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.

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Tort Court Compensatory Damages Punitive Damages 33

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. French, 104 Pa.

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Tort Misdemeanor Legal Legal 42

JonathanTurley

JUNE 30, 2021

Bill Cosby is a free man after the Pennsylvania Supreme Court overturned the conviction that sent him to jail roughly three years ago to serve 3-10 years for sexual assault. He proceeded to incriminate himself in what the Court said was a bait-and-switch. The court yielded to prosecutorial demands that were facially unconstitutional.

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Tort Depositions Laws Court 47

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.

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Personal Injury Court Rules Tort Statute 43

JonathanTurley

DECEMBER 15, 2021

Florida Southern District Court. He argues that the court is allowed to take “judicial notice” of the agreement in light of the fact that it has been used previously in court, including the voluntary dismissal of her battery claims against Epstein’s former attorney, Alan Dershowitz in a parallel case. Portville Cent.

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Statute Tort Laws Court 35

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. Obviously, truth remains a defense.

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Tort Court Court Rules Constitutional Law 54

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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Punitive Damages Tort Statute Court 48