JonathanTurley

MARCH 1, 2024

We have been discussing the alarming shift in higher education in favor of censorship and speech regulations. The most recent example is the interview of University of Michigan Law Professor and MSNBC legal analyst Barbara McQuade by Rachel Maddow.

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LLRX

JULY 31, 2022

The thesis of Albert Chang's paper is the metaverse presents a unique opportunity for effective police reforms because software developers may be able to implement changes more efficiently than Congress as they are not subject to constitutional constraints.

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Government Legal Research Constitutional Law Criminal Law 66

JonathanTurley

NOVEMBER 20, 2023

Here is the column: From academia to corporations to the government, diversity, equity and inclusion (DEI) policies have expanded exponentially in the last 10 years. Law schools are also facing controversial mandates. It is a rare win for dissenting faculty as DEI policies become more expansive and mandatory.

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JonathanTurley

MARCH 10, 2023

This the Constitution forbids.” For some justices, race-based programs in education are generally inimical to our constitutional values. The federal and state governments have long used “set asides” or minority preferences in contracting or benefits. Yet, in 1989, in City of Richmond v.

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JonathanTurley

JANUARY 29, 2022

We discussed today another free speech controversy at University of Illinois (Urbana Champaign) over the student government seeking to bar former Attorney General Jeff Sessions from campus. Kilborn is being represented by the Foundation for Individual Rights in Education (FIRE), which announced the First Amendment lawsuit against the school.

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JonathanTurley

NOVEMBER 14, 2021

At trial, however, prosecutor Thomas Binger at points seemed to be learning the governing law from Rittenhouse. I have a legal education.” The unlawful possession of the gun has been a prominent fact cited not only by the prosecutors but the press. Rittenhouse replied he could not possess a hand gun at his age.

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Statute Misdemeanor Criminal Law Felony 54

JonathanTurley

SEPTEMBER 27, 2021

The government is generally barred from regulating speech because of its message, its ideas, its subject matter, or its content. The key issue here is that this is not just a government space but a school setting where officials have considerable latitude in controlling some forms or symbols of expression. Police Dep’t of Chicago v.

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Legal Research is Easy

AUGUST 5, 2019

The 1st Amendment reads: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

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Constitutional Law Reporter

AUGUST 2, 2023

Relying on “ordinary tools of statutory interpretation,” the six-member majority found that the Secretary of Education lacked authority under the HEROES Act to implement the loan cancellation plan. The Secretary has not truly waived or modified the provisions in the Education Act authorizing specific and limited forgiveness of student loans.

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JonathanTurley

NOVEMBER 14, 2023

Obama declared in the interview that “I’m close to a First Amendment absolutist in the sense that I generally don’t believe that even offensive speech, mean speech, etcetera, it should be certainly not regulated by the government.” It is only a restriction on government action. District Judge Terry A.

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Government Education Court Laws 69

JonathanTurley

DECEMBER 24, 2023

Board of Education , many people seem to be embracing racial segregation as a public good. In Wisconsin, for example, a federal court stopped Biden’s controversial $4 billion race-based federal relief program for farmers, holding that white farmers were found to be “experiencing discrimination at the hands of their government.”

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JonathanTurley

MARCH 31, 2024

Department of Education’s Office for Civil Rights (OCR) is now closed following a settlement to drop any “preference based on race or sex.” Law schools have been accused of “gaming the system” on admissions criteria for years to circumvent federal law and governing cases on the use of race or gender.

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JonathanTurley

JUNE 30, 2023

It erased what the Court viewed as a glaring anomaly in its cases in the treatment of racial discrimination in education as opposed to employment. The Court reaffirmed that all men and women are created equal and will be treated equally in both education and employment. Bakke, the Court barred affirmative action in higher education.

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SCOTUSBlog

OCTOBER 30, 2022

Most prominently, the justices will decide a pair of cases that test the future of race-conscious admissions policies in higher education. Bollinger declared an expectation that affirmative action would no longer be necessary in 25 years — a self-imposed expiration date that would be unheard of in any other area of constitutional law.

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JonathanTurley

SEPTEMBER 23, 2021

A prior poll shows roughly half of the public supporting not just corporate censorship but government censorship of anything deemed “misinformation.” It is the antithesis of free speech and the failure of schools to protect the exercise of free speech is the antithesis of higher education. I disagree.

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JonathanTurley

JANUARY 31, 2022

The ACLU historically opposed laws that denied free speech and other rights under the Constitution, a legacy that I have long cherished and supported. However, this is a transparency law that simply requires teachers and schools to post the educational materials used in class online.

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JonathanTurley

JUNE 27, 2023

” (He did not explain why a message legally acquired by the government from the cloud account of his client would be illegal to include in the report of a congressional investigatory committee.) His lawyer, Chris Clark, first insisted that the release of the messages “are not only irresponsible, they are illegal.”

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SCOTUSBlog

JUNE 27, 2022

Barnett is the Patrick Hotung professor of constitutional law at the Georgetown University Law Center and the faculty director of the Georgetown Center for the Constitution. Bruen can be analyzed at the level of policy or at the level of constitutional method. New York State Rifle & Pistol Association v.

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JonathanTurley

MAY 24, 2022

What is not good news is that, despite shredding core principles governing higher education, Cartwright remains the UCF president after seeking to curtail free speech and academic freedom at the university. alter’ another student’s educational experience? That is good news.

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JonathanTurley

OCTOBER 7, 2022

As expected , he preserved the limits for public or private educational facilities, polling places, government administrative buildings, permitted special events, and public meeting places. Suddaby barred the limits on carrying guns in recreational settings, areas where alcoholic beverages are consumed, and other venues.

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JonathanTurley

JULY 8, 2023

It is not just chilling, it is glacial in its implications for higher education. Porter is a tenured statistics professor in the college of education. Board of Education. Board of Trustees of North Carolina State University would effectively gut both free speech and academic freedom protections for dissenting faculty.

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JonathanTurley

OCTOBER 27, 2023

However, this move would, in my view, violate the First Amendment and chill the exercise of free speech in higher education. The Supreme Court has repeatedly struck down such content-based bans and has been particularly protective of free speech in higher education. The Supreme Court has protected speech that is vile and prejudicial.

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Education Felony Government Court 40

JonathanTurley

NOVEMBER 11, 2022

We have previously discussed how the Administration stretched the 2003 Higher Education Relief Opportunities for Students (HEROES) to the breaking point as the basis for waiving roughly half a trillion dollars in debt owed to the public in college loans.

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JonathanTurley

MARCH 19, 2024

City of Chicago , in which the Court declared that that right is incorporated against state and local government. The state has been a fountain of unconstitutional laws — and the basis for a series of wins for Second Amendment advocates. In 2010, Chicago brought us McDonald v.

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JonathanTurley

MAY 28, 2021

We recently discussed the controversy at Rutgers Law School over the reading of the “n-word” from a state supreme court opinion. Now there is a potentially serious conflict brewing over the right of the student government to demand that all student groups hold at least one event featuring critical race theory or diversity issues.

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SCOTUSBlog

DECEMBER 31, 2022

During an illustrious career as a constitutional law scholar and a top Supreme Court advocate, Walter Dellinger argued 24 times before the court, including in some of the biggest cases of the past 30 years. And in 1981, she wrote one of the first law-review articles on domestic violence. Board of Education. 22, 2022).

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JonathanTurley

JULY 2, 2022

The Court rejected the notion that citizens must prove their need to use an individual right as opposed to the government shouldering the countervailing burden: “We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need.

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JonathanTurley

MAY 20, 2021

Wade , a case that not only would transform constitutional law but political divisions in the United States. Board of Education, as a “super precedent.” While Congress has long passed major labor laws, the Pro-Act would effectively take away the ability of states to make choices in this area. Amy Klobuchar , D-Minn.,

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LexForti

JULY 26, 2021

is commonly a patriotic musical composition that reminds and eulogizes the history, traditions, and struggles of its people, recognized either by a nation’s government as the official national song or by convention through use by the people. Measures By The Indian Government to Prevent Disregard of National Anthem.

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JonathanTurley

FEBRUARY 1, 2024

However, buried in one of the items in the slew of benefits for African-Americans is the restoration of affirmative action in education. Californians have repeated rejected affirmative action in education despite being a deeply blue state and well-funded campaigns to change the law. Barbara Lee (D., Jamaal Bowman (D.,

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JonathanTurley

JULY 17, 2022

States and the federal government could still adopt some restrictions on firearms. Kavanaugh reaffirmed the language in the 2008 decision in Heller v. District of Columbia that the Second Amendment was “neither a regulatory straightjacket nor a regulatory blank check.” These states believe they have an ally in Roberts.

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JonathanTurley

JANUARY 2, 2023

was found to have misrepresented his military service , and Georgia Republican senatorial candidate Herschel Walker was accused of misrepresenting law enforcement and educational credentials. McCormack, and held that the question of seating a member is limited to the qualifications stated in the Constitution.

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LexForti

FEBRUARY 21, 2023

Now, the theme of the paper can simply be said a proximity between the constitution and the Intellectual Property Rights (IPR). 1] Secondly, it brings the confidence in government, since you are not curbing the individual right to speak. [2] However, in amid of all that there has been constitutional provision to contour it.

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Laws Court Entertainment Government 52

JonathanTurley

MAY 1, 2022

For years, anti-free-speech figures have dismissed free speech objections to social media censorship by stressing that the First Amendment applies only to the government, not private companies. The distinction was always a dishonest effort to evade the implications of speech controls, whether implemented by the government or corporations.

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JonathanTurley

DECEMBER 17, 2020

THE STATE OF NEW YORK SHALL NOT SELL OR DISPLAY ANY SYMBOLS OF HATE OR ANY SIMILAR IMAGE, OR TANGIBLE PERSONAL PROPERTY, INSCRIBED WITH SUCH AN IMAGE UNLESS THE IMAGE APPEARS IN A BOOK, DIGITAL MEDIUM, MUSEUM, OR OTHERWISE SERVES AN EDUCATIONAL OR HISTORICAL PURPOSE. Those are also protected under the First Amendment. In Matal v.

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Laws Education Government Court Rules 49

SCOTUSBlog

FEBRUARY 4, 2022

The court did so on the grounds that, in using race as a significant factor in making assignments, the plans’ goal was demographic balance rather than educational benefit from diversity, and that in preventing racial imbalance in schools, it was using race illegitimately. Seattle School District No. To Roberts, Brown v.

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Law School Court Education Laws 101

JonathanTurley

APRIL 19, 2021

In this way, residents would receive full representation while receiving the benefits of various Maryland educational and other opportunities. They would instantly become part of a larger state with greater resources and greater success in areas ranging from education to courts to infrastructure. remains largely a one industry town.

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