JonathanTurley

NOVEMBER 23, 2022

New York Democrats continue to pass laws that are virtually guaranteed to be struck down and further reinforce Second Amendment rights. The latest provision involves the possible criminal prosecution for possessing a gun on private property if owner has not approved such possession on the premises. Bruen, 142 S. in Christian v.

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JonathanTurley

APRIL 1, 2023

A federal judge has temporarily blocked a new Tennessee law limiting drag shows on constitutional grounds. Putting that concern aside, I have serious free speech concerns over the reach of these laws. Federal district judge Thomas Parker granted an injunction on the ground that the Tennessee law is vague and overly broad.

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JonathanTurley

DECEMBER 9, 2023

The state legislature continues to crank out flagrantly unconstitutional gun control laws to please its political base, but the result is to further expand gun rights with a litany of court losses. I previously wrote about the latest New York gun law passed after the Court’s ruling in New York State Rifle and Pistol Association v.

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LLRX

NOVEMBER 8, 2023

Ese Olumhense a reporter at The Markup gives us an overview of how the International Association of Chiefs of Police brings police leadership and tech vendors together at its annual conference, where clear trends about the future of law enforcement emerged.

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Constitutional Law Reporter

MARCH 21, 2024

A pair of cases challenging Texas and Florida’s controversial social media laws took center stage. While the state laws are slightly different, both limit social media platforms’ ability to engage in content moderation by removing, editing, or arranging user-generated content. NetChoice, LLC v. Paxton and Moody v. Pursuant to 15 U.S.C.

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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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Constitutional Law Reporter

SEPTEMBER 8, 2023

Supreme Court upheld a federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully. According to the Court, the law does not run afoul of the First Amendment. In United States v. Hansen , 599 U.S. _ (2023), the U.S.

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Constitutional Law Reporter

NOVEMBER 18, 2024

While none of the cases are considered “blockbusters,” the Court considered key issues related to employment, securities, healthcare, and white-collar criminal law. The post SCOTUS Hears Oral Arguments in Four Cases appeared first on Constitutional Law Reporter. Last week, the justices heard oral arguments in four cases.

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Healthcare Court Criminal Law Constitutional Law 52

JonathanTurley

JULY 16, 2023

Yet, the most serious concern is the inclination of this generation to use criminal laws to police such questions. (There is ongoing litigation of the protection in an employment setting for civil liability or disciplinary action). It reflects the erosion of free speech principles with younger generations.

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LLRX

NOVEMBER 22, 2024

This commentary by Michael Ravnitzky is a call to action as he states that the upcoming four years present a critical period for diligent and fearless investigative reporting, ensuring that the administration's actions are thoroughly examined and the public remains well-informed.

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LexForti

DECEMBER 10, 2021

IDIA – Kerala Chapter functions from its base at The National University of Advanced Legal Studies (NUALS), Kochi, which is the only National Law University in Kerala. Important areas relating to law must be clearly understood by the aspirants. She is currently pursuing LLM in Business Laws at National Law University, Delhi.

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JonathanTurley

SEPTEMBER 18, 2022

This weekend, MSNBC’s Tiffany Cross and MSNBC regular (and past writer for Above the Law and the Nation) repeated the false claim that the trips constitute kidnapping. Mystal responded to Cross’ claim that the trip constitute “kidnapping” with a diatribe against “Republican fascists.”

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JonathanTurley

NOVEMBER 14, 2021

In covering the motions hearing last week in the trial of Kyle Rittenhouse, I noted a surprising comment from Judge Bruce Schroeder that he had “spent hours” with the Wisconsin gun law and could not state with certainty what it means in this case. Criminal laws are supposed to be interpreted narrowly.

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Conflict of Laws

AUGUST 15, 2024

While written from the perspective of English law, it incorporates comparative insights from similar FDL claims in other jurisdictions, including Australia, Canada, EU Member States, and the US. Chapter 4 examines the capacity and challenges faced by English courts in adjudicating foreign direct liability (FDL) claims.

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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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JonathanTurley

JANUARY 8, 2022

Jay Inslee called for the criminalization of “lies” about election results. Such a law would threaten political speech and create a chilling effect for those who want to raise such concerns in contested elections. We have seen other Democratic leaders use the criminal process in similarly reckless fashions.

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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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LexForti

JUNE 3, 2021

In totality, Article 20 is considered to be one of the most vital provisions of the Indian Constitution, which cannot be set aside, even during times of Emergency. AN ELABORATION ON ‘EX POST FACTO’ LAW: ARTICLE 20(1) OF THE INDIAN CONSTITUTION.

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JonathanTurley

OCTOBER 17, 2022

” Such a law would be flagrantly unconstitutional under the First Amendment if written as described. were campaigning last week with Guzman in the midst of the outcry over her push for this criminal law. Notably, both Sen. Tim Kaine (D., Va) and Rep. Abigail Spanberger (D.,

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LexForti

JUNE 4, 2021

It would be imperative to take into cognizance the concept of jurisdiction which is a conglomeration of two terms, such as juris (meaning “law”) and diction (meaning “to speak”), which can be translated as presuming the appropriate forum that has the potential to “speak the law.”

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LLRX

OCTOBER 29, 2021

Selin Professor of Constitutional Democracy, reviews how this battle between the two branches of government over access to presidential information raises questions about the constitutional authority of Congress and how lawmakers acquire the information needed to hold the executive branch accountable in the U.S. Jennifer L.

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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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LLRX

JULY 31, 2022

Developers, data scientists, and criminal justice experts working within the metaverse may be able to implement changes more efficiently than Congress as they are not subject to constitutional constraints. The thesis of Albert Chang's paper is the metaverse presents a unique opportunity for effective police reforms.

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LLRX

APRIL 30, 2023

Lawyer, activist, author, and whistleblower Ashley Gjovik states: "I blew the whistle and was met with an experience so destructive that I did not have the words to describe what happened to me. I set out to learn if what happened to me is a known phenomenon and, if so, whether there are language and concepts to explain the experience.

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LLRX

JULY 31, 2022

The thesis of Albert Chang's paper is the metaverse presents a unique opportunity for effective police reforms because software developers may be able to implement changes more efficiently than Congress as they are not subject to constitutional constraints.

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JonathanTurley

NOVEMBER 15, 2021

It got worse from there, including a glaring constitutional violation by the prosecution when Binger began his cross examination of Rittenhouse by commenting on his decision to remain silent. Her guest, MSNBC legal analyst and Georgetown law professor Paul Butler, concurred and called it “the greatest performance of (his) life.”.

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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

DECEMBER 8, 2020

.” He also rejects the argument raised by Professor Larry Tribe and others that the meaning is clear from the language in Article II, Section 3 that the president should “take Care that the Laws be faithfully executed.” I also believe that self pardons offend our sensibilities and constitute self-dealing.

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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. The decision was marked by the same lack of information that characterized an earlier decision from the Justice Department.

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JonathanTurley

FEBRUARY 23, 2021

It is not just limit to criminal impulses but extends to dietary impulses like the Big Gulp laws. 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.

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Government Laws Constitutional Law Criminal Law 60

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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JonathanTurley

JULY 15, 2022

after her allegation that a witness lied under oath in opposing gun laws three years ago in a hearing. The Deputy Chair of the Congressional Progressive Caucus, Porter is also on the faculty of University of California (Irvine) Law School, though listed as “on leave.” Katie Porter (D., ” Porter was noting that Rep.

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JonathanTurley

JUNE 7, 2022

It would impose reporting, training, and assessment of “the domestic terrorism threat posed by White supremacists and neo-Nazis, including White supremacist and neo-Nazi infiltration of Federal, State, and local law enforcement agencies and the uniformed services.” Shapiro Professor Of Public Interest Law. Buffalo, NY. Former U.S.

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JonathanTurley

JANUARY 13, 2021

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. 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.

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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. Program, International Center for Not-For-Profit Law. Shapiro Professor of Public Interest Law; Director, Environmental Law Advocacy Center, The George Washington University Law School.

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JonathanTurley

MARCH 10, 2022

The Court offered this summary: “Plaintiffs are members of the Sunset Activist Collective, a local activist group, and are associated with CopBlock, an activist group critical of law enforcement. At these protests, no law enforcement officers cited the Plaintiffs or told them that chalking on the city sidewalk was illegal.

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Statute Court Laws Constitutional Law 8

JonathanTurley

MARCH 13, 2021

The bill contains the following provision: (1) A person is guilty of disorderly conduct in the second degree when in a public place and with intent to cause public inconvenience, annoyance, or alarm, or wantonly creating a risk thereof, he: (a) Engages in fighting or in violent, tumultuous, or threatening behavior; (b) Makes unreasonable noise; (c) (..)

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