Constitutional Law Reporter

JUNE 17, 2022

Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. In Egbert v. Boule , 596 U.S. _ (2022), the U.S. Border Patrol agent. Border Patrol agent.

Cause of Action 52

Cause of Action Court Tort Immigration 52

JonathanTurley

SEPTEMBER 9, 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. America Online, Inc., 3d 327, 330-31 (4th Cir.

Tort 34

Tort Court Compensatory Damages Punitive Damages 34

JonathanTurley

JULY 23, 2021

What is interesting is that the Chapter includes a ban on any constitutional, contractual, or regulatory lawsuit for losses under this ban. NO PRIVATE CAUSE OF ACTION. (a) ” An actual state boycott could raise serious constitutional questions in interfering with interstate commerce and free speech.

Cause of Action 50

Cause of Action Government Manufacturing Laws 50

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 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. Westboro’s funeral picketing is certainly hurtful and its contribution to public discourse may be negligible. Here is the provision : 1708.85. (a)

Tort 43

Tort Cause of Action Court Constitutional Law 43