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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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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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

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. The charges against Millar do not appear to have been brought under the new law.

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JonathanTurley

AUGUST 22, 2021

Even law professors are largely silent on the implications of a finding that the shooting of an unarmed protester is justified. 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. Garner (1985).

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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

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. Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University and a member of USA TODAY’s Board of Contributors. Garner (1985).

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JonathanTurley

SEPTEMBER 9, 2021

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. For Civil Rights Under Law, Inc. The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in New York Times v. Craigslist, Inc. ,

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JonathanTurley

MAY 19, 2021

The arrest appears to have been made under a state hate crime law that has long been criticized by some of us in the free speech community as dangerously vague. ” The law is similar to the type of vague speech codes that we have addressed on campuses but this is an actual criminal provision under state law.

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SCOTUSBlog

JUNE 26, 2023

The question before the justices was whether a federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully violates the First Amendment’s guarantee of the freedom of speech. Share On Friday the Supreme Court issued its decision in United States v.

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JonathanTurley

MAY 2, 2021

Minnesota Police and Peace Officers Association and the Law Enforcement Labor Services has taken the unusual (if not unprecedented) step of asking the University of Minnesota to investigate a student for her call to make the lives of campus police a living “hell.”

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JonathanTurley

MAY 12, 2021

.” The language of the statute in my view is unconstitutional due to its sweeping criminalization of any “curse or abuse” that could “provoke a breach of the peace.” ” However, the appellate panel corrected noted that such laws are narrowly construed in light of controlling precedent.

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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

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

MARCH 28, 2024

Many of us had predicted this result given the prior precedent of the Supreme Court on the federal preemption of state immigration laws. ” I also previously discussed how this interpretation would fail due to the text, intent, and history of the underlying constitutional provision. ‘Removal is a civil, not criminal, matter.’

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JonathanTurley

MARCH 20, 2021

We recently discussed the case of University of North Carolina law student Sagar Sharma, a student of color, who faced a recall election as the first-year class co-president. The charges are connected to the prior controversy and raise serious free speech and retaliatory concerns at the law school. . First is SBA By-Law 11.2

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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

JUNE 27, 2023

million were sent to a law firm and another firm associated with Hunter Biden. ” (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.) I am sitting here waiting for the call with my father.’”

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JonathanTurley

APRIL 20, 2024

One law enforcement officer who observed this interaction reported that “‘Antifa’ members … began to fight/assault” Meinecke. This attracted the attention of about ten law enforcement officers, who asked Meinecke “to move to a public area located outside the park.” Meinecke kept reading aloud.

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JonathanTurley

APRIL 26, 2024

Roberts read its statement that “a former president can be prosecuted for his official acts because the fact of the prosecution means that the former president has acted in defiance of the laws” and noted it sounds like “a former president can be prosecuted because he is being prosecuted.”

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JonathanTurley

FEBRUARY 6, 2023

District Judge Patrick Wyrick in Oklahoma City dismissed an indictment against Jared Michael Harrison for violating a federal law that makes it illegal for “unlawful users or addicts of controlled substances” to possess firearms. ” It is similar to the broad rationale used unsuccessfully before the Fifth Circuit.

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JonathanTurley

JUNE 9, 2023

First, let’s look at the law. 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.”

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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 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

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

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. The holding was supported by a rule of lenity that “penal laws are to be construed strictly.” Guedes, 920 F.3d 4th at 899 n.5

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JonathanTurley

SEPTEMBER 6, 2022

Vladeck, a law professor at University of Texas and CNN contributor, expressed outrage at “an unprecedented intervention by a federal district judge into the middle of an ongoing federal criminal and national security investigation.” The over-wrought response to this order is par for the course over the last six years.

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JonathanTurley

JANUARY 14, 2021

Here is what I precisely wrote on the Blount and Belknap impeachment in The Executive Function Theory, The Hamilton Affair, And Other Constitutional Mythologies , 77 North Carolina Law Review 1791 (1999): 1. William Blount (1798-99). His misdemeanor was to mis-demean himself; to misuse his office for his own speculative ends.”

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JonathanTurley

AUGUST 11, 2021

The lack of case law was at the heart of the “fact check” of the PolitiFact. Such objections should be distinguished from complaints over distorting backgrounds , history history , or the law. The Post is correct that there is virtually no case law on the provisions in either the federal or state constitutions.

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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

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. Jonathan Turley is an attorney and professor at George Washington University Law School.

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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

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 24, 2024

New Yorkers and the media insisted that such selective prosecution was in defense of the “rule of law.” Trevino , the court held in favor of Sylvia Gonzalez, who had been arrested in Castle Hills, Texas in 2019 on a trumped-up charge of tampering with government records. That is not how the law is seen from 9th Avenue.

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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. However, as discussed above, keep in mind that a conspiracy requires only two people to conspire to hinder the executive of any law. The provision in 18 U.S.C. The provision in 18 U.S.C.

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