Constitutional Law Reporter

SEPTEMBER 3, 2024

Office of Disciplinary Counsel of Supreme Court of Ohio , 471 U.S. The post SCOTUS Remands Content Moderation Cases But Still Delivers First Amendment Lessons appeared first on Constitutional Law Reporter. The Eleventh Circuit similarly found that the statute’s individualized-explanation requirements were likely to fall.

Court 52

Court Laws Constitutional Law Statute 52

JonathanTurley

AUGUST 3, 2024

Born in Ohio in 1927 to a coal miner and union organizer, she is going strong and retains her great sense of humor. I obviously hold a different view of free speech and I welcome the chance to have a civil discussion with lawyers with different viewpoints.

Lawyers 42

Lawyers Lawyer Education Laws 42

JonathanTurley

NOVEMBER 22, 2022

City of Pharm in which an Ohio man was prosecuted for posting a parody of his local police department. Some of us have been following the Novak case as an important free speech case after Anthony Novak was prosecuted for a parody on Facebook to mock the police department in Parma, Ohio. Image from Supreme Court Petition.

Court 51

Court Felony Court Decisions Constitutional Law 51

JonathanTurley

NOVEMBER 28, 2022

He was charged with (and later acquitted of) a felony under an Ohio law prohibiting the use of a computer to “disrupt” or “interrupt” police functions. City of Parma, in which Anthony Novak was prosecuted for posting a parody of the website of his local police department.

Court 55

Court Tort Felony Litigation 55

JonathanTurley

SEPTEMBER 26, 2021

My column yesterday discussed the increasing trend to treat the failure to use a person’s preferred pronouns (called “misgendering”) a type of hate speech or discriminatory conduct. A new case highlights the free speech problems associated with the trend. In Meriwether v.

Court 62

Court Constitutional Law Government Laws 62

LegalReader

NOVEMBER 4, 2021

Ohio lawmakers have introduced new anti-abortion bill.

Court Decisions 52

Court Decisions Constitutional Law Court Laws 52

JonathanTurley

SEPTEMBER 15, 2022

Today I have the honor of speaking to the judges and lawyers in the 2022 Ohio Judicial conference on the Supreme Court in Columbus, Ohio. I will be discussing the last year of cases and controversies for the Court from leaks to threats as well as the recent and upcoming decisions.

Court 6

Court Lawyers Lawyer Government 6

SCOTUSBlog

APRIL 14, 2021

Ask any constitutional law student to name the most iconic Supreme Court decision, and they’ll probably answer Marbury v. Ohio and Miranda v. But enough with March Madness melodrama. This is the final round of the Big Dance, and it’s time to vote. Here’s the championship match-up. 1 John Marshall vs. 3 Earl Warren.

Court 107

Court Education Constitutional Law Court Decisions 107

JonathanTurley

APRIL 15, 2021

The United States Court of Appeals for the Sixth Circuit this week upheld an Ohio law that bans doctors from performing abortions when they know the reason a woman is seeking an abortion is that her baby has Down syndrome. The new law, H.B. It is a major win for pro-life advocates but could face an appeal to the Supreme Court.

Laws 44

Laws Felony Court Constitutional Law 44

JonathanTurley

JULY 13, 2023

Attorney’s Office for the Northern District of Ohio charged Durant with a “federal misdemeanor charge under the Freedom of Access to Clinic Entrances (FACE) Act.”

Misdemeanor 48

Misdemeanor Education Constitutional Law Criminal Law 48

JonathanTurley

JANUARY 23, 2024

Ohio , 378 U.S. As written, this bill is too vague and too broad to pass constitutional muster under existing precedent. The bill is presumptively unconstitutional in my view, but the Court made an unholy mess of this area in its rulings on obscenity.

Court Rules 44

Court Rules Court Laws Constitutional Law 44

JonathanTurley

APRIL 25, 2023

In Ohio, Shawnee State University Professor Nicholas Meriwether, won a major appeal before the Sixth Circuit, which reversed a lower court that initially upheld his punishment for not using a student’s designated pronoun choices. We have discussed the last name option in earlier posts, including the settlement in the Meriwether case.

Court 49

Court Sports Healthcare Constitutional Law 49

JonathanTurley

SEPTEMBER 27, 2021

In Ohio, Shawnee State University Professor Nicholas Meriwether, won a major appeal before the United States Court of Appeals for the Sixth Circuit which reversed a lower court that initially upheld his punishment for using a student’s designated pronoun choices.

Court Rules 56

Court Rules Misdemeanor Court Education 56

JURIST

FEBRUARY 6, 2021

A letter signed by 144 constitutional law scholars and circulated Friday characterizes as “legally frivolous” ex-President Donald Trump’s First Amendment -based defense in his impeachment trial slated to start in the US Senate on February 8.

Legal 211

Legal Legal Misdemeanor Constitutional Law 211

JonathanTurley

JULY 13, 2022

Below is my column on the case of the ten-year-old rape victim who allegedly was taken to Indiana because an abortion was barred in Ohio. (A There remain, however, questions as to why the child had to leave Ohio, which has exceptions that would apply to the case. A shorter, edited version of this column ran in the New York Post ).

Laws 84

Laws Legal Legal Constitutional Law 84

SCOTUSBlog

APRIL 15, 2022

Share Under established constitutional law, states may generally not tax or regulate property or operations of the federal government. A 1936 federal law waives federal immunity from state workers’ compensation laws on federal land and projects. This principle is known as intergovernmental immunity. Washington.

Contract 104

Contract Government Statute Construction 104

JonathanTurley

DECEMBER 31, 2022

Ohio , the Court struck down an Ohio law prohibiting public speech that was deemed as promoting illegal conduct. .” While the court has distinguished “fighting words,” criminal threats and other narrow categories, it does not bestow the government the open right to strip protection of speech that it deems “hateful.”

Laws 59

Laws Court Lawyers Lawyer 59

JonathanTurley

JUNE 7, 2022

Northern District of Ohio. Shapiro Professor Of Public Interest Law. The George Washington University Law School. Fellow, Liberty And National Security Program, Brennan Center For Justice. Former Special Agent, Federal Bureau of Investigation. Washington, D.C. Garnell Whitfield, Jr. Buffalo, NY. Former U.S. Cleveland, OH.

Law School 9

Law School Attorney Laws Constitutional Law 9

JonathanTurley

NOVEMBER 16, 2022

Budish, a federal court reviewed an Ohio law barring members of the state legislature from doing any uncompensated lobbying for a year after leaving office. It found the law to be unconstitutional. That was a law that only imposed a one-year ban. Superior Court Trial Lawyers Ass’n, 493 U.S. In Brinkman v.

Finance 78

Finance Contract Education Government 78

JonathanTurley

AUGUST 2, 2021

In Ohio, $1 million lottery prizes were offered to those willing to take the shots; other states offered free metro or free museum passes. For people already distrustful of the government, the censorship and overheated rhetoric only confirm their suspicions. Government officials then shifted from reasoned to induced or compensated consent.

Government 59

Government Litigation Litigating Legal 59

JonathanTurley

NOVEMBER 22, 2022

Previously, MSNBC legal analyst and Michigan Law Professor Barbara McQuade told MSNBC viewers that Trump could be charged with manslaughter for his role in the January 6 Capitol riot. This would fail for the same reason. In Brandenburg v.

Tort 58

Tort Court Rules Sports Court 58

JonathanTurley

FEBRUARY 27, 2023

Ohio, a 1969 case involving “violent speech,” the court struck down an Ohio law prohibiting public speech that was deemed as promoting illegal conduct. While the Supreme Court has allowed limited exceptions, it does not bestow on the government the open right to strip protection of speech because it is deemed “hateful.”

Government 59

Government Laws Court Constitutional Law 59

JonathanTurley

JUNE 20, 2022

Ohio , the Supreme Court ruled in 1969 that even calling for violence is protected under the First Amendment unless there is a threat of “ imminent lawless action and is likely to incite or produce such action.”. Come on my Chinese folks, white graduating is open season for y’all.”. That is legitimately concerning and chilling language.

Court Rules 47

Court Rules Laws Attorney Constitutional Law 47

JonathanTurley

NOVEMBER 16, 2023

Ohio , 378 U.S. Jonathan Turley, an attorney, constitutional law scholar and legal analyst, is the Shapiro Chair for Public Interest Law at The George Washington University Law School. 184 (1964): “I shall not today attempt further to define [it] … But I know it when I see it.”

Law School 84

Law School Constitutional Law Laws Attorney 84

JonathanTurley

OCTOBER 4, 2024

JD Vance, R-Ohio, cited the massive system of censorship supported by Vice President Kamala Harris and her running mate. Ohio , Goldman cut me off and said, “ We don’t need a law class here.” Here is the column: In the vice presidential debate Tuesday, Minnesota Gov. Tim Walz pulled the fire alarm. His opponent, Sen.

Law School 86

Law School Drafting Laws Government 86

JonathanTurley

APRIL 19, 2021

Ohio , where the Supreme Court stressed that even “advocacy of the use of force or of law violation” is protected unless it is imminent. The reason is that an actual criminal case would lead to a rejection of not just the charge but the basis for the second Trump impeachment. Trump’s Jan.

Criminal Law 65

Criminal Law Laws Law School Legal 65

SCOTUSBlog

APRIL 13, 2022

This was a man who was born enslaved, became a renowned horseracing pioneer, made a fortune in the Gold Rush, brought American thoroughbreds to compete in England, and then emerged as the leading African American politician in the most politically important state, Ohio. As you describe it, conservatives saw the tax as “Socialism in action.

Court 126

Court Education Government Legal 126

JonathanTurley

MARCH 13, 2022

My grandfather was a union organizer and a coal miner who developed black lung in the mines of Ohio. Despite the prejudice that they encountered and difficult times, my Sicilian grandparents celebrated Independence Day like a religious holiday and often discussed their pride when they became American citizens.

Government 59

Government Drafting Constitutional Law Laws 59

JonathanTurley

JUNE 17, 2022

Ohio , the Supreme Court ruled in 1969 that even calling for violence is protected under the First Amendment unless there is a threat of “ imminent lawless action and is likely to incite or produce such action.”. I know of no case where a speech of this kind was treated as sufficient to establish attempted murder. In Brandenburg v.

Mens Rea 57

Mens Rea Law School Laws Felony 57

JonathanTurley

JANUARY 8, 2022

Indeed, this seems like an effort to evade the constitutional limits placed on incitement crimes by the courts. The Inslee law would create a new and vague category for violent speech. In Brandenburg v.

Misdemeanor 59

Misdemeanor Criminal Law Laws Court 59

JonathanTurley

FEBRUARY 8, 2021

6 th constitutes actual incitement to insurrection. Ohio which are ultimately First Amendment cases. Understanding how such language would be viewed by the courts is relevant to weighing whether it should be treated as constitutional violation for the purposes of impeachment. The senators must weigh if Trump’s language on Jan.

Court 58

Court Misdemeanor Legal Legal 58

JonathanTurley

FEBRUARY 8, 2021

Ohio , where the Supreme Court said even “advocacy of the use of force or of law violation” is protected unless it is imminent. I do not fault experts for speculating about such a case — but many are claiming, again, that prosecution would be relatively easy. That simply is not true. The problem is free speech. Trump’s Jan.

Finance 58

Finance Legal Legal Entertainment 58

JonathanTurley

NOVEMBER 21, 2023

Ohio, a 1969 case involving “violent speech,” the court struck down an Ohio law prohibiting public speech that was deemed as promoting illegal conduct. .” That is demonstrably and completely wrong. Hate speech is protected under the First Amendment. You cannot commit hate crimes. Indeed, in Brandenburg v.

Criminal Law 87

Criminal Law Laws Government Constitutional Law 87

JonathanTurley

APRIL 2, 2022

In 2005, it was Democrats who alleged that a presidential election was stolen and challenged the certification in Congress of the votes in Ohio. The court is not simply saying that they are wrong in that view but, because they are wrong, legislative challenges amounted to criminal obstruction of Congress.

Attorney 55

Attorney Legal Legal Court 55

JonathanTurley

AUGUST 19, 2021

This has allowed states like Ohio to literally giveaway millions of federal dollars as part of a state vaccine lottery. Alternatively, there might be money available through the Department of Education. I previously criticized how the Congress appropriated trillions of dollars for states during the pandemic without any meaningful limits.

Laws 60

Laws Education Government Court 60

The Crime Report

NOVEMBER 19, 2021

When Berkeley Law School Dean and constitutional scholar Erwin Chemerinsky taught Criminal Procedure in the Fall of 2019, he became frustrated when he realized many of the cases that were the subject of his lectures ended with the police winning and the rights of suspects losing. What was the biggest mistake there?

Court 122

Court Stare Decisis Court Decisions Law School 122

JonathanTurley

MAY 26, 2022

Addressing the scope of this right is key to defining and supporting this right in constitutional law. However, many politicians are pushing an unlimited view of the right that raises both constitutional and political questions — an approach that far exceeds what the current Roe case law supports. Senate in Ohio.

Constitutional Law 47

Constitutional Law Legal Legal Laws 47