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He argued that academic integrity was being sacrificed for sports. In that case, the Supreme Court ruled in favor of public high school teacher Marvin Pickering, who wrote a letter to the local newspaper criticizing a school board’s allocation of funding for athletic programs. The decision is a substantial victory for free speech.
I’ve discussed the New York public nuisance law aimed at gun manufacturers, a law that doubles down on a failed legal theory using torts as a substitute for direct legislative bans or barriers. They should have an excellent shot at a preliminary injunction.
Boebert and Carlson are outspoken in their opposition to gender transitioning for children, transgender athletes competing in girl’s sporting event, and other current controversies. It would also not pass constitutional muster, in my view. The most obvious form of civil liability would be some type of tort action.
Or you watch a football game with friends and try to explain that the cameraman wiped out by the running back would have a great torts case. It will be a fun bit of trivia for constitutionallaw geeks, but it was also telling. Some of these executive orders, if implemented directly, could be challenged in court.
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