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Constitutional Law

SCOTUS Gives Students Big Win in 1st Am. Case

The Supreme Court ruled in favor of a former high school cheerleader who argued that she should not be punished by her public school for posting a profanity-laced caption on Snapchat when she was off school grounds. The case involving a Pennsylvania teenager was closely watched to see how the court would balance the free speech rights […]

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Constitutional Law Employment Law

SCOTUS dissent is message to reverse Church/State law

The Supreme Court deciding not to hear a case is a regular occurrence. Getting SCOTUS to hear a case is exceedingly hard, and as Chief Justice, John Roberts has shrunk the Court docket to 1960s numbers. But what seems like a quiet little denial of certiorari yesterday is actually a not-so-cryptic message from the right […]

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Constitutional Law Criminal Law

Texas Indictment of Netflix Over “Cuties” Violates First Amendment, Denigrates Art

There is much wrong with a Texas County deciding to indict Netflix for its distribution of the French film Cuties. First about the movie – Netflix released “Cuties,” originally titled “Mignonnes,” last month to strong national reaction. The French-language film centers on 11-year-old Amy, a Senegalese immigrant, who becomes a member of a dance group dubbed the “Cuties.” […]

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Entertainment Law Litigation

Joy Reid Loses Libel Suit but Big Loser Will Be Media

Prominent MSNBC anchor Joy Reid lost a big appellate decision that will shape the rules of many cases involving free speech. Fighting this case made no sense and in the end it dealt a large blow to protections long relied upon by the media. Last week, the Second Circuit Court of Appeals reinstated libel claims from […]

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Constitutional Law

SCOTUS Opinion on COVID Church Restriction is Brief But Says a lot About the Court.

A few days ago, at midnight, the Supreme Court rejected a church’s challenge to California’s COVID-19 restrictions by a 5–4 vote, with Chief Justice John Roberts joining what is considered the liberal wing of Breyer, Sotomayor, Ginsburg and Kagan. In a pointed concurring opinion, Roberts chided the conservative wing for trying to override public health […]

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Constitutional Law

When is a 40 ft. Cross on Public Land Not a Religious Endorsement? When SCOTUS Says So, That’s When.

The Supreme Court ruled on June 20, 2019 that a 40-foot World War I memorial in the shape of a Christian cross on Maryland public land does not violate the U.S. Constitution. The American Humanist Association, a nonprofit that promotes the separation of church and state, originally sent a letter  to the Maryland-National Capital Park […]

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Constitutional Law

Eliminating Religious Exemption to Vaccination Should Withstand First Amendment Challenge

The recent outbreaks of measles and mumps across the country have been linked to communities and families that claim a religious exemption to the vaccine and to “anti-vaxxers” who claim a link between the vaccines and autism. The development of vaccines, beginning at the end of the 18th Century, had all but eradicated smallpox, measles […]

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Constitutional Law Intellectual Property

Will Roy Moore Win His $95 Million Lawsuit Against Sacha Baron Cohen? Hint: No, He Will Lose.

Former Alabama Senate candidate and State Supreme Court Judge Roy Moore has filed a $95 million defamation lawsuit against comedian Sacha Baron Cohen, Showtime and CBS after he appeared on Cohen’s series, “Who Is America?” In July, Moore appeared on the third episode of Who is America?, a Showtime series where the comedian disguises himself […]

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Constitutional Law

Can Public Employees Be Made to Sign Non-Disclosure Agreements?

Omarosa Manigault Newman will likely be continuing to make headlines for a little while longer as she can be expected to continue trickling out information from her time as a member of the Trump White House. The President has already filed for arbitration for a claim against her that she violated a non-disclosure agreement (NDA) […]