By Marianna Wharry | May 7, 2024
"Alabama can no more restrict people from going to, say, California to engage in what is lawful there than California can restrict people from coming to Alabama to do what is lawful here," U.S. District Judge Myron H. Thompson wrote.
By Andrew Denney | May 6, 2024
Eric Soehnlein of the Buffalo-based Soehnlein Law PLLC represented defendant Peter Gerace Jr. in connection with criminal charges arising from a 2021…
New York Law Journal | Analysis
By Martin A. Schwartz | May 6, 2024
Although Section 1983 and the Fourteenth Amendment draw a dichotomy between state action and private action, the real world is much messier than that. In 'Lindke v. Freed', the U.S. Supreme Court in a unanimous decision provided guidance for determining when a state or local official's social media activities constitute state action.
By Jimmy Hoover | May 3, 2024
"[I]f a state's regulation of minors' access to sexual content burdens adults' access to constitutionally protected expression, then the regulation must satisfy strict scrutiny," the Free Speech Coalition tells the justices.
By Steve Lash | April 29, 2024
Disparate treatment based on sex and gender identity violates Equal Protection Clause, appeals court says.
By The New Jersey Law Journal | April 26, 2024
We have advocated for cameras in courtrooms in many editorials over many years. That need has now become urgent.
The Legal Intelligencer | News
By Aleeza Furman | April 25, 2024
The defendant claimed that the case "hinges on a fundamental constitutional issue that has implications far beyond the professional liability context: whether a trial court can prioritize run-of-the-mill, non-constitutional scheduling concerns over a litigant's constitutional right to freely exercise his religious beliefs."
Legaltech News | Expert Opinion
By Shawn Helms, Jason Krieser and Peter Scheyer | April 24, 2024
The Fourth and Sixth Amendments present contexts where the legal profession will continue to grapple with the blurred line between human and machine. These amendments, respectively, protect the rights of individuals against unreasonable searches and seizures and ensure that individuals have the right to confront witnesses that testify against them.
By John M. Baker and Katherine M. Swenson | April 23, 2024
The Eighth Circuit recently affirmed the Western District of Missouri's denial of summary judgment based on qualified immunity to two individual defendants who had been sued for First Amendment retaliation under Section 1983.
By Jimmy Hoover | April 22, 2024
"Municipalities have competing priorities," said Chief Justice John Roberts Jr. "Why would you think that these nine people [on the Supreme Court] are the best people to judge and weigh those policy judgments?"
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