Constitutional Law Reporter

OCTOBER 18, 2023

The justices recently granted certiorari in two cases challenging state laws that restrict social media companies’ ability to moderate content on their platforms. The key issue before the Court is whether the Texas and Florida laws violate the First Amendment. Meanwhile, the Texas law, H.B. The court held that S.B.

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JonathanTurley

AUGUST 7, 2021

In a demonstrably meritless lawsuit, 22 Texas House Democrats sued some of the state’s top Republican leaders in federal court in Austin over the efforts to bring them home for a special legislative session. Philip Cortez , D-San Antonio, after he returned to the Texas. Phelan signed a civil warrant for Rep. James White.

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JonathanTurley

APRIL 22, 2025

In a podcast, Weingarten explained , “We know, for example, what Texas would do. Notably, figures like American Federation of Teachers president Randi Weingarten have opposed the elimination of the Department of Education because it might help voucher schools and other alternatives to public education. Theyll use it for vouchers.

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Constitutional Law Reporter

MARCH 10, 2022

The issues before the Court involved Native American law and immigration. United States : The case involves the Constitution’s double jeopardy clause and how it applies toa prosecution in the Court of Indian Offenses. Texas : The case involves gaming activities on Native American land in Texas. Texas , 36 F.3d

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JonathanTurley

JUNE 9, 2023

While there is a fair debate over the policy of relocation by states like Texas and Florida, the effort to use the criminal process as part of that political debate is … well, pathetic. First, let’s look at the law. The reason is that these claims are made for cable news, not courts of law.

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Constitutional Law Reporter

SEPTEMBER 3, 2024

However, the Court remanded the cases back to the lower courts after concluding that neither court properly analyzed “the facial First Amendment challenges” to the laws. Facts of the Case In 2021, Florida and Texas enacted statutes regulating large social-media companies and other internet platforms.

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The Crime Report

DECEMBER 26, 2023

Yet it was hard to ignore that this particular Papa John’s has set its bar for hiring perilously low — about as low as that of federal law regarding the purchase or possession of most firearms, even after adoption of the recent gun-control legislation. Frustratingly, the Constitution provides little counsel.

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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. McIntosh v.

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SCOTUSBlog

OCTOBER 10, 2022

Share In 2018, California voters approved Proposition 12, a ballot initiative that its supporters describe as the country’s strongest law to protect farm animals. On Tuesday, the Supreme Court will hear oral argument in a challenge to the constitutionality of the law.

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JonathanTurley

JUNE 1, 2022

Texas gubernatorial candidate Beto O’Rourke has been ping-ponging on gun confiscation ever since his presidential candidacy in 2019 when he famously declared “Hell yes, we are going to take your AR-15.” ” When he decided to run for Texas governor, he then dialed down that pledge.

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JonathanTurley

JULY 2, 2022

New York Democrats have passed a series of laws that led to catastrophic losses in federal court, including the recent major ruling in in New York State Rifle & Pistol Association, Inc. legislative assemblies, polling places, and courthouses—we are also aware of no disputes regarding the lawfulness of such prohibitions.

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Constitutional Law Reporter

APRIL 11, 2023

MoneyGram applied the common-law escheatment practices outlined in Texas v. Multiple States, including Pennsylvania and Wisconsin, argue that the common law does not apply because the abandoned proceeds of the Disputed Instruments are governed by the Disposition of Abandoned Money Orders and Traveler’s Checks Act.

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JonathanTurley

MAY 25, 2021

We have been discussing the state laws requiring contractors and employees to swear that they do not support the the Boycott, Divestment, Sanctions (“BDS”) movement against Israel. I have long maintained that the law is unconstitutional as a limitation of free speech and associational rights. 50-5-85(b). ” O.C.G.A.

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Constitutional Law Reporter

NOVEMBER 5, 2024

Facts of the Case In 2019, Sylvia Gonzalez ran for a seat on the city council of Castle Hills, a small town in southern Texas. A private attorney tasked with leading the investigation concluded that Gonzalez had likely violated a Texas anti-tampering statute that, among other things, prohibits a person from intentionally “remov[ing].

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Constitutional Law Reporter

DECEMBER 16, 2022

Supreme Court recently agreed to consider a case that is expected to define the scope of federal identity theft law. David Dubin was the managing partner of PARTS, a psychology practice in Texas. The post Supreme Court to Clarify What Constitutes Identity Theft appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

AUGUST 6, 2024

According to the Court, the enforcement of generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment to the U.S. Constitution. Like many local governments, Grants Pass has public-camping laws that restrict encampments on public property.

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Constitutional Law Reporter

FEBRUARY 14, 2025

In challenging the law, TikTok and its users argue that the PAFACAA violates the First Amendment and constitutes an unlawful bill of attainder under Article I. Paxton : The First Amendment case challenges Texas H.B. 1181 by applying rational-basis review rather than strict scrutiny in evaluating the constitutionality of the law.

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JonathanTurley

JULY 23, 2021

The calls to boycott Ben & Jerry’s ice cream in states like Texas, Florida ,and Oklahoma will give citizens the common choice between something Half Baked and the American Dream. Indeed, some of these laws do not seem to support an actual boycott as opposed to a divestment in “listed companies.”

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Constitutional Law Reporter

APRIL 20, 2022

USERRA’s cause of action against state employers may be pursued only in state courts, which a Texas court found to be unconstitutional because Congress lacks the power to authorize lawsuits against nonconsenting states pursuant to its War Powers. Decisions in all of the above cases are expected before the Court’s current term ends in June.

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Constitutional Law Reporter

FEBRUARY 8, 2024

The Court’s Chevron decision established a bedrock principle of administrative law. Natural Resources Defense Council , or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency.” 837 (1984).

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Constitutional Law Reporter

DECEMBER 4, 2023

Rahimi, will decide whether a federal law banning the possession of guns by individuals who are subject to domestic violence restraining orders is constitutional. Facts of the Case Between December 2020 and January 2021, Zackey Rahimi was involved in five shootings in and around Arlington, Texas. The case, United States v.

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Constitutional Law Reporter

JANUARY 10, 2022

The post First Amendment Case on Tap for SCOTUS’s January Sitting appeared first on Constitutional Law Reporter. Tam, 137 S. 1744 (2017), Walker v. Sons of Confederate Veterans, Inc., 200 (2015), and Pleasant Grove City v. Summum, 555 U.S. 460 (2009). Hungerbeeler, 370 F.3d 3d 735 (8th Cir.

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JonathanTurley

MARCH 24, 2022

We previously discussed concerns over free speech on the campus of the University of North Texas, including the canceling of an event on child gender transitioning. Professor Hiers sued the Board of Regents of the University of North Texas after it told him that it did not renew his contract due to his criticism of the policy.

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JonathanTurley

MAY 9, 2021

In 2015 in Walker v Sons of Confederate Veterans, the Supreme Court ruled 5-4 that Texas could refuse to allow a specialty the specialty license plates offered to drivers by the state of Texas. While all license plates unquestionably contain some government speech (e.g.,

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Above The Law

MAY 10, 2021

Religious fear and hatred of nonbelievers is real, the question is whether legal mechanisms exist that nonbelievers can utilize to defend themselves. .

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JonathanTurley

AUGUST 25, 2023

In 2017, Denmark took a historic step in favor of free speech by rescinding its blasphemy law after 334 years. Now, however, the liberal government is moving to reinstate the blasphemy crime with a new law barring the burning of the Qur’an, the Bible, and other religous texts. That law will be extended to religious books.

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Constitutional Law Reporter

JUNE 16, 2021

The City of San Antonio—acting on behalf of a class of 173 Texas municipalities—was awarded a multi-million-dollar judgment in Federal District Court against a number of popular online travel companies (OTCs) over the calculation of hotel occupancy taxes. The justices’ decision was unanimous. Facts of the Case.

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Constitutional Law Reporter

MAY 10, 2022

The Houston Community College System (HCC) is a public entity that operates various community colleges in Texas. The post SCOTUS Rules Censure of Elected Board Member Didn’t Violate First Amendment appeared first on Constitutional Law Reporter. The Court’s decision was unanimous. Facts of the Case.

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JonathanTurley

SEPTEMBER 9, 2022

I will be joined by two distinguished academics: Professor Elizabeth Sepper, University of Texas at Austin School of Law and Professor John Yoo, University of California Berkeley School of Law. Lucero of the Tenth Circuit Court of Appeals. The Supreme Court’s new religious clause jurisprudence has transformed the area.

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JonathanTurley

AUGUST 10, 2021

The complaint of the raises the little used power under Texas law to forcibly bring legislators to the floor. The United States Constitution has the same power. This is a different lawsuit from the error-ridden and poorly conceived federal filing from these members. Bassett, Jeremy Monthy and Megan Rue.

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Legal Research is Easy

SEPTEMBER 9, 2019

While everyone was eyeing Florida (29), Pennsylvania (20), Texas (38), and California (55), no one paid attention to the small states (to their detriment). In fact, the smallest states held 97 Electoral College votes. That's 18% of the total, people. Yep, it's the little guys that'll get you in the end.

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Constitutional Law Laws 59

JonathanTurley

DECEMBER 29, 2022

Guillard is a Texas-based social media commentator, and accused Scofield of arranging the murder of Xana Kernodle, her boyfriend Ethan Chapin, and Kernodle’s roommates Maddie Mogen and Kaylee Goncalves in their Moscow (Idaho) house on Nov. Scofield denies ever meeting any of the victims, let alone having an affair with one of them.

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JonathanTurley

MAY 10, 2022

demanded the disqualification of the 120 House Republicans — including House Minority Leader Kevin McCarthy (R-Calif.) — for simply signing a “Friend of the Court brief” (or amicus brief ) in support of an election challenge from Texas. By its terms, the statute’s scope is limited to challenges based upon “qualifications.

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Above The Law

NOVEMBER 1, 2021

Texas is awarded no points on this exam.

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JonathanTurley

MARCH 28, 2024

The United States Court of Appeals for the Fifth Circuit has blocked border enforcement by the state under Texas’s SB 4. Many of us had predicted this result given the prior precedent of the Supreme Court on the federal preemption of state immigration laws. ’ The Texas and federal laws are not congruent on this score.

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JURIST

NOVEMBER 8, 2023

The US Supreme Court heard oral arguments on Tuesday in a case challenging a federal law that prohibits individuals subject to a domestic violence court order from owning a gun. He pleaded guilty to violating federal law prohibiting his actions. On appeal, the court overturned Rahimi’s conviction and struck down the law.

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JURIST

APRIL 6, 2022

The Oklahoma House of Representatives voted Tuesday to enact a law that makes it a felony to perform or attempt to perform an abortion, except to save the life of the pregnant woman in a medical emergency. 8 in Texas in September 2021. Jackson , many states have enacted copy-cat or otherwise restrictive abortion laws.

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