Constitutional Law Reporter

SEPTEMBER 15, 2021

The District Court ruled that all class members had Article III standing on each of the three statutory claims. Justice Kavanaugh wrote: Under longstanding American law, a person is injured when a defamatory statement “that would subject him to hatred, contempt, or ridicule” is published to a third party. Robins, 578 U.S.

Court 52

Court Cause of Action Tort Punitive Damages 52

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. §

Tort 34

Tort Court Compensatory Damages Punitive Damages 34

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.

Personal Injury 46

Personal Injury Court Rules Tort Statute 46

JonathanTurley

FEBRUARY 3, 2022

Putting aside a later defamation action (though the statute of limitations is a concern), the filing could present an interesting question of whether the statute can be used to chill or curtail free speech. That was the concern that led the Supreme Court to curtail defamation actions.

Punitive Damages 41

Punitive Damages Tort Attorney Statute 41

JonathanTurley

MARCH 31, 2021

The second “Count Five” is actually just a demand for punitive damages, rather than an actual separate tort. COUNT FOUR (Violation of a Public Safety Statute: D.C. COUNT FIVE (Violation of a Public Safety Statute: D.C. That claim runs directly counter to the controlling case law. In Brandenburg v.

Punitive Damages 50

Punitive Damages Tort Statute Court 50