JonathanTurley

OCTOBER 19, 2021

We have seen criminal charges for videotaping crime scenes in other countries. We also discussed a torts case involving a delay in calling police, but that case involved people who were deemed partially responsible for a death. In torts, there is no duty to rescue rule. Cf: Restatement, Torts, § 322.

Tort 45

Tort Misdemeanor Legal Legal 45

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.

Tort 35

Tort Court Compensatory Damages Punitive Damages 35

JonathanTurley

AUGUST 25, 2021

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. In Ashcroft v. In New York Times v.

Personal Injury 47

Personal Injury Court Rules Tort Statute 47

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.

Tort 57

Tort Court Court Rules Constitutional Law 57

JonathanTurley

MARCH 31, 2021

The second “Count Five” is actually just a demand for punitive damages, rather than an actual separate tort. 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. .”

Punitive Damages 51

Punitive Damages Tort Statute Court 51