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Australia High Court Delivers Major Blow to Free Speech In Defamation Ruling

JonathanTurley

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. Congress recognized the threat that tort-based lawsuits pose to freedom of speech in the new and burgeoning Internet medium. 47 U.S.C. §

Tort 34
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Could Cosby Sue For Wrongful Conviction?

JonathanTurley

Roughly 30 states and the District of Columbia have statutes allowing for recovery for wrongful convictions and imprisonment. It must be done under common law, which is challenging. Under common law, Cosby could sued for malicious prosecution. Pennsylvania is not one of them (which is quite surprising). However, recently Gov.

Tort 48
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“Nevermind”: California Man Sues Band 30 Years After Being Featured as a Naked Baby on Iconic Cover

JonathanTurley

The case is brought under statutes like 18 U.S.C. the Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. Likewise, areas like defamation have been limited by the First Amendment. In New York Times v.

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Aged Out at 17? Prince Andrew Raises Surprising Defense to Giuffre Lawsuit

JonathanTurley

. “[t]he CVA effectively strips defendants of any timeliness defense so long as the conduct over which they are sued constitutes a sexual offense under Article 130 or violations of other enumerated statutes.

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Trump’s Liability Or Opportunity? Two Capitol Police Officers Sue Trump Over Capitol Riot

JonathanTurley

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. The first five counts are: COUNT ONE (Directing Assault and Battery).