SCOTUSBlog

APRIL 14, 2021

Ask any constitutional law student to name the most iconic Supreme Court decision, and they’ll probably answer Marbury v. Those two landmark rulings stand as the most celebrated decisions the court has ever issued. Maryland : “[W]e must never forget that it is a constitution we are expounding.” Ohio and Miranda v.

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SCOTUSBlog

OCTOBER 10, 2022

Share In 2018, California voters approved Proposition 12, a ballot initiative that its supporters describe as the country’s strongest law to protect farm animals. On Tuesday, the Supreme Court will hear oral argument in a challenge to the constitutionality of the law.

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JonathanTurley

APRIL 30, 2021

Ohio (a 1969 case that we can discussed much in terms of “violent speech”), the Court struck down an Ohio law prohibiting public speech that was deemed as promoting illegal conduct. Ironically, the was a class discussion on free speech and racism. Swers was quoting Clarence Brandenburg from Brandenburg v.

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JonathanTurley

SEPTEMBER 27, 2021

Here is the column: This past week the American Civil Liberties Union honored the late Supreme Court Justice Ruth Bader Ginsburg on the one-year anniversary of her death — by rewriting her famous defense of a woman’s right to abortion to remove offensive language. This already is being litigated in some lower courts.

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JonathanTurley

NOVEMBER 22, 2022

Image from Supreme Court Petition. City of Pharm in which an Ohio man was prosecuted for posting a parody of his local police department. Now the Court has accepted a different parody case involving Jack Daniels where the company is suing the maker of dog chew toys. The case is Jack Daniel’s Properties Inc. 2d 341 (9th Cir.

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JonathanTurley

SEPTEMBER 26, 2021

Hartop , the United States Court of Appeals for the Sixth Circuit handed down a major ruling in favor of Shawnee State University Professor Nicholas Meriwether, who was disciplined for refusing to use a student’s designated pronoun choices. He lost before the lower court. In Meriwether v. gender identity.”. Schlissel , 939 F.3d

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JonathanTurley

NOVEMBER 28, 2022

Below is my column in The Hill on what is shaping up to be a major Supreme Court term on the issues of parody and satire under the First Amendment. The Court could reframe the constitutional limits for criminal and civil liability in two cases currently on the docket, including one recently granted review. VIP Products LLC.

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JonathanTurley

SEPTEMBER 15, 2022

Today I have the honor of speaking to the judges and lawyers in the 2022 Ohio Judicial conference on the Supreme Court in Columbus, Ohio. I will be discussing the last year of cases and controversies for the Court from leaks to threats as well as the recent and upcoming decisions. ” Andy Warhol Foundation v.

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JonathanTurley

JANUARY 23, 2024

Supreme Court ruled against a provision of federal law that banned computer simulations and virtual pornography under the first amendment. The bill is presumptively unconstitutional in my view, but the Court made an unholy mess of this area in its rulings on obscenity. Ohio , 378 U.S. In a 2002 ruling, the U.S.

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JonathanTurley

APRIL 25, 2023

There is an important ruling this month out of the United States Court of Appeals for the Seventh Circuit, which ruled against former high school music teacher John Kluge for refusing to comply with the school’s pronoun policy for religious reasons. What is most curious about the ruling is the timing. 2000e-2(a)(1). Hardison , 432 U.S.

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JonathanTurley

JULY 13, 2022

Below is my column on the case of the ten-year-old rape victim who allegedly was taken to Indiana because an abortion was barred in Ohio. (A There remain, however, questions as to why the child had to leave Ohio, which has exceptions that would apply to the case. A shorter, edited version of this column ran in the New York Post ).

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JURIST

FEBRUARY 6, 2021

A letter signed by 144 constitutional law scholars and circulated Friday characterizes as “legally frivolous” ex-President Donald Trump’s First Amendment -based defense in his impeachment trial slated to start in the US Senate on February 8.

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JonathanTurley

DECEMBER 31, 2022

California : “I read ‘no law. abridging’ to mean no law abridging.” ” While the court has distinguished “fighting words,” criminal threats and other narrow categories, it does not bestow the government the open right to strip protection of speech that it deems “hateful.” Indeed, in Brandenburg v.

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JonathanTurley

JUNE 7, 2022

Northern District of Ohio. Shapiro Professor Of Public Interest Law. The George Washington University Law School. Fellow, Liberty And National Security Program, Brennan Center For Justice. Former Special Agent, Federal Bureau of Investigation. Washington, D.C. Garnell Whitfield, Jr. Buffalo, NY. Former U.S. Cleveland, OH.

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SCOTUSBlog

APRIL 15, 2022

Share Under established constitutional law, states may generally not tax or regulate property or operations of the federal government. A 1936 federal law waives federal immunity from state workers’ compensation laws on federal land and projects. This principle is known as intergovernmental immunity. Washington.

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JonathanTurley

NOVEMBER 16, 2022

As the Supreme Court has stressed, “implicit in the right to engage in activities protected by the First Amendment [is] a corresponding right to associate with others in pursuit of a wide variety of political, social, economic, educational, religious, and cultural ends.” Superior Court Trial Lawyers Ass’n, 493 U.S.

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SCOTUSBlog

APRIL 13, 2022

During his time as an associate justice from 1877 to 1911, he broke with his colleagues in some of the most consequential – and infamous – rulings that the court has ever issued. Later, Robert sent John a series of letters offering political advice and sharing his efforts to promote John for a Supreme Court appointment.

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JonathanTurley

NOVEMBER 22, 2022

With 382 saleswomen and models, the court found that the group was too large. However, with the 25 salesmen, the court found that an action could be maintained. I was, therefore, gladdened by the Supreme Court ruling 8-1 in favor of free speech in the case, even if it meant a victory for odious Westboro Church.

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JonathanTurley

AUGUST 2, 2021

In Ohio, $1 million lottery prizes were offered to those willing to take the shots; other states offered free metro or free museum passes. For people already distrustful of the government, the censorship and overheated rhetoric only confirm their suspicions. Government officials then shifted from reasoned to induced or compensated consent.

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JonathanTurley

FEBRUARY 27, 2023

While the Supreme Court has allowed limited exceptions, it does not bestow on the government the open right to strip protection of speech because it is deemed “hateful.” Ohio, a 1969 case involving “violent speech,” the court struck down an Ohio law prohibiting public speech that was deemed as promoting illegal conduct.

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JonathanTurley

JUNE 20, 2022

Ohio , the Supreme Court ruled in 1969 that even calling for violence is protected under the First Amendment unless there is a threat of “ imminent lawless action and is likely to incite or produce such action.”. That is legitimately concerning and chilling language. In Brandenburg v.

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JonathanTurley

APRIL 19, 2021

Ohio , where the Supreme Court stressed that even “advocacy of the use of force or of law violation” is protected unless it is imminent. These civil lawsuits actually raise claims like the infliction of emotional distress that were directly and unequivocally rejected by the Supreme Court. Trump’s Jan.

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JonathanTurley

JANUARY 8, 2022

Inslee’s proposals raise the same questions that we discussed in relation to “stolen valor” laws. The Supreme Court struck down the Stolen Valor Act. Alvarez , the Court held 6-3 that it is unconstitutional to criminalize lies — in that case lying about receiving military decorations or medals. In Lamont v.

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JonathanTurley

MARCH 13, 2022

My grandfather was a union organizer and a coal miner who developed black lung in the mines of Ohio. Alexandria Ocasio-Cortez who questioned the very need for the Supreme Court when it was not ruling in line with her own views : “How much does the current structure benefit us? On court packing alone, leading Democrats like Sen.

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JonathanTurley

JUNE 17, 2022

It was due to the paucity of direct evidence of a crime that would hold up in court. LEXIS 1033 *, 2021 WL 633384, the court noted: Attempted murder requires a finding of specific intent to kill such that implied malice is insufficient to support a conviction for that offense. See People v. Gillespie, 2022 Cal. Indeed, in People v.

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JonathanTurley

FEBRUARY 8, 2021

It did not matter that the Supreme Court has roundly rejected such sweeping interpretations of bribery, extortion and related political corruption. One possible reason is that it would collapse in court. policy but instead is wrongfully demanding actions by Ukraine that would benefit him personally.” That simply is not true.

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The Crime Report

NOVEMBER 19, 2021

So Chemerinsky, one of the nation’s leading authorities on constitutional law, decided to write a book focusing on how the Supreme Court has (or has not) addressed the challenge of policing throughout its judicial history. One, ‘Is public pressure in this area of life going to change the Supreme Court?”

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JonathanTurley

MAY 26, 2022

Addressing the scope of this right is key to defining and supporting this right in constitutional law. However, many politicians are pushing an unlimited view of the right that raises both constitutional and political questions — an approach that far exceeds what the current Roe case law supports. Senate in Ohio.

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JonathanTurley

NOVEMBER 21, 2023

Ohio, a 1969 case involving “violent speech,” the court struck down an Ohio law prohibiting public speech that was deemed as promoting illegal conduct. Phelps, also in 2011, the court said the hateful protests of Westboro Baptist Church were protected. .” That is demonstrably and completely wrong.

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JonathanTurley

NOVEMBER 16, 2023

This switchboarding process was confirmed by Brian Scully of the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA), during prior court testimony. Ohio , 378 U.S. 184 (1964): “I shall not today attempt further to define [it] … But I know it when I see it.”

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JonathanTurley

FEBRUARY 8, 2021

That may be technically true in the sense of an actual defense to enjoin or bar impeachment in court. 6 th constitutes actual incitement to insurrection. Ohio which are ultimately First Amendment cases. Ohio are used to determine if speech is criminal incitement or protected speech. That raises cases like Brandenburg v.

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JonathanTurley

SEPTEMBER 26, 2022

It is the same approach that the President took during the last presidential campaign where he simply refused to state his position on court packing until after the election. Those words from a Democratic political consultant refer to the Supreme Court’s overturning of Roe v. In Dobbs v.

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JonathanTurley

APRIL 2, 2022

District Court for the Central District of California this week have electrified commentators across the networks and the Internet. The declarations by the court have led to a frenzy in the media and renewed calls for the prosecution of the former president. “The illegality of the plan was obvious.” Those words of Judge David O.

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JonathanTurley

AUGUST 19, 2021

” With that line, Biden pledged to indemnify people who violate state laws, including orders upheld by the courts. Biden’s call to use civil rights laws to challenge anti-mask mandates was itself controversial. The Administration racked up an impression array string of losses by the first six months in court.

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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. 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. .” In Brandenburg v.

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JonathanTurley

FEBRUARY 15, 2021

The House managers cited a letter from law professors declaring the argument “frivolous” even though some of those professors believe Trump’s speech may indeed be protected under cases like Brandenburg versus Ohio. At least not in a trial of Trump. In other words, it doesn’t have to meet the definition of incitement.

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JonathanTurley

JANUARY 7, 2021

As a compromise, the commission was formed and consisted of 15 members : five Supreme Court justices and five members from each chamber of Congress. Courts are likely to recognize that Congress has a more substantive role, particularly when rivaling sets of electors are presented or there is clear evidence of fraud.

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