Constitutional Law Court Rules Criminal Law Statute 
JonathanTurley
NOVEMBER 14, 2021
However, the most damaging moment came outside of the presence of the jury when the judge drilled down on the law. He told the prosecutors “I have been wrestling with this statute with, I’d hate to count the hours I’ve put into it, I’m still trying to figure out what it says, what’s prohibited. I have a legal education.”
JonathanTurley
MAY 12, 2021
.” The language of the statute in my view is unconstitutional due to its sweeping criminalization of any “curse or abuse” that could “provoke a breach of the peace.” ” However, the appellate panel corrected noted that such laws are narrowly construed in light of controlling precedent.
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JonathanTurley
SEPTEMBER 9, 2021
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. 47 U.S.C. §
JonathanTurley
MAY 25, 2021
Notably, this attack occurred when the courts were conducting a major review of this law. In 2018, the Court of Appeal of Kansas address a case of a citizen grand jury. The district court erred when it held that Davis was required to allege specific facts in his petition. Davis has met this standard.”
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.
JonathanTurley
AUGUST 25, 2021
The case is brought under statutes like 18 U.S.C. Civil and statutory claims can be curtailed by constitutional limitations. Supreme Court ruled against a provision of federal law that banned computer simulations and virtual pornography under the first amendment. This is such a case in my view. In 2002, the U.S.
JonathanTurley
JUNE 17, 2022
The Court wrote that “[s] ince the statute does not specify the elements of “attempt to kill,” they are those required for an “attempt” at common law, … which include a specific intent to commit the unlawful act. Indeed, such a claim would contradict controlling Supreme Court precedent.
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