Constitutional Law Reporter

JUNE 17, 2022

Border Patrol agent, that a Turkish national, arriving in Seattle by way of New York, had scheduled transportation to Smuggler’s Inn. Boule filed a grievance with Agent Egbert’s supervisors and an ad- ministrative claim with Border Patrol pursuant to the Federal Tort Claims Act (FTCA).

Cause of Action 52

Cause of Action Court Tort Immigration 52

JonathanTurley

MARCH 21, 2021

While it has received little coverage in the mainstream media, the conservative group Project Veritas won a major victory against the New York Times this week in a defamation case with potentially wide reach. Notably, this follows another significant loss by the New York Times to Sarah Palin last year. seven times.

Tort 87

Tort Litigation Litigating Court 87

JonathanTurley

MAY 6, 2021

I have been a vocal critic of Feres for decades and wrote a three-part study of the military legal system 20 years ago that detailed how this doctrine began in 1950 with a clearly erroneous reading of the Federal Tort Claims Act (FTCA). Rudolph Feres, who died in a fire allegedly caused by an unsafe heating system in his New York barracks.

Court 39

Court Tort Litigation Litigating 39

JonathanTurley

DECEMBER 19, 2021

Below is my column in the Hill on New York’s latest gun control measure — and the latest challenge to a New York law. What is most striking in reviewing the line of gun cases coming out of New York is that the Empire State has done more for gun rights than any “pro-gun” state.

Manufacturing 29

Manufacturing Laws Litigation Litigating 29

JonathanTurley

AUGUST 23, 2023

At the time, I noted that the defamation case would some raise interesting questions: Roice became a limited public figure subject to the higher standard of proof in New York Times v. Baldwin , Judge Edgardo Ramos in the Southern District of New York ruled: Roice is a limited public figure with respect to this dispute.

Tort 37

Tort Litigation Litigating Court 37

JonathanTurley

APRIL 19, 2023

As a legal analyst on Fox News, I have largely refrained from writing about the case. Many of us who teach in the areas of tort and constitutional law were uneasy over the impact of a verdict in light of the Supreme Court’s landmark decision in New York Times v. Sullivan in the 1960s.

Tort 38

Tort Constitutional Law Legal Legal 38

JonathanTurley

FEBRUARY 17, 2022

There is a major development in the Sarah Palin defamation case where a jury recently rejected her claims against the New York Times. The case concerns an editorial by the New York Times where it sought to paint Palin and other Republicans as inciting the earlier shooting. Gabrielle Giffords, D-Ariz was seriously injured.

Litigation 45

Litigation Litigating Court Lawyer 45

JonathanTurley

JANUARY 31, 2021

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. In New York Times v. In Neiman-Marcus v.

Tort 44

Tort Court Laws Court Rules 44

JonathanTurley

MAY 7, 2022

He lost efforts to prevent a $10,000 per day fine for contempt in failing to turn over evidence on his assets in the civil investigation by New York Attorney General Letitia James. While Southern District of New York Judge John Koeltl does not mention sanctions, he does categorically dismiss the actions on various grounds.

Court 33

Court Tort Cause of Action Constitutional Law 33

JonathanTurley

DECEMBER 15, 2021

The Duke of York is arguing that Giuffre was too old at the time of the alleged sexual acts to use the New York Child Victims Act (CVA) to “revive” her claims now. Prince Andrew is arguing that there is an inherent conflict under state law with these claims in light of the general consent law in New York.

Statute 37

Statute Tort Laws Court 37

JonathanTurley

OCTOBER 31, 2022

There was an interesting torts question raised last week over an abortion rights video ad shared by former Secretary of State Hillary Clinton, Democratic Gov. The video was made to support Proposition 1, a pro-choice amendment to the California State Constitution. In New York Times v. Gavin Newsom, and others.

Tort 39

Tort Court Statute Constitutional Law 39

JonathanTurley

AUGUST 25, 2021

In New York Times v. the Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. Likewise, areas like defamation have been limited by the First Amendment.

Personal Injury 46

Personal Injury Court Rules Tort Statute 46

JonathanTurley

APRIL 14, 2022

In New York Times v. However, it is of great public importance to denounce murder as a public value but it is not protected from civil lawsuit if you call your spouse a murderer, if it is untrue. Indeed, the strongest argument for both actors as defendants is their greatest challenge as plaintiffs in the cross cases.

Litigation 36

Litigation Litigating Legal Legal 36

JonathanTurley

MARCH 2, 2022

We have previously discussed the trial, which began with the introduction of evidence that the New York Times editorial board ignored internal objections to publishing the 2017 column linking Palin to the 2011 shooting in Tucson, Arizona in which then-U.S. There are good-faith concerns over that extension of New York Times v.

Court 7

Court Constitutional Law Laws Tort 7

JonathanTurley

FEBRUARY 19, 2022

That issue would have to be decided by the Supreme Court however given the prior ruling in New York Times v. Here is the column: In a trial in New York, federal judge Jed S. The New York Times. Either way, in Rakoff’s courtroom it would read the same: no liability for the New York Times.

Freelance 37

Freelance Court Legal Legal 37

JonathanTurley

APRIL 27, 2021

The Project recently won a significant victory in defeating such a motion from the New York Times. The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in New York Times v. Project Veritas has been accused of misleading edits or accounts.

Tort 57

Tort Lawyer Lawyers Depositions 57

JonathanTurley

JANUARY 24, 2022

It could be claimed that Roice became a limited public figure subject to the higher standard of proof in New York Times v. As discussed yesterday in a different case, public figures or “limited public figures” face a higher standard of proof in defamation cases.

Legal 37

Legal Legal Litigation Litigating 37

JonathanTurley

NOVEMBER 22, 2022

The most obvious form of civil liability would be some type of tort action. One of the leading cases occurred in 1952 in a New York lawsuit. Moreover, arguing that these speakers induced violence under another form of tort liability would be quickly rejected under the First Amendment. In Neiman-Marcus v.

Tort 49

Tort Court Rules Sports Court 49

JonathanTurley

FEBRUARY 3, 2022

He is subject to the higher standard of proof in New York Times v. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. That was the concern that led the Supreme Court to curtail defamation actions.

Punitive Damages 41

Punitive Damages Tort Attorney Statute 41

JonathanTurley

DECEMBER 9, 2020

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.

Tort 36

Tort Lawyer Lawyers Court Rules 36

JonathanTurley

MAY 23, 2021

A new lawsuit by the Chinese American Civil Rights Coalition has garnered national attention in the media where former President Donald Trump is being sued for his use of such terms as the “Chinese Virus,” “China Virus,” “Wuhan Flu,” and “ Kung Flu.” The Court in cases like New York Times v.

Tort 40

Tort Lawyer Lawyers Constitutional Law 40

JonathanTurley

JANUARY 13, 2021

The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in New York Times v. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. In Neiman-Marcus v. Confidential.”

Tort 56

Tort Court Court Rules Constitutional Law 56

JonathanTurley

DECEMBER 27, 2020

The standard for defamation for public figures and officials in the United States is the product of a decision over 50 years ago in New York Times v. The New York Times had run an advertisement referring to abuses of civil rights marchers and the arrest of Martin Luther King Jr. When New York Times v.

Laws 44

Laws Tort Law School Court 44

JonathanTurley

FEBRUARY 18, 2022

It is considered a sacrilege to even raise the possibility of reexamining the legacy of New York Times v. Here is the column: For those of us who teach torts, we are living in the golden age of defamation. Recently, two justices indicated that they might be open to the idea of revisiting New York Times v.

Tort 36

Tort Court Government Statute 36

JonathanTurley

JANUARY 10, 2024

Sanctuary cities from Chicago to New York are actively trying to prevent new migrants from seeking sanctuary within their own borders. Indeed, even under the Federal Tort Claims Act (FTCA) which holds the government liable for civil damages, there is a discretionary function exception codified under 28 U.S.C.

Misdemeanor 43

Misdemeanor Immigration Tort Laws 43

JonathanTurley

DECEMBER 23, 2020

The Court in cases like New York Times v. Sullivan have long limited tort law where it would undermine the first amendment. at 510 (quoting New York Times, 376 U. ” Finally, there is the potential conflict with the First Amendment similar to the Westboro case on the emotional distress tort action.

Tort 43

Tort Cause of Action Court Constitutional Law 43

JonathanTurley

JANUARY 25, 2021

The media from the New York Times to the Los Angeles Times have run editorials encouraging aggressive moves to secure control of the Senate, including the ending of the filibuster. Or you watch a football game with friends and try to explain that the cameraman wiped out by the running back would have a great torts case.

Immigration 51

Immigration Constitutional Law Tort Sports 51