Remove Constitutional Law Remove Government Remove Statute Remove Tort
article thumbnail

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 33
article thumbnail

University of Illinois (Chicago) Law Professor Sues Over Exam Controversy

JonathanTurley

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. COUNT II Violation of University of Illinois Statutes. Kilborn wrote a Civil Procedure exam based on an employment discrimination hypothetical.

Laws 33
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Justices Hear Oral Arguments in Four Cases

Constitutional Law Reporter

The justices have agreed to decide the following question: “Whether the federal Medicaid Act provides for a state Medicaid program to recover reimbursement for Medicaid’s payment of a beneficiary’s past medical expenses by taking funds from the portion of the beneficiary’s tort recovery that compensates for future medical expenses.”.

article thumbnail

At a vestige of the Manhattan Project, a fight over workers’ compensation and intergovernmental immunity

SCOTUSBlog

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.

article thumbnail

New York’s Circular Firing Squad: Gun Groups Sue Over Latest Legislative Misfire on Gun Control

JonathanTurley

Not only is the law likely to be a large miss, it will likely deliver another blow to gun control efforts by adding precedent protecting Second Amendment rights. City of Chicago , in which the Court declared that that right is incorporated against state and local government. In 2010, Chicago brought us McDonald v.

article thumbnail

Palin and Public Figures: Is it Time to Reconsider New York Times v. Sullivan and the Actual Malice Standard?

JonathanTurley

Here is the column: For those of us who teach torts, we are living in the golden age of defamation. The court believed that public officials have ample means to rebut false statements, but that it’s essential for democracy for voters and reporters to be able to challenge government officials. Why punish private citizens?

Tort 35