JonathanTurley

NOVEMBER 18, 2022

In its earlier summary judgment ruling , the court began with a discussion of the highly analogous case of Pickering v. 205 , 391 U.S. 563, 574 (1968).

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JonathanTurley

MARCH 21, 2021

Sullivan, sued for defamation and won under Alabama law. Sullivan’s lawsuit was one of a number of civil actions brought under state laws that targeted Northern media covering the violence against freedom marchers. These are extremely rare rulings and, in my view, the use the defense in this case was a mistake. seven times.

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JonathanTurley

JANUARY 31, 2021

As someone who has taught defamation torts for thirty years, the Trump Administration has been a bonanza of such cases and controversies. I regularly criticized Donald Trump for his calls to change defamation laws. The Court in cases like New York Times v. The Lincoln Project is the latest example. Phelps , 562 U.S.

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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

APRIL 27, 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

NOVEMBER 22, 2022

It would also not pass constitutional muster, in my view. The most obvious form of civil liability would be some type of tort action. Moreover, arguing that these speakers induced violence under another form of tort liability would be quickly rejected under the First Amendment. The Court in cases like New York Times v.

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JonathanTurley

FEBRUARY 3, 2022

” The lawsuit is novel and would create new law, if successful. The complaint alleges that the defendants sought to “obstruct a constitutional proceeding by intimidating and retaliating against a key witness.” The question is whether that is political speech or an actual violation of federal law.

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JonathanTurley

MAY 23, 2021

” What is most interesting about this lawsuit is how it is arguably meritless under both tort and constitutional law. This is a classic example where opinion is protected under tort and constitutional law. Trump could argue truth as a defense and fall back on opinion is needed in any litigation.

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JonathanTurley

DECEMBER 9, 2020

The lawsuit strikes me as meritless under governing tort doctrines. Torts cases of defamation often turn common understanding of such expression as jokes or opinion. The lawsuit not only contradicts governing case law but threatens constitutional protections for free speech and the free press in seeking such tort relief.

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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

DECEMBER 27, 2020

Now, Harvard Law Professor and Bloomberg columnist has added a Trump-like call for the use of defamation lawsuit to combat “fake news.” Sullivan, sued for defamation and won under Alabama law. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press.

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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. 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 Brandenburg v.

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JonathanTurley

MARCH 8, 2021

First, his lawsuit will force a court to determine if the defendants’ speeches were protected political speech. As if to guarantee failure, Swalwell picked the very tort — emotional distress — that was previously rejected by the Supreme Court. Swalwell’s complaint alleges a failure by Trump to act as violence unfolded.

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JonathanTurley

JANUARY 10, 2024

Despite decades of controversial cabinet members accused of flaunting the law or abusing their positions, Congress has only crossed this Rubicon once. Such releases, however, occurred in prior administrations and the merits of these claims are still being argued in court. That was Secretary of War William Belknap in 1876.

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