article thumbnail

Kentucky man says police violated Fourth Amendment by searching his backpack during arrest

SCOTUSBlog

This week, we highlight petitions that ask the court to consider, among other things, whether a backpack that is outside the reach of a person in handcuffs falls within the warrant exception. A Kentucky appeals court agreed with Bembury that the search was likely unconstitutional. Acknowledging that the U.S. In Bembury v.

Court 103
article thumbnail

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

JonathanTurley

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts. 47 U.S.C. §

Tort 34
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Timber industry, federal government battle over preservation of southern Oregon forest

SCOTUSBlog

Accordingly, both courts of appeals held that the two laws work in tandem, even if in tension, to guide the executive branch’s authority over the Oregon forest. Biden , the challengers ask the justices to grant review and reverse the lower courtsrulings. In American Forest Resource Council v. United States and Murphy Co.

article thumbnail

Corpus Linguistics in the Sixth Circuit and Beyond

SquirePattonBoggs

Corpus linguistics is a tool used to identify the original public meaning of words – no small thing when the outcome of a case often hinges on the meaning of a single word in a statute or the Constitution. These examples underscore corpus linguistics’ utility in ascertaining the meaning of statutes. 20-56174, 2022 U.S. 6 (9th Cir.

Statute 45
article thumbnail

Spooky Torts: The 2023 List of Litigation Horrors

JonathanTurley

The court ruled against her and found that the park’s duty was only to “make conditions as safe as they appear to be” and that Munoz “ was aware of the risk she encountered, and expected to be surprised, startled, and scared.” See Pennsylvania General Assembly Statute §7102. Kentucky v.

Tort 48
article thumbnail

June 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute.

Court 42
article thumbnail

“True Threats”: Ninth Circuit Rules That Threats Against Mitch McConnell May Be Prosecuted

JonathanTurley

A5 (stating, “The Kentucky Resistance is going to hang you by your pussy lips and punish you,” but not identifying himself as being part of “The Kentucky Resistance”); Opp’n Ex. A8 (stating, “… the Kentucky Resistance is going to totally execute you. They have stated youare a deadman!