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Daily Report Online

Updated: McAfee Rejects Trump's First Amendment Challenge to Fulton Indictment in Election Case

"Even core political speech addressing matters of public concern is not impenetrable from prosecution if allegedly used to further criminal activity," the judge wrote.
4 minute read

New York Law Journal

Constitutional Limits on Congressional Investigations Into Palestine-Israel Advocacy

This article discusses two McCarthy-era Supreme Court decisions in conjunction with a current Congressional investigation that highlight how the First Amendment significantly limits the otherwise broad investigative authority of Congress.
9 minute read

National Law Journal

9th Circuit Weighs if Mandatory Bar Membership Violates 1st Amendment

"Is there anything that the Oregon State Bar president can say publicly as the president of the Oregon State Bar with a mandatory membership that you think would not be (constitutionally) problematic?" Judge John Owens asked.
5 minute read

New York Law Journal

Denial of Building Permit Applications Appealed; Housing Discrimination: This Week in Scott Mollen's Realty Law Digest

In his Realty Law Digest, Scott Mollen discusses" BMG Monroe I LLC v. Village of Monroe," and "Housing Rights Initiative v. Corcoran Group."
18 minute read

National Law Journal

ABA Wades into Spousal Visa Dispute at Supreme Court, Cites Due Process Concerns

The lawyers' group explained its involvement, stating that "allowing consular officers to rely on 'secret evidence' that is not disclosed to the applicant ... prevents attorneys from providing reliable legal advice to clients."
5 minute read

New Jersey Law Journal

US Supreme Court's Opinion Involving Man Placed on No-Fly List Clarifies Mootness

Often an opinion serves as an important reminder to litigants, their counsel and even lower courts, of important principles that must be honored for the case to proceed. FBI v. Fikre is such a case.
5 minute read

New Jersey Law Journal

Proposed Environmental Rights Amendment Has Good Intentions, but Likely Unknown Consequences

Broad, open-ended constitutional language is a grant of authority to the courts that have the final decision about what it includes, what it prohibits, and what it requires. In our system, that includes the power to override the will of the two elected branches of the state government.
4 minute read

National Law Journal

South Carolina Can Use Map Under Supreme Court Review in 2024 Elections, Judges Rule

The panel's decision to allow what it considers to be an unconstitutional "racial gerrymander" to be used is a result of the Supreme Court's monthslong delay in ruling on the map's validity.
5 minute read

Daily Report Online

Updated: McAfee Hears Pretrial Motions in Ga. Election Interference Case; Trump Team Cites First Amendment

The former president's lawyers made First Amendment arguments, while a former Georgia GOP chairman and lawmaker sought to remove three phrases from his indictment.
5 minute read

National Law Journal

Sentencing Appeal Highlights Supreme Court's 'History and Tradition' Focus, Debate

When the text of the Constitution "does not tell us the answer...we usually look to history," Justice Brett Kavanaugh said. "We might not like it, but unless we're just making it up, I don't know where else we're going to look."
6 minute read

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