unsupported surveillance of the government. He could reissue the order in compliance with the precedent, but will have to establish a record and rationale for allowing the government to conduct this search.

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JonathanTurley

FEBRUARY 6, 2023

” I particularly liked this observation from the court about reading discretion into the amendment to bar those deemed untrustworthy by the government: [I]t would be odd indeed for the Framers to have incorporated such a trojan horse into the Second Amendment.

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JonathanTurley

JUNE 16, 2021

Few people dispute that the federal government has a legitimate interest, if not an obligation, to investigate the leak of classified or sensitive information. These leaks are criminal acts under federal law. The government often knows the recipients just by looking at the signature on the items. But what is a journalist?

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JonathanTurley

SEPTEMBER 17, 2022

Then the government produced a redacted version that caused no such harms while confirming important facts in the case. He is likely to give access to the documents as legitimately in the possession of the government. It is only seeking access to roughly a hundred out of the thousands of documents seized in the Mar-a-Lago raid.

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JonathanTurley

JUNE 9, 2023

The California provision states that kidnapping involves someone who “abducts or takes by force or fraud any person contrary to the law of the place where that act is committed, and brings, sends, or conveys that person within the limits of this state.” state once they are released by the federal government.

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JonathanTurley

JANUARY 8, 2023

The majority further explained: The Government’s regulation violates these principles. As an initial matter, it purports to allow ATF—rather than Congress—to set forth the scope of criminal prohibitions. First, Chevron does not apply for the simple reason that the Government does not ask us to apply it. Guedes, 920 F.3d

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JonathanTurley

SEPTEMBER 6, 2022

Judge Cannon notes that the Justice Department’s own taint team missed privileged material and rejects the government’s assurance that it still caught the errors (emphasis added below): “Counsel from the Privilege Review Team characterized them as examples of the filter process working.

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JonathanTurley

JANUARY 14, 2021

Notably, while clearly dismissing on the exclusion of legislative officers from impeachment procedures, the Senate did not question seriously that the underlying conduct would have been worthy of impeachment despite the fact that the conduct was not viewed as violating any senatorial duty or criminal law.

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JonathanTurley

SEPTEMBER 22, 2022

While the government must show a knowing violation (as opposed to classified status), the Trump team has repeatedly declined to produce evidence of such a written or oral order, including any declaration from Trump or staff on such a decision. government with a constitutional Jedi-like power. I declassified everything.”.

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JonathanTurley

AUGUST 11, 2021

However, the federal lawsuit primarily hit the House rule on the meaning and limits governing “arrests.” Reasonable people can disagree but he had an express constitutional provision supporting his position. That is clear legal authority. It may not be dispositive authority according to these Democratic members.

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JonathanTurley

AUGUST 31, 2022

Critically, however, the former President’s counsel explicitly prohibited government personnel from opening or looking inside any of the boxes that remained in the storage room, giving no opportunity for the government to confirm that no documents with classification markings remained.” However, that is the point.

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JonathanTurley

JUNE 3, 2021

government of Mayor Muriel Bowser , who condemned the federal government for its clearing of the area and alleged use of tear gas. government. The federal government has maintained that it used pepper balls. The federal government still apparently denies using tear gas.

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JonathanTurley

DECEMBER 9, 2022

Some of us have been raising concerns over Twitter’s massive censorship system for years, including what I called the emergence of a “ shadow state ” where corporations carry out censorship the Constitution bars the government from doing. Elizabeth Warren (D-Mass.)

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JonathanTurley

APRIL 12, 2022

The serpent in this case, according to the defendants, was the United States government. While the government announced that it had foiled a large conspiracy, it turned out that most of the conspirators were actually FBI agents. Yet, there is an even greater danger when crimes are the creation of our own government.

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JonathanTurley

JANUARY 14, 2022

This small number of individuals often discuss (as did these defendants) a desire to see an overthrow of the government. There was no apparent follow through after January 6th with an actual attack or rebellion against the government. Conversely, these defendants will be able to demand exculpatory evidence from the government.

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