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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) […]

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Constitutional Law Restaurant and Hospitality Law

Fed Ct Says State Can’t Keep “Wandering Dago” Truck Away From Racetrack

An Upstate NY food truck that serves fusion barbecue fare under the name “Wandering Dago” scored a significant victory at the end of a legal battle with the State, which had banned Wandering Dago from serving its offerings at the Saratoga Race Track. and as part of the NY State Lunch Program on the Empire […]

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Constitutional Law

Shutting Down a Neo-Nazi Website Can Be More Dangerous Than the Neo-Nazis

In an article published last night, TThe Electronic Frontier Foundation makes strong arguments why it was wrong for Google. Cloudflare and GoDaddy to refuse to continue to manage the domain of The Daily Stormer, a neo-Nazi website and magazine. Allowing these major controllers of the Internet to shut a site down based on legal content […]

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Constitutional Law

Fed Ct. Rules First Amendment Stops Public Official From Blocking Social Media Followers

A Virginia Federal Court has ruled that a public official’s blocking of a Twitter follower of the public official’s Facebook was a violation of the follower’s First Amendment rights. The caseDavidson v. Loudon County Board of Supervisors, involved the chair of the Loudoun County Board of Supervisors, Phyllis J. Randall. In her capacity as a […]

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Constitutional Law Criminal Law Litigation

Supreme Court Ducks Main Issue in Internet Threat Case

The Supreme Court yesterday issued a long awaited decision in Elonis v. United States that failed to address the core issues presented by the case involving harsh language posted on the Internet. Under a 1939 federal criminal statute prohibiting the communication of threats, Anthony Elonis was charged with threatening his wife; a kindergarten class; and […]

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Constitutional Law Copyright Law Intellectual Property Litigation

Georgia Supreme Court Rules That Internet Posts About Someone Don’t Constitute “Stalking”

The Supreme Court of Georgia unanimously overturned a lower court’s permanent protective order against a Columbus, Georgia businessman named Matthew Chan; Chan had been hit with the order back in 2013 when a woman named Linda Ellis claimed she feared for her safety after reading 9 posts on Chan’s website, called ExtortionLetterInfo.com (“ELI”). [Disclaimer: Since […]

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General

Religious Clubs at Public Universities Can’t Exclude Non-Believers

Another 5-4 close one.  Who needs the World Cup when you got Supreme Court justices brawling it out over the Constitution? (OK, I do, also). Anyway, in another contentious split decision, the left side gets a rare win as “Swing Man” Kennedy joins Judge Ginsburg’s opinion in Christian Legal Society v. Martinez, decided yesterday.  Quick […]