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Was Rittenhouse’s Possession of the AR-15 Unlawful?

JonathanTurley

At trial, however, prosecutor Thomas Binger at points seemed to be learning the governing law from Rittenhouse. Criminal laws are supposed to be interpreted narrowly. It is called the “rule of lenity” and has been around in the English system for centuries.

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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. 230(b)(5).

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Fourth Circuit Overturns Conviction Of Retired Air Force Colonel For Using Racial Slur

JonathanTurley

.” However, the appellate panel corrected noted that such laws are narrowly construed in light of controlling precedent. This includes Virginia state court rulings that the statute must be confined to speech that has “a direct tendency to cause acts of violence by the person to whom, individually, [the language is] addressed.”

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Could The Arrest of FBI Agent Undermine The Whitmer Kidnapping Case?

JonathanTurley

Courts look to two elements in entrapment cases. While the government can encourage criminal conspirators, the courts ask whether the offense was induced by a government agent and whether “the defendant was disposed to commit the criminal act prior to first being approached by Government agents.”

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The Constitutional Abyss: Justices Signal a Desire to Avoid Both Cliffs on Presidential Immunity

JonathanTurley

It has been almost 50 years since the high court ruled presidents have absolute immunity from civil lawsuits in Nixon v. The court held ex-President Richard Nixon had such immunity for acts taken “within the ‘outer perimeter’ of his official responsibility.” It was effectively a “Trust us, we’re the government” assurance.

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Ninth Circuit Rules Against Seattle in Using “Heckler’s Veto” in Arrest of Pro-Life Protester

JonathanTurley

We now have a major decision out of the United States Court of Appeals for the Ninth Circuit that could prove an important precedent in resisting the growing anti-free speech movement in the United States. City of Seattle , the court ruled against Seattle in a case involving the arrest of a pro-life protester. In Meinecke v.

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Eleventh Circuit Rules for DOJ on Classified Documents As Trump Claims the Right to Declassify with a Thought

JonathanTurley

.” It is a position likely to further alienate both the Special Master and the appellate court, which have already expressed frustration with the lack of support offered for declassification claims. government with a constitutional Jedi-like power. So when you send it, it is declassified. I declassified everything.”.

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