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Unanimous Court Rules FTCA Bars Suit Against Federal Officers

Constitutional Law Reporter

S. _ (2021), the Supreme Court ruled that the Federal Tort Claims Act barred college student James King’s claims of police brutality. The Court unanimously held that the district court’s dismissal of King’s claims under the FTCA triggered the “judgment bar” in 28 U.S.C. In Brownback v.

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Krebs Files Lawsuit Against diGenova, The Trump Campaign, and Newsmax

JonathanTurley

The lawsuit strikes me as meritless under governing tort doctrines. Torts cases of defamation often turn common understanding of such expression as jokes or opinion. The lawsuit not only contradicts governing case law but threatens constitutional protections for free speech and the free press in seeking such tort relief.

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Australia High Court Delivers Major Blow to Free Speech In Defamation Ruling

JonathanTurley

Free speech has always held a precarious position in Australia which does not have an equivalent to the First Amendment in guaranteeing free speech as a constitutional right. Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech.

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Guest Commentary: New Italian Constitutional Reform: What it Means for Environmental Protection, Future Generations & Climate Litigation

ClimateChange-ClimateLaw

On February 8, 2022, the Chamber of Deputies of the Italian Republic gave its final approval to the proposed constitutional law A.C.3156-B 3156-B providing environmental protection amendments to Articles 9 and 41 of the Italian Constitution. By Riccardo Luporini, Matteo Fermeglia, and Maria Antonia Tigre. In Neubauer, et al.

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New Lawsuit Against Trump Could Backfire Over The Use of Labels Like “China Virus” and ‘Wuhan Flu”

JonathanTurley

” What is most interesting about this lawsuit is how it is arguably meritless under both tort and constitutional law. This is a classic example where opinion is protected under tort and constitutional law. Trump could argue truth as a defense and fall back on opinion is needed in any litigation.

Tort 38
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The Case Against the Impeachment of Alejandro Mayorkas

JonathanTurley

The courts have long recognized that presidents are allowed to establish priorities in the enforcement of federal laws, even when those priorities tend to lower enforcement for certain groups or areas. If Mayorkas is violating federal law, he can be brought to court to enjoin his actions. It is a matter of discretion.

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“Refuse At Your Peril”: Does The Lincoln Project Have A Credible Defamation Case Against Giuliani?

JonathanTurley

As someone who has taught defamation torts for thirty years, the Trump Administration has been a bonanza of such cases and controversies. I regularly criticized Donald Trump for his calls to change defamation laws. The Court in cases like New York Times v. It is not clear who will be suing as individuals or the group or both.

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