JonathanTurley

JULY 24, 2021

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.” Writing for the 5-4 majority, Justice Bryon White ruled that.

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JonathanTurley

MAY 25, 2021

There is an interesting case out of Kansas where an alleged rape victim has used a 134-year-old law to seek her own grand jury after prosecutors reached a plea bargain with the alleged attacker. Now, Smith is asserting the right to charge him with rape in the same case after the prosecution and the court signed off on the plea agreement.

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JonathanTurley

APRIL 26, 2024

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.” Fitzgerald. Yet in 1974’s United States v.

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JonathanTurley

APRIL 20, 2024

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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JonathanTurley

NOVEMBER 23, 2022

New York Democrats continue to pass laws that are virtually guaranteed to be struck down and further reinforce Second Amendment rights. The latest provision involves the possible criminal prosecution for possessing a gun on private property if owner has not approved such possession on the premises. Bruen, 142 S. in Christian v.

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JonathanTurley

AUGUST 25, 2021

Supreme Court ruled against a provision of federal law that banned computer simulations and virtual pornography under the first amendment. the Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. This is such a case in my view.

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JonathanTurley

MARCH 13, 2021

Courts have upheld the right of citizens to insult police, which is an unfortunate aspect of policing. Thus, in 2015, the Washington Supreme Court ruled that police could not arrest a 17-year-old who called them “pigs.”

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JonathanTurley

SEPTEMBER 22, 2022

He makes direct reference to being given different accounts of the controlling law. Egan where the Supreme Court ruled in 1988 that “the protection of classified information must be committed to the broad discretion of the agency responsible, and this must include broad discretion to determine who may have access to it.”.

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JonathanTurley

APRIL 29, 2023

The decision comes after two other district courts ruled in favor of the law — sending this issue to the United States Court of Appeals for the Seventh Circuit and potentially the Supreme Court. Law enforcement and prosecutors should take their obligations to enforce these laws seriously.

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JonathanTurley

JUNE 20, 2022

Indeed, professors have been making analogous statements for years without investigation, let alone criminal charges. Officials then moved under “Red Flag” laws to seize four rifles and three handguns. That would seem to convert the hate crime law into a hate speech law. In Brandenburg v.

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JonathanTurley

APRIL 19, 2021

While it is possible that members could find a trial judge to rule in their favor, these lawsuits should fail on appeal, if they get that far. Moreover, they would fail under a lower standard of proof than the “beyond a reasonable doubt” standard in criminal law. Trump’s Jan.

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JonathanTurley

JANUARY 8, 2022

Jay Inslee called for the criminalization of “lies” about election results. Such a law would threaten political speech and create a chilling effect for those who want to raise such concerns in contested elections. We have seen other Democratic leaders use the criminal process in similarly reckless fashions.

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JonathanTurley

JUNE 17, 2022

In past columns, we have discussed how Harvard Law professor Laurence Tribe seems intent upon running through the entire criminal code in declaring clear evidence of every federal crime by former President Donald Trump and/or his family. You don’t have to go to law school to know that there’s something seriously criminal about that.

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JonathanTurley

JANUARY 13, 2021

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. The Court sought to create “breathing space” for the media by articulating that standard that now applies to both public officials and public figures.

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JonathanTurley

FEBRUARY 5, 2024

Below is my column in The Hill on the worsening situation at the Southern border and how the Supreme Court laid the seeds for this crisis over a decade ago. The courts have left few options for either the states or Congress in compelling the enforcement of federal law. They have often found the courts closed to them.

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JonathanTurley

DECEMBER 8, 2020

Rather, she declared that she was not convinced the order was “wise or just” or “lawful.” Yet, the Supreme Court ruled that she was wrong and the OLC was right. The order was constitutional. Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University.

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JonathanTurley

MARCH 31, 2021

In my view, the lawsuit contravenes free speech as well as controlling case law from the Supreme Court. That claim runs directly counter to the controlling case law. In rejecting a suit against the church on constitutional grounds, Chief Justice John Roberts wrote: “Speech is powerful. .” In Brandenburg v.

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JonathanTurley

DECEMBER 20, 2022

Experts like Harvard law professor Laurence Tribe have previously declared Trump’s felonies were shown “without any doubt, beyond a reasonable doubt, beyond any doubt, and the crimes are obvious.” That speech appears protected by the First Amendment and existing Supreme Court precedent. At 4:17 p.m., In Brandenburg v.

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JonathanTurley

JANUARY 6, 2022

They knew that a court would throw out such an indictment and, even if they could find a willing judge, any conviction would be thrown out on appeal. Being callous or slow in making public statements may make you a bad person or bad president but it does not make you an actual criminal. In Brandenburg v.

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